Active SLED Opportunity · ARIZONA · CITY OF SURPRISE
AI Summary
The City of Surprise, AZ seeks sealed bids for water, wastewater, and pool treatment chemicals. The contract is for one year with options to extend. Vendors must comply with regulatory standards and provide required insurance and bonds. Bids are due June 11, 2026, via the City's e-Procurement Portal.
The City of Surprise (the "City") is accepting sealed bids from qualified vendors to provide Water/Wastewater and Pool Treatment Chemicals. The purpose of this Solicitation is to enter into a contract(s) with qualified firm(s) to provide quality products, as specified, at a fair market price per the specifications herein.
By submitting a signed Offer, Offerors are agreeing to comply with all the terms and conditions set forth in this IFB, along with all attachments, incorporated documents, and the Offer. Upon acceptance of the Offer by the City, these documents form the Contract between the Offeror/Contractor and the City, and will be known collectively as the “Contract Documents."
*THESE INSURANCE REQUIREMENTS ARE DEEMED A PART OF THE SPECIAL TERMS AND CONDITIONS SECTION OF THIS CONTRACT.
Insurer Qualifications. Without limiting any obligations or liabilities of the Contractor, the Contractor must purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an A.M. Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Contract at the City’s option.
No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect the Contractor. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency will not relieve the Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract.
Insurance Requirements. The Contractor and subcontractors shall 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, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The City 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, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.
Minimum Scope and Limits of Insurance: The Contractor shall provide coverage with limits of liability not less than those stated below.
Pursuant to provisions of the City Procurement Code, the City of Surprise, Procurement Division intends to establish a contract for Water/Wastewater and Pool Treatment Chemicals .
The City of Surprise is seeking Bids for water/wastewater and pool treatment chemicals per the Scope of Work/Specifications herein.
In accordance with the City Procurement Code, competitive sealed Bids will be received via the City’s e-Procurement Portal, OpenGov https://procurement.opengov.com/portal/surpriseaz until the date and time cited in this document. Late responses will not be considered. Offerors must carefully read the entire Invitation for Bid ("IFB") package.
Information regarding the requirements of this IFB may be obtained through the City’s e-Procurement Portal.
The City shall not be held responsible for any oral instructions or formal documentation of any information exchange during a pre-bid meeting. Any changes to this IFB will be in the form of a published amendment. All technical questions regarding this IFB must be submitted in writing via the City’s e-Procurement Portal.
Please reference 326372, City Water/Wastewater & Pool Treatment Chemicals in all your communications to the City.
Misty Gomez
Procurement Officer Sr
Publication: AZ Business Gazette and City of Surprise website at: https://www.surpriseaz.gov/bids.aspx
Dates: May 7, 2026 and May 14, 2026
THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT.
The City utilizes a combination of water treatment chemicals and additives to disinfect, clarify and stabilize the City water, wastewater and community aquatics & recreation pools. The intent is to contract with multiple contractor(s) that will provide chemicals for the City's water disinfection, treatment, and/or balancing applications, including but not limited to disinfectants, coagulants and flocculants, and pH adjusters purchased on an as-needed basis. Any quantities listed are an estimated amount based upon historical documented purchases and the City reserves the right to increase or decrease any estimated quantities upon ordering. The City shall not be bound to purchase a minimum quantity during the Contract period. Generally, chemicals will be used for but not limited to:
This Solicitation as well as any resultant Contract is issued under the authority of the Procurement Manager. No alteration of any resultant Contract may be made without the express written approval of the Procurement Manager in the form of an official Contract Amendment. Any attempt to alter any Contract without such approval is a violation of the Contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension, and/or debarment of the Contractor.
The policy shall include bodily injury, property damage, errors and omissions, personal injury and broad form contractual liability coverage.
General Aggregate $4,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Blanket Contractual Liability – Written and Oral $1,000,000
Fire Legal Liability $ 50,000
Each Occurrence $2,000,000
The policy shall be endorsed to include the following additional insured language: “The City of Surprise, its departments, agencies, boards, commissions, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor".
The policy shall contain a waiver of subrogation against the City of Surprise, its departments, agencies, boards, commissions, and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.
Offers in response to this Solicitation shall be submitted via the City’s e-Procurement Portal, OpenGov https://procurement.opengov.com/portal/surpriseaz. Offers shall be received before the date and time listed in the Solicitation’s timeline.
Offers may be received up to but not later than Thursday, June 11, 2026 at 11:00 am via the City's e-Procurement Portal. The City's e-procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing responses well ahead of the deadline.
All chemicals supplied shall meet the following requirements:
As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:
Bid or Offer – is defined as the bid, offer, proposal, or qualifications submitted in response to this Solicitation that may be awarded the Contract.
Bidder or Offeror – is defined as the individual or legal entity that submitted the Bid / Offer to this Solicitation.
City – is defined as the City of Surprise, Arizona.
Contract – is defined as the resulting agreement between the City and the Contractor pursuant to this Solicitation including, but not limited to, the combination of the Solicitation, including the Special Terms and Conditions, the Standard Terms and Conditions, and the Specifications and Statement or Scope of Work/Services; the Offer; and any Solicitation amendments or Contract Amendments.
Contract Amendment – is defined as a written document signed by the Procurement Manager that is issued for the purpose of making changes in the Contract.
Contractor – or vendor, is defined as the Offeror who was awarded the Contract with the City.
Day(s) – are defined as calendar days unless otherwise specified.
Exhibit – is defined as any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.
Gratuity – is defined as a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
Good(s) – are defined as articles moveable at the time of sale, including, but not limited to, equipment, supplies, consumable items, commodities, materials, products, parts, assets, or the like, received by the City in the execution of a contract.
Procurement Manager – is defined as the person, or his or her designee, duly authorized by the City to enter into and administer contracts and make written determinations with respect to the Contract.
Service(s) – are defined as the work performed or the furnishing of labor, time or effort expended by a contractor or subcontractor, including, without limitation, all work, labor, time, effort, personnel, construction, equipment, products, supplies, parts, or other materials used in the performance of the Contract. The term "Services" does not involve: the delivery of a specific end product, other than required reports and performance; employment agreements; or, collective bargaining agreements.
Solicitation – is defined as this Invitation for Bid (“IFB”) by which the City invites potential contractors to participate in a procurement.
Subcontract – is defined as any contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Good and/or any Service required for the performance of the Contract.
In order to allow for an adequate evaluation, the City requires an Offer in response to this Solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
By signature in the Offer section of the Offer and Acceptance Award page, the Contractor certifies all of the following:
The policy shall include bodily injury and property damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.
Combined Single Limit (CSL) $1,000,000
The policy shall be endorsed to include the following additional insured language: “The City of Surprise, its departments, agencies, boards, commissions, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor".
The policy shall contain a waiver of subrogation against the City of Surprise, its departments, agencies, boards, commissions, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.
The term of any resultant Contract shall commence on the date of award and shall continue for a period of One (1) year thereafter, unless terminated, cancelled, or extended as otherwise provided herein.
The Contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions, all terms and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the Offer submitted by the Contractor in response to the Solicitation. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of the Contractor, and such written Contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Contractor's Offer. The Solicitation shall govern in all other matters not affected by the written Contract.
The policy must include Workers' Compensation Statutory Employers' Liability Coverage
Each Accident $ 500,000
Disease – Each Employee $ 500,000
Disease – Policy Limit $1,000,000
The policy shall contain a waiver of subrogation against the City of Surprise, its departments, agencies, boards, commissions, and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.
This Contract may be modified only by a written Contract Amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor.
The policy must include professional liability coverage.
Each Claim $1,000,000
Annual Aggregate $2,000,000
In the event that the professional liability insurance required by this Agreement is written on a claims-made basis, the Contractor warrants that any retroactive date under the policy will 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.
The policy must cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this Agreement.
Any question related to the IFB must be submitted in writing through the OpenGov Question/Answer Tab via the City's e-Procurement portal, on or before, Thursday, June 4, 2026 by 4:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to Bidders following this Solicitation on the City's e-Procurement Portal.
By mutual written Contract Amendment, any resultant Contract may be extended for supplemental periods of up to a maximum of four (4) additional one (1) year terms.
A prospective bidders conference may be held. If scheduled, the date and time of this conference will be indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this IFB in order to prevent any misunderstanding of the City’s position. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the City. The City will then determine if any action is necessary and may issue a written amendment to the IFB. Oral statements or instructions will not constitute an amendment to this IFB. The City may not publish any meeting minutes or other information from the pre-bid meeting, except the sign-in sheet.
Fixed Price Term Indefinate Quantity.
The Contractor shall substantially conform to the terms, conditions, specifications and other requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other documents, which have been executed between the Contractor and the City, are not applicable to this Solicitation or any resultant Contract.
Deliveries shall be made in the appropriate marked containers (individual gallon, bag, bulk, totes, drums, bags, etc.). The Contractor shall ensure proper handling to prevent contamination or spillage and follow all site safety protocols.
Any Contract resulting from this Solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Surprise. The City reserves the right to obtain like Goods and/or Services from another source when necessary. Off-Contract purchase authorization may only be approved by the Procurement Manager. Approval shall be at the discretion of the Procurement Manager and shall be conclusive, however, approval shall be granted only after a proper review and when deemed to be appropriate. Off-Contract procurement shall be consistent with the City Procurement Code.
Late Bids will not be considered.
In order to assure that any ensuing Contracts will allow the City to fulfill current and future requirements, the City reserves the right to award Contract(s) to multiple companies. The actual utilization of any Contract will be at the sole discretion of the City. The fact that the City may make multiple awards should be taken into consideration by each potential Offeror.
The City has multiple delivery locations for water/wastewater facilities and aquatics as listed in the Attachments as Exhibit A. The Contractor shall make routine deliveries to the locations in Exhibit A Monday - Friday during the hours listed per location in Exhibit A, unless otherwise specified or requested by the City.
The City anticipates considerable activity resulting from contracts that will be awarded as a result of this Solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential Offeror.
At any time prior to the specified Bid due date and time, Bids may be withdrawn through the City's e-Procurement Portal. The responding firm may “unsubmit” their Bid in OpenGov. After withdrawing a previously submitted Bid, the responding firm may submit another Bid at any time up to the deadline for submitting Bids prior to the Bid opening.
In the event of conflict in the provision of the Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below:
*The Insurance Requirements are deemed an express part of the Special Terms and Conditions.
In the event of a conflict between the Exhibits and Standard Terms and Conditions, the Standard Terms and Conditions of this Contract will govern. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation will govern. However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of Contractor, and such written Contract will govern in case of conflict with the applicable requirements stated in the Solicitation or the Contractor's Offer.
Any addenda shall be posted on the City's e-Procurement Portal. Receipt of all Solicitation addenda must be acknowledged by the Bidder. Addenda notifications will be emailed to all persons on record following this IFB. Failure of any Bidder to receive any such addenda or interpretation shall not relieve such Bidder from any obligation under their Bid as submitted. All addenda so issued shall become part of the Contract Documents.
The policy shall include environmental/pollution liability coverage.
Each Occurrence $2,000,000
Annual Aggregate $4,000,000
The policy shall be endorsed to include the following additional insured language: “The City of Surprise, its departments, agencies, boards, commissions, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor".
The policy shall contain a waiver of subrogation against the City of Surprise, its departments, agencies, boards, commissions, and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.
The City of Surprise Procurement Division will review fully documented requests for price increases after any Contract has been in effect for one (1) year. Any price increase adjustment will only be made at the time of Contract extension and will be a factor in the extension review process. The City of Surprise Procurement Division will determine whether the requested price increase or an alternate option is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension.
The City may accept justifiable price increases outside of the Contract extension period, but it will be at the sole discretion of the City. The Offeror shall provide justification that a change in market conditions is the sole reason for the increase.
The City of Surprise Procurement Division will review fully documented requests for price increases after any contract has been in effect for one-hundred twenty (120) calendar days. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. The City of Surprise Procurement Division will determine whether the requested price increase, or an alternative option, is in the best interest of the City. The Contractor shall likewise offer any published price reduction to the City concurrent with its announcement to other customers. Advanced 30-day written notification by the Contractor is required for any price changes. All price adjustments will be effective on the first day of the month following approval or acceptance by the City of Surprise, Procurement Division.
The City may accept justifiable price increases outside of the Contract extension period, but it will be at the sole discretion of the City. The Offeror shall provide justification that a change in market conditions is the sole reason for the increase.
Additional Insurance Requirements: The policies shall include, and be endorsed to include, the following provisions:
The City of Surprise, its departments, agencies, boards, commissions, officers, officials, agents, and employees wherever additional insured status is required. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.
All certificates and endorsements are to be received and approved by the City’s Risk Management and Procurement divisions 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.
All certificates required by this Contract shall be sent directly to the City of Surprise, Procurement Division. The City project/Contract number, if applicable, and project description shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time.
The City desires to receive feedback on the past performance provided for public/private agencies. The Bidder shall provide a copy of the Past Performance Verification form ("PPVF") to the owner, or owner’s representative directly responsible for oversight for which the Bidder has provided similar goods and/or services for completion. The Bidder shall submit three (3) PPVF forms with the Bidder's IFB submission through the City’s e-Procurement Portal. If the responding firm has completed previous similar work for the City of Surprise, it is recommended that it utilize this experience. If the responding firm has not provided prior goods and/or services to the City it will not be penalized.
The City of Surprise Procurement Division will review fully documented requests for price increases after any contract has been in effect for one-hundred eighty (180) calendar days. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. The City of Surprise Procurement Division will determine whether the requested price increase, or an alternative option, is in the best interest of the City. The Contractor shall likewise offer any published price reduction to the City concurrent with its announcement to other customers. Advanced 30-day written notification by the Contractor is required for any price changes. All price adjustments will be effective on the first day of the month following approval or acceptance by the City of Surprise, Procurement Division.
The City may accept justifiable price increases outside of the Contract extension period, but it will be at the sole discretion of the City. The Offeror shall provide justification that a change in market conditions is the sole reason for the increase.
The Contractor's certificate(s) shall include all subcontractors as insureds under its policies or the Contractor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above. The Contractor shall ensure for any subcontractor policy required under this Contract and for any policy required by a Subcontract between the Contractor and each subcontractor, the subcontractors’ certificates of insurance shall list the “City of Surprise” as the Certificate Holder and as an additional insured (and any other entities that are required to be listed as such), and shall identify in each certificate of insurance’s description: (i) this Contract by Contract Number, and (ii) any Subcontract between the subcontractor and the Contractor related to that subcontractor’s work under this Contract.
The City, by written notice of default to the Contractor, may terminate the whole or any part of this Contract in any of the following circumstances:
In the event the City terminates this Contract in whole or part, the City may procure Goods and/or Services similar to those terminated, and the Contractor shall be liable to the City for any excess costs for such similar Goods and/or Services.
Contractor shall deliver conforming Goods in each installment of lot of this Contract and may not substitute nonconforming Goods. Delivery of nonconforming Goods or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole.
Any modification or variation from the insurance requirements in this Contract shall be made by the City, whose decision shall be final. Such action will not require a formal Contract Amendment, but may be made by administrative action.
The City of Surprise Procurement Division will review fully documented requests for price increases after any contract has been in effect for three-hundred sixty-five (365) calendar days. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. The City of Surprise Procurement Division will determine whether the requested price increase, or an alternative option, is in the best interest of the City. The Contractor shall likewise offer any published price reduction to the City concurrent with its announcement to other customers. Advanced 30-day written notification by the Contractor is required for any price changes. All price adjustments will be effective on the first day of the month following approval or acceptance by the City of Surprise, Procurement Division.
The City may accept justifiable price increases outside of the Contract extension period, but it will be at the sole discretion of the City. The Offeror shall provide justification that a change in market conditions is the sole reason for the increase.
A bidder determined by the Procurement Manager to have submitted a proposal that conforms in all material respects to the requirements of the proposal documents.
A price reduction adjustment may be offered at any time during the term of a Contract and shall become effective upon notice.
The City may, by written notice to the Contractor, cancel this Contract if it is found by the City 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 City with a view toward securing an order, or securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to the performing of such order. In the event this Contract is cancelled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. Paying the expense of normal business meals which are generally made available to all eligible City government customers shall not be prohibited by this paragraph.
A responsible bidder is defined in the Code as a bidder determined by the Procurement Manager:
Any Contract resulting from this Solicitation shall be for the use of all City of Surprise departments, divisions, agencies, boards, and/or commissions.
In the performance of this Contract, the Contractor will abide by and conform to any and all laws of the United States, the State of Arizona, and the City of Surprise, including but not limited to, existing and future federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act, and any other existing or future federal, state, or local laws, rules, regulations, orders, directives, statutes, and ordinances applicable to this Contract. This Contract is governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in the State of Arizona in Maricopa County.
In an IFB, award(s) will be made to the lowest proposing responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the IFB. The City will be the sole judge as to the acceptability of the products and/or services offered.
All claims and controversies shall be subject to resolution according to the terms of the City of Surprise Procurement Code.
While this Contract is for the City of Surprise, other public agencies and political subdivisions may express interest in utilizing the Contract. In addition to the City of Surprise, and with approval of the Contractor, this Contract may be extended for use by other eligible public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State). Eligible public agencies may elect to utilize the contract through cooperative purchasing (or piggybacking) on the Contract and do so at their discretion. No volume is implied or guaranteed, and the Contractor must be in agreement with the cooperative transaction. The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other public agencies, have signed an intergovernmental cooperative purchase agreement to obtain economies of scale. As a member of SAVE, the City of Surprise will act as the lead agency. Any such usage by other participating public agencies must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective public agency. Potential participating public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State) recognize potential equipment, logistical and capacity limitations by the Contractor may limit the Contractor’s ability to extend use of this Contract.
Any orders placed to the Contractor will be placed by the specific public agency participating in this purchase, and payment for purchases made under this Contract will be the sole responsibility of each participating public agency. The City of Surprise shall not be responsible for any disputes arising out of transactions made by others.
Unless the Bidder states otherwise, or unless provided within this IFB, the City 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 City.
A response to an IFB is an offer to contract with the City based upon the terms, conditions and specifications contained in the City’s IFB and the written amendments thereto, if any. Bids do not become contracts unless and until they are accepted by the City. The Contract has its inception in the Offer and Acceptance form, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the procurement contract are contained in the IFB, unless modified by a Solicitation addendum or a Contract Amendment.
Notwithstanding any other provision of this IFB, the City expressly reserves the right to:
a) Waive any immaterial defect or informality: or
b) Reject any or all Bids, or portions thereof, or
c) Reissue an IFB.
It is the policy of the City that suppliers of Goods and/or Services to the City adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age, or disability.
Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included and, if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction.
Bonds submitted as part of a response to this IFB must be duly executed by the Contractor, having as surety thereon a surety company approved by the City and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. A copy of the Certificate of Authority must accompany the bonds. The Certificate must have been issued or updated within two (2) years prior to the award of the contract. No individual sureties are acceptable. All bonds must be provided by a surety with an A.M. Best’s Key Rating Guide rating of “A-“ or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable without condition to the City.
Both the Payment and Performance bonds will only be required after contract award. A Bid Bond is required at time of submission.
Non-revocable bid security payable to the City of Surprise in the amount of ten percent (10%) of the total bid price is required. This security shall be in the form of a bid bond, certified check or cashier’s check and must be in the possession of the City of Surprise, Procurement Division by the due date and time cited for this Solicitation.
The City will hold all bid security during the evaluation process. As soon as is practicable after the completion of the evaluation, the City will:
All bid security from Contractors who have been issued an award notice shall be held until the successful execution of all required contractual documents and bonds (performance bond, insurance, etc.). If the Contractor fails to execute the required contractual documents and bonds within the time specified, or ten (10) days after notice of award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the City. In case of default, the City reserves all rights inclusive of, but not limited to, the right to purchase Goods and/or to complete the required Services in accordance with the City of Surprise Procurement Code and to recover any actual excess costs from the Contractor. Collection against the bid security shall be one of the measures available toward the recovery of any excess costs.
All bid bonds must be executed on forms attached. All bid bonds duly executed by the Bidder as Principal and having as Surety thereon a Surety Company approved by the City and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the proposal and AM Best rating of “A-” or better.
The provisions of this Contract are severable. To the extent that any provision is held to be invalid by a court of competent jurisdiction, such holding will not affect any other provision of the Contract which may remain in effect without the invalid provision.
Each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party may not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and the Contractor agrees to be fully and solely responsible for the payment of such taxes or any other tax applicable to this Contract. The Contractor, its employees, and subcontractors are not entitled to workers’ compensation benefits from the City. The City does not have the authority to supervise or control the actual work of the Contractor, its employees, or subcontractors. The Contractor, and not the City, will determine the time of its performance of the Services so long as the Contractor meets the requirements of this Contract. The Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere.
The Contractor shall be required to furnish non-revocable security binding the Contractor to provide faithful performance of the Contract in the amount of one hundred percent (100%) of the total Contract price payable to the City of Surprise.
Performance security shall be in the form of a performance bond, certified check or cashier’s check. This security must be in the possession of the City of Surprise, Procurement Division within the time specified or ten (10) days after notice of award if no period is specified. If the Contractor fails to execute the security document as required, the Contractor may be found in default and the Contract terminated by the City. In case of default the City reserves all rights.
All performance bonds must be executed on forms attached. All performance bonds duly executed by the Bidder as Principal and having as Surety thereon a Surety Company approved by the City and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the proposal and AM Best rating of “A-” or better.
a) The City reserves the right to reject any or all submissions, to waive any informality or irregularity in any Solicitation received, and to be the sole judge of the merits of the respective Solicitation received. The City also reserves the right to re-advertise, modify, or cancel the project in its entirety, at its sole discretion. No binding contract will exist between the Bidder and the City until the City accepts the Bidder’s Bid by signing the Offer and Acceptance form.
b) The City reserves the right to engage the services of others as may be required for successful completion of the project.
c) The City reserves the right to request substitution of subcontractors or to request the addition of specialty subcontractors that may enhance the project.
d) The City will not reimburse the cost of developing, presenting, or submitting any response to this Solicitation.
This Contract represents the entire agreement of the parties with respect to its subject matter. All previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth in this Contract. This Contract will be construed and interpreted according to its plain meaning, and no presumption will be deemed to apply in favor of or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in drafting, reviewing, and entering into this Contract.
The Contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the Contractor or any subcontractor for the performance of any work related to the Contract. Payment security shall be in the amount of one hundred percent (100%) of the total Contract price and be payable to the City of Surprise.
Payment security shall be in the form of a payment bond, certified check, or cashier’s check.
All payment bonds must be executed on forms attached, duly executed by the Bidder as Principal and having as Surety thereon a Surety company approved by the owner and holding a Certificate of Authority to transact surety business in the State of Arizona, by the Arizona Department of Insurance. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of the proposal and A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company, payable without condition to the Owner.
A Fidelity Bond in the amount of $10,000 is required by the Contractor at the time of Contract award and must remain in effect for the duration of the Contract.
No right or interest in this Contract may be assigned by the Contractor without prior written permission of the City, signed by the City Manager or their designee. No delegation of any duty of the Contractor may be made without prior written permission of the City, signed by the City Manager or their designee. Any attempted assignment or delegation by the Contractor in violation of this provision is a breach of this Contract by the Contractor.
In the event of a conflict between the language of this IFB (including all incorporated documents) and a Bidder’s submittal, the IFB language will prevail. In addition, Bids that contain terms that are contradictory to the language in this IFB may be deemed nonresponsive and ineligible for contract award at the City’s discretion.
A Conditional Lien Waiver and Release (referred to as "Waiver" under this section) may be requested prior to any payment made by the City and is required prior to any final payment. The Waiver shall provide full, final and unconditional certification and affidavit that all of the Contractor’s obligations to contractors, subcontractors, suppliers and other third parties for payment for labor, materials or equipment related to the Scope of Work have been paid or otherwise satisfied. The City also reserves the right to require full, final and unconditional waivers and release of mechanics or construction liens, releases of trust fund or similar claims, and release of security interests or encumbrances on the project property from each contractor, subcontractor, supplier or other person or entity who has, or might have a claim against the City or the City’s property.
No subcontract may be entered into by the Contractor with any other party to furnish any of the Goods and/or Services specified herein without the prior written approval of the City. The Contractor is responsible for performance under this Contract whether or not subcontractors are used.
Any interested party wishing to protest the intent to award a contract must submit a written protest to the purchasing manager in accordance with the Bid Protests policy which may be found at https://library.municode.com/az/surprise/codes/municipal_code?nodeId=PTIGEOR_CH2AD_ARTIXPRCO_S2-349BIPR no later than 14 calendar days after notification of the intent to award. Untimely protests will not be considered.
No provision in this Contract may be construed, expressly or by implication, as waiver by the City of any existing or future right or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the City to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the City’s acceptance of and payment for services, will not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and will not be deemed a waiver of any right of the City to insist upon the strict performance of this Contract.
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City and its council members, managers, officers, boards, commissions, officials, employees, or agents (collectively “Indemnified Party”), for, from, and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, claims processing, investigation, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), including negligence, insofar as such Claims (or actions with respect thereof) relate to, arise out of, or are caused by, or in connection with the City entering into this Contract, or the acts or omissions of any Indemnified Party acting pursuant to or in furtherance of this Contract. The Contractor shall further indemnify, defend and hold harmless any Indemnified Party for, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees, claims processing, investigation, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions with respect thereof) relate to, arise out of, or are caused by, or in connection with the negligent or willful acts or omissions of work or professional services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Contract. In consideration of the award of this Contract, the Contractor agrees to waive all rights of subrogation against the City, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the City. The amount and type of insurance coverage required by this Contract will in no way be construed as limiting the scope of the indemnity in this section.
Offerors who submit an Offer as a manufacturer’s representative must supplement the Offer with a letter from each manufacturer involved, certifying that: (A) the Offeror is a bona fide dealer for the specific equipment and/or other Goods presented, (B) the Offeror is authorized to submit an Offer on such equipment, and (C) the Offeror guarantees that should the Offeror fail to satisfactorily fulfill any obligations established as a result of the anticipated Contract Awards, the manufacturer, upon assignment by the City, will either assume and discharge such obligations or provide for their competent assumption by one or more bona fide dealers for the balance of the Contract period.
The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the Goods and/or Services used to fulfill the Contract.
The equipment and/or other Goods specified in this Solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential Contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment and/or other Goods specified. Maintenance facilities are subject to inspection by the City to determine adequacy.
Except for payment for 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. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror, hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; plague; pandemics (including without limitation, the COVID-19 pandemic); epidemics; quarantine orders or directives by a governmental entity; outbreaks of infectious disease or any other public health crisis, including without limitation, quarantine or other employee restrictions; fire; floods; lockouts, injunctions-interventions-acts, or failures or refusals to act by government authority; events or obstacles resulting from a governmental authority’s response to the foregoing; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The party impacted by and claiming an inability to perform due to the force majeure event shall notify the other party of the existence of the force majeure and such force majeure event will be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure will not include the following occurrences:
The equipment specified in this Solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy
Response time for a technician to be on-site to service the specified equipment shall be no later than N/A business hours (8:00 A.M.-5:00 P.M., Monday-Friday) after notification by a Department of a requirement for service.
Whenever one party to this Contract in good faith has reason to question the other party's intent to perform, they may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) calendar days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.
The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City.
Upon award of a Contract by the City, the City of Surprise, Procurement Division may procure the specific Goods and/or Services awarded by the issuance of a purchase order to the appropriate Contractor. The award of a Contract shall be in accordance with the City of Surprise Procurement Code and all transactions and procedures required by the Code for public bidding have been complied with. A purchase order for the awarded Goods and/or Service that cites a valid current Contract is the only document required for the City to order and the Contractor to deliver the Goods and/or Services.
Any attempt to represent any Goods and/or Services not specifically awarded as being under Contract with the City is a violation of the Contract and the City of Surprise Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension, and/or debarment of the Contractor.
The City may, at reasonable times, inspect the part of the plant or place of business of a Contractor or subcontractor which is related to the performance of any contract as awarded or to be awarded.
All Goods offered in response to this Solicitation shall be new and in current and ongoing production, shall have been formally announced for general marketing purposes, shall be a model or type currently functioning in a user (paying customer) environment, and shall be capable of meeting or exceeding all specifications and requirements set forth in this Solicitation.
The City may award Contracts for particular Goods and/or models of Goods as a result of this Solicitation. In the event that a Good or model thereof is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued Good. The Contractor shall request permission to substitute a new Good or model and provide all of the following:
The Contractor warrants that all Goods and/or Services delivered under this Contract shall conform to the specifications of this Contract. Unless otherwise stated in the Contractor's response, the City is responsible for selecting items, their use, and the results obtained from any other items used with the items furnished under this Contract. Mere receipt of shipment of the Goods and/or Services specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in the Solicitation. The Contractor warrants that the Goods delivered and/or Services rendered will conform to the requirements of this Contract and to the highest professional standards in the field.
The City of Surprise has an ongoing requirement for the Goods indicated in this Solicitation. It is an express condition of any award that a Contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in Contract cancellation.
All work and other services will be subject to inspection and acceptance by the City at reasonable times during the Contractor’s performance. All Goods and/or Services are subject to final inspection and acceptance by the City. Materials and/or services failing to conform to the specifications of this Contract will be held at the Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect by a written determination to do any or all of the following:
The title and risk of loss of Goods and/or Services shall not pass to the City until the City actually receives the Goods and/or Services at the point of delivery, unless otherwise provided within this Contract.
Offers shall be for equipment on which the original manufacturer’s serial number has not been altered in any way. Throughout the Contract term, the City reserves the right to reject any altered equipment.
Every tender of Goods shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.
All Contractors are hereby notified that demonstration units of the equipment offered shall be available in Phoenix. The City of Surprise, Procurement Division must arrange a time and place for equipment demonstrations for the purpose of evaluation. Demonstrations shall be performed at no expense to the City.
The Contractor is not authorized to ship Goods under reservation and no tender of a bill of lading will operate as a tender of the Goods.
Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing the quality level, design, and performance desired. Such references are not intended to limit or restrict bidding by other Offerors but are intended to establish the quality, design, or performance which is desired. Any Offer which proposes like quality, design, or performance will be considered.
All Goods supplied or Services rendered under this Contract will comply with the current applicable federal and state Occupational Safety and Health Standards, the National Electrical Code, and the National Fire Protection Association Standards. The Contractor will be responsible for ensuring that the above-referenced safety standards are met and acknowledges that the Contractor has general supervisory authority over the worksite, including the power to correct safety and health violations. This would include the power to require subcontractors to correct violations of the above-mentioned safety standards. The Contractor is responsible for how frequently and closely the Contractor needs to inspect to meet the standard of reasonable care for the above-referenced safety standards.
All Goods and/or Services must be free of all liens and, if the City requests, a formal release of all liens must be delivered to the City.
All Offerors shall include complete manufacturers’ descriptive literature regarding the Goods they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation of the Offer submitted. Failure to include this information may result in the Offer being rejected.
All specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the City's needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications, other than fees paid for the preparation of specifications.
The City shall not reimburse the cost of developing, presenting or providing any response to this Solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.
It is an express condition of any award that the successful Contractor(s) shall provide the City of Surprise, Procurement Division with a quarterly report delineating the number of items by commodity number as shown on the bid for each item. Format for the usage report will be issued to the successful Bidder(s).
The Contractor acknowledges that all documents provided to the City may be subject to disclosure by laws related to open public records, including, but not limited to, Arizona public record laws under Arizona Revised Statutes Title 39. Consequently, the Contractor understands that disclosure of some or all of the items subject to this Contract may be required by law.
Prices shall be F.O.B. Destination Pre-Paid and Allowed to the delivery location designated herein. 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 City will notify the Contractor promptly of any damaged Goods and shall assist the Contractor in arranging for inspection.
Prices shall be F.O.B. Destination Pre-Paid and Allowed to any location in the City, delivered to the specified receiving point as required by the customer agency at the time of order. The 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 City will notify the Contractor promptly of any damaged Goods and shall assist the Contractor in arranging for inspection.
The Contractor must establish and maintain procedures and controls that are acceptable to the City for the purpose of ensuring that information contained in its records or obtained from the City or from others in carrying out its obligations under this Contract will not be used or disclosed by it, its agents, officers, or employees, except as required to perform the Contractor’s duties under this Contract. Persons requesting such information should be referred to the City. The Contractor also agrees that any information pertaining to individual persons will not be divulged other than to employees, agents, or officers of the Contractor as needed for the performance of duties under this Contract.
Prices shall be F.O.B. Point of Origin. The City shall assume control when received by the carrier. Contractor shall ship by the best and least costly way with all freight charges the responsibility of the City.
Prices offered shall include all applicable State and local taxes. The City will pay all applicable taxes. Taxes must be listed as a separate item on the price sheet attached to this Solicitation and on all invoices. The City is exempt from Federal Excise Tax, including the Federal Transportation Tax.
The Contractor shall not advertise or publish information concerning this Contract, without prior written consent of the City.
Payment terms are Net 30 from receipt of a correct invoice as deemed by the City. The City will make every effort to process payment for the purchase of Goods and/or Services within thirty (30) calendar days after receipt of said Goods and/or Services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the account. Invoices will itemize all Goods and/or Services completed up to the date of the invoice and provide sufficient detail about the Services completed to support the payment requested.
The City shall issue a purchase order for the Goods and/or Services covered by this Contract. All such documents shall reference the Contract number as indicated on the Offer and Contract Award.
The Contractor understands that the continuation of this Contract after the close of any given fiscal year of the City of Surprise, which ends on June 30 each year, shall be subject to the budget of the City providing for the contract item as an expenditure. The City cannot assure that the budget item for funding this Contract will be approved in the future, as such assurance would be a legislative and policy determination of the City Council at the time of the adoption of the budget. Should the funding of the Contract not be approved by City Council, the City may terminate this Contract as of the close of its fiscal year. The City represents that it intends to pay all monies due, if such funds have been legally appropriated.
Each offer shall include a complete and exclusive statement of the product warranty.
All billing notices to the City shall identify the specific Goods and/or Services being billed and the purchase order number. Goods and Services are to be identified by the name, model number, and/or serial number most applicable. Any purchase/delivery order issued by the requesting agency shall refer to the Contract number resulting from this Solicitation. The Contractor shall submit invoices to the City of Surprise Accounts Payable Department, 16000 N Civic Center Plaza, Surprise, AZ 85374. Invoices may also be submitted electronically to accountspayable@Surpriseaz.gov.
All equipment supplied under this specification shall be fully guaranteed by the contractor for a minimum period of 12 months from the date of acceptance by the City. Any defects of design, workmanship, or materials that would result in non-compliance with the contract specification shall be fully corrected by the contractor (including parts and labor) without cost to the City.
The City will pay the Contractor subject to the Contractor submitting an invoice to the City for each requested payment. Invoices will itemize all Goods provided and/or Services completed up to the date of the invoice and provide sufficient detail about the Services completed to support the payment requested. Upon approval of the invoice, the City will pay the invoiced amount to the Contractor. Payment Terms shall be Net 30, and the Offeror shall not require the City to set up any credit services of any nature whatsoever. The City shall not be required to pay any invoices that are not submitted within sixty (60) calendar days of completion of services, work and/or delivery of any goods.
The Contractor shall install the equipment and provide training to City personnel for proper operation and utilization. Necessary manuals are to be furnished with each piece of equipment.
The Contractor warrants that it complies with all federal immigration laws and regulations that relate to its employees and that it complies with A.R.S. § 23-214(A). The Contractor acknowledges that pursuant to A.R.S. § 41-4401, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract, and that the City retains the legal right to inspect the papers of any employee who works on the Contract to ensure compliance with this warranty.
Each offer shall include a complete statement of the training that shall be provided by the vendor for equipment supplied.
Samples of items, when requested, must be submitted within 72 hours. Unless otherwise specified by the City of Surprise Procurement Division, samples will be furnished, at no expense to the City. They must be identified as to supplier, manufacturer, part number, model number, type, grade, applicable stock number, etc. If not destroyed by testing, samples will be returned at vendor’s request and expense. If no instructions are received for their return, samples will be discarded 30 days after award date.
The Contractor hereby certifies that it does not, and will not, participate in during the term of this Contract, a boycott of Israel in accordance with A.R.S. §35-393.01. The Contractor hereby agrees to indemnify and hold harmless the City, its agents and employees from any claims or causes of action relating to the City’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the City in defending such an action.
The Contractor must at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with all rules, regulations, ordinances, statutes, or laws affecting the Services, including, without limitation, existing and future: (i) City and County ordinances and regulations, (ii) state and federal laws, and (iii) Occupational Safety and Health Administration standards. Further, where applicable, the Contractor shall comply with, and shall ensure that any person for whom the Contractor is responsible shall comply with, all laws regarding privacy of information, including, without limitation, compliance with the Health Insurance Portability and Accountability Act of 1996, as revised (“HIPAA”).
Samples of items, when requested, must be submitted within a reasonable period of time. Unless otherwise specified by the City of Surprise, Procurement Division, samples will be furnished, at no expense to the City. They must be identified as to supplier, manufacturer, part number, model number, type, grade, applicable stock number, etc. If not destroyed by testing, samples will be returned at vendor’s request and expense. If no instructions are received for their return, samples will be discarded thirty (30) calendar days after award date.
The Contractor will provide adequate, experienced personnel capable of and devoted to the successful completion of the Services within the term of this Contract.
The Contractor shall establish and maintain Identity Theft policies, procedures and controls for the purpose of assuring that “personal identifying information,” as defined by A.R.S. § 13-2001(10), as amended, contained in its records or obtained from the City or from others in carrying out its responsibilities under the Contract, is protected at all times and shall not be used by or disclosed to unauthorized persons. Persons requesting such information should be referred to the City. The Contractor also agrees that any “personal identifying information” shall not be disclosed other than to employees or officers of the Contractor as needed for the performance of its duties under the Contract. The Contractor agrees to maintain reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft. The Contractor is required under this Contract to review the City of Surprise’s Identity Theft Program and to report to the Program Administrator any Red Flags as defined within that program. At a minimum, the Contractor shall have all of the following Identity Theft procedures in place:
The Contractor must maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The City has no obligation to provide the Contractor, its employees, or subcontractors any business registrations or licenses required to perform the specific Services set forth in this Contract. The City has no obligation to provide tools, equipment, or material to the Contractor. The Contractor shall immediately notify the City of an administrative or disciplinary issues that it may have with any applicable licensing bodies and/or its licensure.
The Surprise Municipal Code requires that all persons conducting business in the City of Surprise must first obtain a license. This includes businesses within the Surprise city limits, or those outside the limits who conduct business or perform services within Surprise.
The Contractor must establish and maintain procedures and controls that are acceptable to the City for the purpose of ensuring that information contained in its records, on its servers or any cloud-based storage solution, or obtained from the City or from others in carrying out its obligations under this Contract will not be used or disclosed by the Contractor, its agents, officers, or employees, except as required to perform the Contractor’s duties under this Contract. Persons requesting such information should be referred to the City. The Contractor also agrees that any information pertaining to individual persons will not be divulged other than to employees, agents, or officers of the Contractor as needed for the performance of duties under this Contract. The Contractor understands and agrees that any and all customer information, meter reads, consumption history, and/or other data or information obtained by the Contractor in the performance of this Contract are the sole and exclusive property of the City. The City exclusively owns and controls said customer information, meter reads, consumption history, and/or other data or information, regardless of where or how the Contractor elects to collect or store said data or information.
Each party hereto shall bear its own costs, expenses, and attorneys' fees in connection with the negotiation, preparation, execution, delivery, performance, and/or on account of any breach or default of this Contract.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Request Public/Private Agencies, for which you have substantially completed similar work/services, to fill out a copy of the PPVF for three (3) similar projects/services. Provide this form to the Owner or Owner’s representative directly responsible for oversight of the project to complete and submit with your solicitation response. If the form is received after the date and time specified it will not be accepted. If your firm has completed previous similar work for the City of Surprise, it is recommended that you utilize this experience. If your firm has not completed prior projects with Surprise you will not be penalized.
By submitting a response to this solicitation, the authorized person(s) further certifies that the entity submitting a response to this solicitation IS NOT currently debarred, suspended, or proposed for debarment by any governmental entity. The undersigned agrees to notify the City of any change in this status, should one occur, before the time an award has been made under this Invitation for Bid.
Please download the below documents, complete, and upload.
A.R.S. § 41-4401 requires as a condition of your contract verification of compliance by the contractor and subcontractors with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S. §23-214 related to the immigration status of its employees.
By confirming the contractor attests that it and all subcontractors performing work under the cited contract meet all conditions contained in this Immigration Warranty.
I hereby attest that:
The contractor complies with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S. § 23-214 related to the immigration status of those employees performing work under this contract;
All subcontractors performing work under this contract comply with the Federal Immigration and Nationality Act (FINA), all other Federal immigration laws and regulations, and A.R.S. § 23-214 related to the immigration status of their employees.
I hereby certify that I am fully aware of Insurance Requirements contained in the Contract Documents for this solicitation and by the submission of this Offer I hereby assure the City that I am able to produce the insurance coverage required if I am awarded the Contract.
If I am awarded the Contract and then become unable to produce the insurance coverage specified within ten working days, I am fully aware and understand that this will make my submission nonresponsive and I will be disqualified for this project and future projects for the City of Surprise.
I hereby certify that I am fully aware of the requirements for a Performance Bond contained in this solicitation and by the submission of this Offer I hereby assure the City that I am able to produce the Performance Bond required if I am awarded the Contract.
If I am awarded the Contract and then become unable to produce the Performance Bond, I am fully aware and understand that this will make my submission nonresponsive and I will be disqualified for this project and future projects for the City of Surprise.
I hereby certify that I am fully aware of the requirements for a Payment Bond contained in this solicitation and by the submission of this Offer I hereby assure the City that I am able to produce the Payment Bond required if I am awarded the Contract.
If I am awarded the Contract and then become unable to produce the Payment Bond, I am fully aware and understand that this will make my submission nonresponsive and I will be disqualified for this project and future projects for the City of Surprise.
I hereby certify that I am fully aware of the requirements for a Fidelity Bond contained in this solicitation and by the submission of this Offer I hereby assure the City that I am able to produce the Fidelity Bond required if I am awarded the Contract.
If I am awarded the Contract and then become unable to produce the Fidelity Bond, I am fully aware and understand that this will make my submission nonresponsive and I will be disqualified for this project and future projects for the City of Surprise.
Bidders are to indicate below any exceptions they have taken to the Specifications. An Offeror that takes exceptions to a material requirement of any part of this solicitation, including Terms and Conditions, may be cause for rejection.
Does the Offeror have a current City of Surprise Business License?
Please upload any copies of your City of Surprise Business License if answered YES to question 8.
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise?
Attach copies of all required contractor’s licensures required to complete this project.
If you choose yes, please provide details and documentation of the certification
Does your firm meet the definition of a Local Vendor?
“Local Vendor” is defined as having its headquarters, distribution point or locally-owned franchise located within the city limits; City of Surprise business license; and pays City of Surprise TPT Tax. NO PREFERENCE WILL BE GIVEN TO LOCAL VENDORS.
The State of Arizona has enacted laws that prohibit the City from contracting with companies currently engaged in a boycott of Israel.
A.R.S. § 35-393.01 states:
35-393.01. Contracting; procurement; investment; prohibitions
To ensure compliance with A.R.S. §35-393.01, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of goods and services from Israel.
By submitting this response, Offeror agrees to indemnify and hold the City, its agents and employees, harmless from any claims or causes of action relating to the City’s action based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the City in defending such an action.
The State of Arizona has enacted laws that prohibit the acquisition or disposal of services, supplies, information technology, goods, or construction which utilize forced labor of ethnic Uyghurs.
A.R.S. § 35.394 states:
35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions
A. A public entity may not enter into or renew a contract with a company to acquire or dispose of services, supplies, information technology, goods or construction unless the contract includes a written certification that the company 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.
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.
B. If a company that has provided a written certification pursuant to subsection A of this section becomes aware during the term of the contract that the company is not in compliance with the written certification, the company shall notify the public entity within five business days after becoming aware of the noncompliance. If the company does not provide the public entity with a written certification that the company has remedied the noncompliance within one hundred eighty days after notifying the public entity of the noncompliance, the contract terminates, except that if the contract termination date occurs before the end of the remedy period, the contract terminates on the contract termination date.
C. This section does not apply to a contract entered into before the effective date of this section.
D. For the purposes of this section:
1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
2. "Public Entity" means this state, a political subdivision of this state or an agency, board, commission or department of this state or a political subdivision of this state.
Please download the below documents, complete, and upload.
Please upload a signed W-9 Form.
Provide a brief description of the type of commodity for this project.
Use the following format:
Playground Equipment
What are the two publication dates for this project?
Use the following format:
June 25, 2021 and June 26, 2021
Is this a Cooperative contract?
What is the timeframe that the offer in response to this Solicitation be valid and irrevocable after the bid opening?
Example: ninety (90)
Use this format:
One (1) year
What is the contract type for this project?
Please select one of the following for price adjustments for this project.
Please select the types of Bid Securities that are a requirement of this project.
Is there a response time requirement for a technician for maintenance on this project?
Whate are the number of business hours required for a technician to be available for this project?
If this is not a requirement for this project, please type "N/A".
What are the shipping terms for this project?
What is the number of delivery days once a Purchase Order has been received?
Which warranty applies for this project?
Please select one of the following options.
Requirements for samples provided
A brief solicitation description should be entered here
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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