Gopher Control - Abatement & Maintenance Services

The Town of Florence's Community Services Department (Parks and Recreation) is seeking qualified vendors to provide a response to this Invitation to Bid for gopher control maintenance & abatement services at five Town locations: Jason Lopez Memorial Park, Little League Park, Territory Square Multi-Purpose Field, Main Street Park and Grounds/Property adjacent to the Senior Center. The Town's intent is to award one contract

Background

The Town of Florence  offers several parks and athletic fields that host events year-round, supported by our dedicated Parks and Recreation team. Maintaining these shared spaces to a high standard is a top priority for our community

Project Details

• Reference ID: 26-078SC
• Department: Community Services - Parks and Recreation
• Department Head: Ray Hartzel (Superintendent)

Important Dates

• Questions Due: 2026-06-08T17:00:00.000Z
• Pre-Proposal Meeting: 2026-06-03T16:00:00.000Z — Town of Florence Community Center - Conference Room, located at 778 N Main St., Florence, Arizona 85132

Meetings & Milestones

Evaluation Criteria

• Cancellation —
  1. Cancellation for Bankruptcy or Acquisition. Town reserves the right to cancel, or suspend the use of, any Contract if Contractor files for bankruptcy protection, or is acquired by an independent third party.
  2. Cancellation for Conflict of Interest. Town may cancel the Contract pursuant to A.R.S. §38-511 for conflict of interest.
  3. Cancellation for Convenience. Town reserves the right to immediately cancel the Contract without penalty or recourse, in whole or in part, when Town determines cancellation to be in its best interest. Contractor shall be entitled to receive just and equitable compensation in accordance with applicable Contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation.
  4. Cancellation for Non-Performance or Contractor Deficiency. Town reserves the right to cancel the whole or any part of the Contract due to failure by Contractor to carry out any obligation, term, or condition of the Contract. Town may issue a written deficiency notice to Contractor for any of the following:
     1. Failing to comply with the accepted terms and conditions of the Contract;
     2. Providing material that does not meet the specifications of the Contract;
     3. Providing work and/or material that was not awarded under the Contract;
     4. Failing to adequately perform the services set forth in the scope of work/services and specifications;
     5. Failing to complete required work or furnish required materials within a reasonable amount of time;
     6. Failing to make progress in performance of the Contract and/or giving Town reason to believe that Contractor will not or cannot perform the requirements of the Contract;
     7. Performing work or providing services under the Contract prior to receiving a Town-reviewed purchase order for such work.
  5. Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Town to adequately address all issues of concern. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation, all goods, materials, and work paid for by Town, along with documents, data, and reports prepared by Contractor under the Contract shall become the property of Town.
  6. Cancellation for Replacement. Town reserves the right to cancel the Contract awarded under a Solicitation and replace it with a newer Contract awarded to the same Contractor for similar goods and services. Town may, at its option, replace the Contract awarded from the Solicitation or delay a new Award until the existing Contract expires. The decision to replace the Contract rests solely with Town.
  7. Continuation of Performance. Contractor shall continue to perform in accordance with the requirements of the Contract, up to the date of cancellation and as directed in the cancellation notice.
  8. Cancellation for Improper Conduct. Town may cancel the Contract if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any employee or official of Town with a view toward securing a contract or with respect to the performance of this Contract. Paying the expenses of normal business meals shall be in accordance with Town’s policy regarding gratuities. Samples of software, equipment, or hardware provided to Town for demonstration or evaluation are not considered gratuities.
  9. Cancellation by Contractor. Unless otherwise provided in the Special Requirements of Solicitation, if any, Contractor may cancel the Contract by delivery of prior written notice during the sixty (60) day period prior to an annual contract renewal. Termination shall have no effect on projects in progress at the time that a notice of cancellation is received by Town.
  10. Cancellation for Lack of Appropriation. Town may cancel the Contract if the budget at any time fails to appropriate funds necessary for the Town to perform the Contract.
• Contract Term —

  It is the intent of the Town to award a multi-term contract, beginning on the date of award and continuing for a period of two (2) years. If all conditions are met during this period, this contract can be extended, if funding is available, for up to three (3) additional one-year periods. 

• Members List —

  Follow this link for the S.A.V.E. Members list:

   

  https://www.mesaaz.gov/files/assets/public/v/5/business-development/procurement/save-member-agency-list.pdf

• Definitions —

  Standard definitions can be found referenced in the Town of Florence Procurement Policy, and will apply to the entire solicitation document.

• Federal Funding Requirements (As Applicable) —
  1. Affordable Care Act: The Offeror understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care and Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). The Offeror shall bear sole responsibility for providing health care benefits for its employees who provide services to the Town as required by State or Federal law.
  2. Buy American Provision: The Offeror will purchase, to the maximum extent practicable, domestic commodities or products in accordance with 7CFR§210.21(d) and 7CFR§220.16(d). The Offeror shall purchase, to the maximum extent practicable, domestic agricultural commodities or products substantially processed in the United States. “Substantially” means the final processed product contains over 51% domestically grown agricultural commodities. This provision applies to all food purchases paid from the nonprofit school food services account. There are limited exceptions to this provision which allow for the purchase of products not meeting the “domestic” standard as described above (“non-domestic”) in circumstances when use of domestic products is truly not practicable. However, before utilizing an exception, alternatives to purchasing non-domestic food products should be considered.
  3. Disclosure of Lobbying Activities: Pursuant to Byrd Anti-Lobbying Amendment 31 USC 1352, the Offeror must disclose lobbying activities in connection with school nutrition programs. If there are material changes after the initial filing, updated reports must be submitted on a quarterly basis. 7CFR§3018.100 (Only applies to contracts over $100,000)
  4. Certification Regarding Lobbying: Pursuant to 31 USC 1352, the Offeror must submit a certification regarding lobbying which conforms in substance with the language provided in CFR Part 200.450. No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative Agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions.
  5. Certificate of Independent Price Determination: The Offeror admits that all prices in this Offer have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or with any competitor certification regarding non-collusion.
  6. Civil Rights Compliance: In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
     1. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
     2. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found on line at www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.
  7. Clean Air Act, Clean Water Act, and Environmental Protection Agency Regulation: The Offeror will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations which prohibit the use, under nonexempt federal contracts, grants or loans to facilities included on the EPA List of Violating Facilities.
  8. Contract Work Hours and Safety Standard Act: The Offeror shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Only applies to contracts over $100,000)
  9. Debarment, Suspension, Ineligibility and Voluntary Exclusion: By signing the Offer & Acceptance form, the Offeror shall certify that they have not been debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under executive order 12549 and 12689. The Offeror shall comply with regulations implementing Office of Management and Budget Guidance in Non-procurement Debarment and Suspension codified at 2 CFR Part 180 and 2 CFR Part 417. These regulations restrict transactions with certain parties that are debarred, suspended or otherwise excluded from, or ineligible for, participation in Federal assistance programs or activities. (Only applies to contracts over $25,000)
  10. Energy Policy and Conservation Act: The Offeror shall meet the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act. (Pub. L. 94–163, 89 Stat.871.)
  11. Equal Employment Opportunity: The Offeror shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapters 60).
  12. Record Keeping: The books and records of the Offeror pertaining to operations under this Agreement shall be available to the District at any reasonable time. These records are subject to inspection or audit by representatives of the Town, State Agency, the US Department of Agriculture, and the US General Accounting Office at any reasonable time and place. The Town shall maintain such records, for a period of not less than five (5) years after the final day of the contract, or longer if required for audit resolution (A.R.S §35-214). 7CFR§210.23 and 2 CFR Part 200.318(i).
  13. Invoicing: The Offeror fully discloses all discounts, rebates, allowances and incentives received by the Offeror from its suppliers. If the Offeror receives a discount, rebate, allowance, or incentive from any supplier, the Offeror must disclose and return to the Town the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the Town. The Offeror must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. 7CFR§210.21(f)(1)(iv).
      No expenditure may be made from the nonprofit school food service account for any cost resulting from a cost-reimbursable contract that fails to include the requirements of 7CFR§210.21, nor may any expenditure be made from the nonprofit school food service account that permits or results in the Offeror receiving payments in excess of the Offeror’s actual, net allowable costs. 7CFR§210.21 (f)(2)
      The return of purchase incentives, discounts, rebates, and credits will be to the Sponsor’s non-profit Child Nutrition account.
  14. Termination Clause: The Town may terminate for cause and for convenience the contract. Appendix II to 2 CFR Part 200. (Only applies to contracts over $10,000)
  15. E-Verify Requirement: The Offeror warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. §23-214, Subsection A. (That subsection reads: After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.)
  16. Description of process for enabling vendors to receive or pick up orders upon contract award: Once the Town has made the decision to order from an awarded vendor of an awarded contract, price will be confirmed/verified and purchase orders issued and sent to vendor via automated process, based upon the needs of the Town. No volume is implied or guaranteed.
  17. Positive efforts shall be made to involve minority and small businesses.
  18. For building projects:
      1. Copeland “Anti-Kickback” Act - All contracts and sub grants in excess of $2000 for construction or repair awarded by recipients and sub recipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act.
      2. Davis-Bacon Act - The OFFEROR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5).
  19. Domestic Preference for Procurement: As appropriate and to the extent consistent with law, the Town, to the greatest extent practicable under a Federal award, prefers the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.
  20. Ban on Foreign Telecommunications: Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
  21. Solid Waste Disposal Act: The bidder shall comply with Section 6002 of the Solid Waste Act and its implementing regulations. The requirements of Section 6002 include (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery, and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
• Contract Administration —
  1. Records and Audit. Contractor shall retain and, by contract, shall require each subcontractor to retain all books, accounts, reports, files, and other records, whether in written or electronic form, relating to the acquisition and performance of the Contract (the “Records”) for a period of five (5) years after the completion of the Contract. At any time during the term of this Contract and five (5) years thereafter, the Records shall be subject to inspection and audit by Town at reasonable times. Upon request, Contractor shall produce a legible copy of any or all such Records.
  2. Compliance with Prior Certifications. Upon Award of a Contract, Contractor shall continue to fully comply with all certifications provided to Town.
  3. Inspection and Testing. Contractor agrees to permit access to its facilities, subcontractor facilities, and Contractor’s processes for producing the materials at a reasonable time for inspection of the materials and services covered under the Contract. Town shall also have the right to test at its own cost the materials to be supplied under the Contract. Inspection at Contractor’s facilities or testing shall not constitute final acceptance of the materials. If Town determines non-compliance of the materials, Contractor shall be responsible for the payment of all costs incurred by Town for testing and inspection.
  4. Notices. Notices to Contractor required by the Contract shall be made by Town to the person indicated on the Offer and Acceptance form submitted by Contractor. Notices to Town required by the Contract shall be made by Contractor to the Town Manager. The Town Manager and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice, and an Amendment to the Contract shall not be necessary.
  5. Property of Town. Any materials, including reports, computer programs, and other deliverables, created under the Contract shall be the sole property of Town. Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Contractor shall not use or release these materials without the prior written consent of Town.
  6. Advertising. Contractor shall not advertise or publish information for commercial benefit concerning the Contract or its working relationship with Town without prior written approval of the Town Manager.
• Scope of Work —

  Vendors to perform gopher control maintenance & abatement services, including but not limited to:

  1. Gopher control strategies as agreed to by the Town. 
  2. The gopher control method should be accomplished using bait. 
  3. Bombing, gas, and trapping are not acceptable.
  4. Coordinate work schedule with Parks Superintendent.
  5. All labor and materials will be supplied by Contractor.
  6. The awarded contractor is responsible for all project safety, safety materials, and safety equipment.

  These services are anticipated to be one (1) time per week for twelve (12) months anywhere on Town property where it is necessary, with particular attention paid to the following locations:

  • Jason Lopez Memorial Park at 600 N. Main St., Florence, AZ 85132;
  • Little League Park at 200 E. 8th St., Florence, AZ 85132;
  • Territory Square Multi-Purpose Field at 174 W. 1st St., Florence, AZ 85132
  • Grounds/Property of the Senior Center at 330 N. Pinal St., Florence, AZ 85132
  • Main Street Park at  700 S Main St, Florence, AZ 85132 

  A map highlighting the locations is included as Attachment A.

  3.2. Pricing

  Pricing shall be all inclusive (including all labor, material, overhead, profit, taxes) of everything required to perform the services as outlined in the Scope of Work. Prices submitted shall be considered to have included all local, state and federal taxes. The Town shall incur no obligations regarding payment of any amount until the contract has been executed by both the Town and the Proposer and the work has been performed, inspected and tested in place, and properly billed in accordance with the contract documents.

   

  3.3 Invoicing

  • No work shall be started without a Town of Florence Purchase Order (PO)
  • All invoices must be sent to PO Box 2670, Florence, Arizona 85132 or Via email to accountspayable@florenceaz.gov
  • All invoices must include the Purchase Order No. 
  • The Town of Florence reserves the right to request supporting documentation for billed amounts.

   

   

• Expected Award Timeframe —

  It is expected that the award for this contract will be made in ninety (90) days. However, no commitment is made to this award date.

• Contract Award —

  A contract under this bid will be awarded to a single vendor. The award will be limited to the least number of offerors that the Town determines is necessary to meet the needs of the Town.

• Inquiries —
  1. Duty to Examine. It is the responsibility of each Bidder or Offeror to examine the entire solicitation, seek clarification in writing (inquiries), and examine its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for modifying or withdrawing the offer after the due date and time, nor shall it give rise to any contract claim.
  2. Solicitation Contact Person. Any inquiry related to a solicitation, including any requests for or inquiries regarding standards referenced in the solicitation, shall be directed solely to the Procurement Officer. The Offeror shall not contact or direct inquiries to any other personnel other than the Procurement Officer concerning the solicitation while in progress, through and including award.
  3. Submission of Inquiries. Questions shall be submitted, via OpenGov, on or before the question due date on the solicitation cover sheet. Failure to do so may result in the inquiry not being answered. Answers to questions will be posted as an addendum in OpenGov. Registered suppliers will be notified when the addendum has been posted. Any correspondence related to a solicitation should refer to the appropriate solicitation number, page, and paragraph.
  4. Verbal or Email Responses. Do not rely on verbal or email responses to inquiries as those do not constitute a modification of the solicitation. Only a solicitation addendum issued by the Procurement Officer in OpenGov can modify the solicitation.
  5. Pre-Offer Conference. If a Pre-Offer Conference has been scheduled under the solicitation, the date, time, and location shall appear on the solicitation cover sheet or elsewhere in the solicitation. A Bidder or Offeror should raise any questions it may have about the solicitation at the conference.
     Persons with a disability may request a reasonable accommodation by contacting the Procurement Officer. Requests should be made as early as possible to allow time to arrange for the accommodation.
     Verbal responses to questions raised at the conference shall not amend the solicitation. If an issue is raised at the conference that results in a decision by Town to amend the solicitation, the solicitation may be amended only by issuance of a written Solicitation Addendum. A Bidder or Offeror may not rely on any verbal responses to questions at the conference.
  6. Periods of Time. Periods of time, stated as number of days, shall be calendar days.
  7. Use of Artificial Intelligence in Bid Clarifications. Vendors are permitted to use Artificial Intelligence (AI) tools to assist in reviewing bid documents; however, all clarification requests or questions submitted to the Town of Florence must be the result of vendor review and must reflect the vendor's own understanding of the solicitation.

     The Town of Florence will not respond to questions that appear to be generated solely by AI tools without context, relevance, or proper review by the vendor. Such submissions may be considered non-responsive. Vendors are responsible for the accuracy, clarity, and appropriateness of any questions submitted. Misuse of AI tools resulting in irrelevant, excessive, or incoherent clarification requests may be grounds for disqualification or rejection of the bid.

• Contract Amendments —
  1. Amendments. The Contract may be modified only through a Contract Amendment within the scope of the Contract. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by Contractor are violations of the Contract. Such changes, including unauthorized written Contract Amendments, shall be void and without effect.
  2. Subcontracts. Contractor shall not enter into any Subcontract, under the Contract, with any other party to furnish any of the material, service, or construction specified herein without the advance written approval of the Town Manager. The Subcontract shall require the subcontractor to comply with the terms and conditions of the Contract. The Contractor is responsible for contract performance whether or not Subcontractors are used.
  3. Assignment and Delegation. Contractor shall not assign any right nor delegate any duty under the Contract without the prior written approval of the Town Manager.
• Contract Claims —

  All claims and controversies under the Contract shall be resolved according to the Town of Florence Procurement Policy.

• Contract Timeline, Schedule and Construction Estimate
• Tax (MRRA / TPT (PRIME)) —

  “MRRA Tax” means Maintenance, Repair, Replacement and Alteration. Contractors who are engaged by the owners of real property to maintain, repair, replace or alter their property are required to pay all state and local taxes when purchasing material that will be incorporated into an MRRA project when the project is for Maintenance, is a Repair, of a Replacement regardless of the cost, or if it is an Alternation AND base bid is less than $750,000, as outlined by the Arizona Department of Revenue.

  “TPT Contract Tax”, aka Prime tax: If the construction is new space, demo, grading regardless of the cost, or if it is alternations and the Contractor’s base bid is greater than $750,000, then TPT (Prime) Contract Tax applies to the project and is governed by those rules and law set forth by the State of Arizona.

  Maintenance, Repair, Replacement and Alteration (MRRA) Projects or TPT (Prime) Contracting Tax

  Contractors who are engaged by the owners of real property to maintain, repair, replace or alter their property are required to pay all state and local taxes when purchasing material that will be incorporated into an MRRA project. When the project is for alternations AND the base bid is less than $750,000 it is also MRRA, as outlined by the Arizona Depart of Revenue. If the project is for alternations AND the base bid is greater than $750,000, then TPT Contract Tax applies to the project and is governed by those rules and law set forth by the State of Arizona. All new space is TPT regardless of the dollar amount.

• Contract Interpretation —
  1. Governing Law. The Contract is governed by Arizona law, including the Town of Florence Procurement Code.
  2. Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Town, the following order of precedence shall prevail
     1. Contract Amendments
     2. Contract
     3. Contract Exhibit(s) - Scope of Work, Pricing documents, Proposal documents
     4. Other Contract Exhibits - Attachments, Specifications
     5. Original Solicitation documents
        In the event of a conflict between provisions in two or more of the foregoing documents, the document having a higher order of precedence will prevail over the other document or documents with conflicting provisions, as long as all such documents are not in conflict with the solicitation documents and the Town's Deviation form has been filed.
  3. Severability. The provisions of the Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.
  4. No Parole Evidence. The Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in the Contract.
  5. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing to the nonconforming performance knows of the nature of the performance and fails to object to it.
• Contractual Remedies —
  1. Right to Assurance. If Town in good faith has reason to believe that Contractor does not intend to, or is unable to perform or continue performing the Contract, Town may demand in writing that Contractor give a written assurance of intent or ability to perform. Failure by Contractor to provide written assurance within the number of days specified in the demand will be treated as an anticipatory breach of the Contract. Upon anticipatory breach, Town may pursue all remedies, including termination of the Contract.
  2. Stop Work Order. Town may, at any time, by written order to Contractor, require Contractor to stop all or any part, of the work called for by the Contract for a period of up to ninety (90) days after the order is delivered to Contractor, and for any further period to which the parties may agree. Upon receipt of the order, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.
     If a stop work order issued under this clause is canceled or the period of the order or any extension expires, Contractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing accordingly.
  3. Nonconforming Tender. Products and materials supplied under the Contract shall fully comply with the Contract. The delivery of products and materials or a portion thereof in an installment that do not fully comply with the Contract constitutes a breach of contract. On delivery of nonconforming materials, Town may terminate the Contract or pursue any other right or remedy available to it.
  4. Right to Offset. Town shall be entitled to offset against any sums due Contractor, any expenses, costs or damages incurred by Town as a result of Contractor’s nonconforming performance or failure to perform the Contract.
  5. Non-Exclusive Remedies. The rights and the remedies of the parties under the Contract are not exclusive.
• Bid Bond —

  A surety bond, provided from a surety company licensed by the State of Arizona, payable to Town of Florence for ten percent (10%) of the amount of the bid must be uploaded to OpenGov in the Questionnaire section as a guarantee that the Contractor will enter into a contract to perform the bid in accordance with the plans and specifications or as liquidated damages in the event of failure or refusal of the Contractor to enter into the contract. The low vendor will be required to mail, or hand deliver the original bid bond to the Procurement Officer within forty-eight (48) hours of the bid submittal due date. The original bond will be returned to the successful bidder upon the execution of satisfactory performance, payment bond, and contract, as prescribed by Arizona Revised Statutes. The bid will not be considered valid if the required original bid bond is not received by the Procurement Officer in forty-eight (48) hours. Cost of bid bond must be included in bid price.

  If the submitting vendor is providing a certified or cashier’s check this must be submitted and received by the Procurement Officer prior to the bid opening.

• Federal and State Requirements —
  1. E-Verification. Contractor agrees to comply and maintain compliance with A.R.S. §41-4401, and A.R.S. §23-214, which requires compliance of federal immigration laws by employers, contractors, and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
  2. Non-Discrimination. Contractor shall comply with all applicable state executive orders and federal and state laws, rules and regulations that protect persons from illegal discrimination on the basis of race, color, religion, national origin, sex, disability, and age.
  3. Offshore Performance of Work Prohibited. Due to security and identity protection concerns, direct services under the Contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work/services that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services, or services that are incidental to the performance of the Contract. This provision applies to work performed by subcontractors.
  4. Terrorism Country Divestments. In accordance with A.R.S. §35-392, Town is prohibited from purchasing from a company that is in violation of the Export Administration Act.
• Offer Preparation —
  1. Online Documents. The solicitation documents are only provided online in OpenGov. The Town will not provide or accept any printed copies or other formats. An electronic offer shall be submitted either on the forms provided in the solicitation, or their substantial equivalent. Any substitute document for the forms provided in the solicitation must be legible and contain the same information requested on the form. A facsimile, physical mail, or email offer shall be rejected.
  2. Value Add Products or Services. Bidders or Offerors are strongly encouraged to offer innovative and value-add products and/or services which are not specifically addressed as line items in the solicitation. Pricing offered should be noted on the pricing pages of the Offeror response in the format requested.
  3. Deviations and Changes in Offer. Any unidentified alteration or modification to any Solicitation documents shall be null and void. Only modifications made through the use of the Deviation/Conformance form will be considered by the Town. Modifications are not permitted after offers have been opened except as permitted as part of contract negotiations.
  4. Offer and Acceptance. The Offer and Acceptance form within the Solicitation must be submitted with the offer and signed by authorized representative of the Bidder or Offeror. The signature shall signify the Bidder’s or Offeror’s intent to be bound by the offer and the terms of the Solicitation and that the information provided is true, accurate, and complete. Failure to submit verifiable evidence of intent to be bound, such as a signature, may result in rejection of the offer.
  5. Subcontractors. A Bidder or Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the offer.
  6. Cost of Offer Preparation. The Town will not reimburse a Bidder or Offeror for any cost associated with responding to a solicitation.
  7. Solicitation Addendum. Unless otherwise stated in the Solicitation, each Solicitation Addendum shall be acknowledged electronically by the person acknowledging the Offer, and shall be submitted no later than the Offer Deadline. Failure to acknowledge a Solicitation Addendum will result in non-submission of offer.
  8. Taxes. Prices stated in a solicitation shall not include applicable state and local taxes. Taxes shall be identified as separate items by amount or by rate, as applicable, in the offer. Town is not exempt from state and local transaction privilege (sales) taxes. The amount of any applicable transaction privilege or use tax of a political subdivision of the State is not a factor in determining the lowest Bidder/Offeror.
  9. Offer Acceptance Period. The Bidder or Offeror shall hold its offer open for ninety (90) days after the Submission Deadline stated in the solicitation.
  10. Confidential Information.
      1. Request for Confidentiality. If a Bidder or Offeror believes that its offer contains confidential trade secrets or other proprietary information that should not be disclosed, the Bidder or Offeror may submit to the Finance Director and the Procurement Officer a statement or response that identifies the specific information and explains why it should be protected from disclosure. All information proposed for protection from disclosure shall be so identified wherever it appears in the offer. The Finance Director, Town Attorney, and Town Clerk shall review the statement and provide the determinations in writing whether the information shall be protected. If it is determined that the information shall be protected from disclosure, the Town shall inform the Bidder or Offeror in writing of such determination. Requests to protect pricing information or the entire offer from disclosure will be denied.
      2. Public Record. All contents of an offer submitted in response to a solicitation will become the property of the Town and shall become a matter of public record available for review, after award notification, and in accordance with the Town's Purchasing Policy and Arizona Public Records laws.
  11. Shipping/Delivery. Terms and conditions relating to shipping and delivery are “FOB Destination, Freight Prepaid and Allowed.” The shipping and delivery terms are further described in the General Terms and Conditions of Contract and are subject to modification in the Special Requirements of Solicitation, if any, for this Solicitation.
• Performance and Payment Bond/Bid Security —

  Pursuant to the Town of Florence Procurement Policy, the Town requires the following for the Solicitation:

  • A Bidder must provide acceptable bid security for the full stated in the Offer. Acceptable bid security is a certified or cashier’s check or an annual or one-time bid bond issued by a security company authorized to do business in the State and in the amount of the full price stated in the Offer. An Offer submitted without acceptable bid security is nonresponsive.

  • Upon award of Contract, Contractor must provide to Town acceptable performance and payment bonds for the full price of the Contract, including sales tax, from a surety company authorized to do business in the State. Personal surety bonds are not acceptable. The required bonds must be provided to Town within ten (10) days after Town issues the Acceptance of Offer and Award of Contract to Contractor. If acceptable bonds are not provided within the ten (10) day period, Town may cancel the award of Contract and enforce the bid security. No purchase order shall be issued, no work shall begin, and no payment will be made until acceptable performance and payment bonds are delivered to Town.

• Liquidated Damages —

  Contractor shall be liable for and shall pay Town the sum of $1,000 per day as liquidated damages, and not as a penalty, for each calendar day of delay after the date specified in the Solicitation or any extension thereof granted by Town for completion of work until the work is complete. Contractor shall pay liquidated damages to Town without limiting Town’s right to terminate the Contract for default as provided elsewhere herein. Town shall grant an extension for completion of work if the work is delayed for an unforeseeable cause beyond the control and without fault of Contractor and Contractor notifies Town immediately in writing of the cause of the delay and provides sufficient information for Town to determine whether an extension is justified. The Town shall determine whether an extension is justified in its sole discretion.

• Survey Results —

  Results

• Insurance and Safety —

  The Contractor shall provide certificates and endorsements for all policies, except Worker's Compensation, that Town of Florence and its officials, employees, and agents are named as Additional Insureds.

  1. Contractor’s Obligation: Contractor shall secure and maintain, at his or her own expense, until completion of the contract, general liability and property insurance as shall protect Contractor and the Town from claims for bodily injury, personal injury, and property damage which may arise because of the nature of the work or from operations under this contract. The Contractor’s insurance coverage shall be primary insurance with respect to all other available sources.
  2. General Liability Coverage: Contractor shall have general liability coverage on a per project basis, per occurrence, and in comprehensive form. General liability coverage shall include Products/Completed Operations, Explosion, Underground and Collapse Hazard, Premises, Operations, Contractual, Independent Contractors, Broad Form Property Damage and Personal Injury.
  3. Coverage Amounts: Contractor shall provide general liability and excess general liability coverage in the following amounts, at a minimum:
     1. Employer’s Liability $500,000-$1,000,000
     2. Contractors General Liability
        1. General Aggregate $2,000,000
        2. Products – Completed Operations Aggregate $2,000,000
        3. Personal and Advertising Injury $2,000,000
        4. Each Occurrence (Bodily Injury and Property Damage) $2,000,000
        5. Excess or Umbrella Liability
           1. General Aggregate per job $3,000,000
              1. Per policy year $5,000,000
           2. Each Occurrence per job $3,000,000
              1. Per policy year $5,000,000
     3. Automobile Liability
        1. Bodily Injury:
           1. Each Person $1,000,000
           2. Each Accident $1,000,000
        2. Property Damage
           1. Each Accident $1,000,000
        3. Combined Single Limit $1,000,000
     4. Contractual Liability
        1. Bodily Injury:
           1. Each Accident $2,000,000
           2. Annual Aggregate $2,000,000
        2. Property Damage:
           1. Each Accident $2,000,000
           2. Annual Aggregate $2,000,000
     5. Worker's Compensation
        1. Bodily Injury by Accident each accident $1,000,000
        2. Bodily Injury by Disease each employee $1,000,000
        3. Bodily Injury by Disease policy limit $1,000,000
• Licenses —

  Contractor shall maintain in current status all federal, state, and local licenses, bonds, and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Town reserves the right to stop work and/or cancel the contract of any Contractor whose license(s) expire, lapse, are suspended, or are terminated.

  A Town of Florence Business License is required for Vendors. Applications for Business Licenses can be found here or on the Town website at www.florenceaz.gov.

• Submission of Offer —
  1. Electronic Submittal. Offers will only be accepted online through the Town's OpenGov portal at https://procurement.opengov.com/portal/florenceaz. The Town will not consider an offer submitted by any other method other than through OpenGov, and it will be deemed void upon submission.
  2. Late Offers. Late offers will not be considered. An offer submitted after the Submittal Deadline shall be rejected.
  3. Offer Amendment or Withdrawal. The Bidder or Offeror may withdraw an offer any time prior to the Offer Deadline. The offer may not be amended or withdrawn after the Offer Deadline, except as otherwise provided under applicable law.
  4. Certifications of Bidder or Offeror. By signing the Offer Form, the Bidder or Offeror certifies the following:
     1. The Bidder or Offeror has examined, understands and conforms to the terms, conditions, scope of work/services and specifications, and other documents in the Solicitation. All previous agreements, contracts, or other documents, which have been executed between the Proposer and the Town, are not applicable to this solicitation or any resultant contract.
     2. The offer is genuine and not made in the interest of, or on behalf of, any persons not herein named. The Bidder or Offeror, including its owners, employees, and agents, have not directly or indirectly induced or solicited:
        1. a Bidder to put in a sham offer;
        2. any other person, firm or corporation to refrain from submitting an offer; or
        3. in any other manner sought to secure for itself an advantage over any other Bidder or Offeror or to produce a deceptive show of competition in the matter of the offer or award of a contract under the solicitation.
     3. The Bidder or Offeror has not given, has not offered to give, or does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a Town official or employee in connection with the submitted offer.
     4. The Bidder or Offeror, including its owners, employees, and agents directly involved in obtaining contracts with the State of Arizona, or any subdivision of the state has not been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985.
     5. The Bidder or Offeror is not currently suspended, debarred, or otherwise precluded from participating in any public procurement activity with any federal, state, or local government entity.
     6. If awarded a Contract, the Bidder or Offeror shall provide the equipment, commodities, and/or services in accordance with the terms, conditions, scope of work/services, specifications, and other documents of the Solicitation.
• Subcontractors —

  Each bidder shall submit with the bid, a complete list of all Subcontractors the bidder proposes to use, if applicable. Failure to submit a Subcontractor's list may constitute sufficient grounds on which to reject the bid.

  It is the responsibility of the bidder to insure Town of Florence that all Subcontractors hold a valid commercial license and are bonded through the State of Arizona Registrar of Contractors. Only Subcontractors who are properly licensed and bonded for performance and labor and materials payment for this work shall be retained by the Contractor. The bidder shall supply proof of certification, as stated in this Request for Proposal, for any Subcontractors they may retain. This shall be a minimum requirement in evaluating the acceptability of a Subcontractor. The Town of Florence reserves the right to reject proposed Subcontractors. All Subcontractors must be approved by the Town prior to start of work.

  It is the responsibility of the bidder to ascertain that all Subcontractors are properly insured prior to commencing work on Town property.

  Verification that the Subcontractors are properly licensed through the State of Arizona will be done prior to making a recommendation to the governing board.

  If a Subcontractor fails to fulfill the responsibilities as set forth by the General Contractor, the General Contractor will then be allowed up to, and including, five (5) calendar days to replace the vacancy resulting from the non-responsive Subcontractor. This vacancy is to be filled by another Subcontractor who is properly insured and licensed and bonded by the State of Arizona Registrar of Contractors. It is the responsibility of the General Contractor to advise the Town that a Subcontractor has been replaced by another qualifying Subcontractor.

  The contract sum shall not be increased by the difference in cost occasioned by such substitution. If the Contractor refuses to provide an acceptable substitution at the same contract sum, this bid shall be rejected and the next lowest bidder will be considered, the previous low bidder being in default on his bid and no longer eligible for consideration. The rejected bidder's Bid Bond shall, at the Town's discretion be subject to forfeiture.

• Payment —
  1. Contractor Invoice. Contractor shall invoice Town after delivery of goods and/or services. All invoices shall list the specific items being billed and the purchase order number. Taxes shall be listed separately from the item cost. Contractor shall send invoices to Town’s Accounts Payable Department via email at accountspayable@florenceaz.gov. Do not email and mail invoices or duplication issues may arise, possibly delaying the payment process. All transactions are payable in U.S. currency only.
  2. Contractor Payment. Town shall issue payment to Contractor after receipt of invoice. Payment terms are net thirty (30) days from receipt of Contractor’s invoice.
  3. IRS W-9. Contractor shall have a current I.R.S. W-9 Form on file with Town to receive payment under the Contract.
  4. Correct Billing. Contract products/services may not be invoiced greater than the purchase order. If incorrect invoices are discovered, Contractor must correct invoices resulting in excess charges, no matter the cause of the error or the delay in noticing error. Any excess payment must be returned to Town within the time allowed by law, in the form of a check or credit memo, as determined by Town.
  5. Progress Payments. Town may make progress payments under the following conditions: 1) Town and Contractor agree to the terms of the progress payments prior to issuing a purchase order; 2) the purchase order describes the amounts/percentages to be paid and the dates/frequency of payment; 3) Town accepts responsibility for verifying the validity of each payment application; 4) payments are made only after goods and/or services are verified; and 5) any such payments must be made in full compliance with Town’s local governing entity rules and any and all other applicable state rules and regulations.
• Extra Work —

  The Contractor shall perform such extra work and charge the owner at actual cost of labor and materials.

  The contractor shall have the right to add not more than 10% to the subcontractor’s prices for authorized extra work performed solely by the subcontractor’s. Such percentage shall include all of the contractor’s charges for overhead, profit, administration and supervision. A 10% mark-up for overhead, profit, administration and supervision may be added to the contractor’s cost of labor and materials for extra work authorized to be done by their own forces. The subcontractor’s maximum allowable additions for overhead, profit, administration and supervision shall not exceed 10% of cost of labor and materials. The contractor and subcontractors will not be allowed any additional compensation beyond the allowable markups for overhead, profit, administration and supervision as noted above. Note: Any additional work must have prior written approval by the Town, before the contractor proceeds with work.

• Additional Offer Information —
  1. Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall prevail.
  2. Confirmation. Town may contact the Bidder or Offeror to confirm its understanding of the offer. Such contact shall occur after the Offer Deadline and prior to Award. Town shall seek written confirmation from the Bidder or Offeror and shall retain the request and confirmation, if obtained, in the procurement file.
  3. Right to Reject Proposals. Notwithstanding any other provision of the solicitation, Town may waive any minor informality, reject any and all offers or portions thereof, cancel, reissue, or exercise any other rights available to the Town under the terms of the Solicitaion, the Town Code, or other applicable law or to withhold the award of the Solicitation for any reason the Town determines.
• Award —
  1. Basis of Award. An Award will be made to the Responsible Bidder or Offeror whose Offer is determined to be:
     1. For an Invitation for Bid, the lowest responsible and responsive Bid or Bids that conform in all material respects to the requirements of the Solicitation and evaluation factors, if any, set forth.
        If a Bidder is awarded a Contract and is unable to meet its contractual obligations, Town may cancel the Contract and award a Contract to the next lowest ranked Bidder if this determination occurs within a reasonable time period after the original Contract Award.
     2. For a Request for Proposal, the Proposal or Proposals that are determined in writing to be the most advantageous to Town based on the requirements of the Solicitation and evaluation factors set forth.
        Town will evaluate and determine which Proposals are acceptable and unacceptable for further consideration. If determined to be in the best interest of Town, Town may request interviews with the Offerors determined to be most likely to meet the requirements to discuss cost and/or other portions of the Proposal.
        No requirement or factor may be used in the evaluation of offers that is not set forth in the Solicitation. The amount of any applicable transaction privilege or use tax of a political subdivision of the State shall not be a factor in determining the lowest Bid or most advantageous Proposal.
  2. Multiple Awards. Town may award multiple contracts from the Solicitation. The decision to award a single contract, award multiple contracts, or make no award rests solely with Town. A multiple award shall be made only if the Town Representative determines in writing, prior to making an award, that a multiple award is necessary and is advantageous to Town.
     In determining whether to award multiple contracts, Town will assess whether multiple vendors are necessary and advantageous to ensure the availability of goods or services that fully conform to Town’s requirements at the time, place and manner needed by Town. If Town determines that multiple contracts are necessary and advantageous, Town will determine the least number of Contractors that are needed and award Contracts to, if an Invitation to Bid, the Bidders who submitted the lowest responsible and responsive Bids; and, if a Request for Proposal, the Offerors who submitted the most advantageous Proposals to Town.
     When determining whether to award multiple contracts, Town may consider a variety of factors, including without limitation: Town’s experience with existing products and systems, brand continuity for parts replacement, increased demand for goods or services, a single Contractor’s ability to provide for Town’s needs, bonding capacity, Contractor’s location and service areas, Town’s past experience with Contracts for similar products/services, and other relevant criteria, including the criteria set forth in the Town's Procurement Code.
  3. Formation of Contract. A response to the Solicitation is an offer to contract with Town based upon the terms, conditions, scope of work/services, and specifications contained in the Solicitation. No work may commence or products be delivered until Town has issued a Purchase Order to Contractor. (Unless authorized under Town Procurement Code, Section 3-108 Exempt Procurements.)
• Final Acceptance —

  Upon completion, the Contractor shall schedule a joint inspection of the completed work for final acceptance. All punch list items generated during the joint inspection shall be completed to the satisfaction of the Town before the final payment will be released.

• Price and Product Changes —
  1. Current Products. Contracts shall be for materials and equipment in current production and marketed to the general public and government agencies at the time the Bid is submitted.
  2. Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may request to replace the discontinued product with an acceptable alternate. Town may require satisfactory evidence that the product has been discontinued, that the proposed alternate meets or exceeds the Contract specifications, and that the price of the proposed alternate is equal to or less than that of the discontinued product. Town, in its sole discretion, may approve the request by issuing notice to the Contractor or a Contract amendment. Upon approval by Town, Contractor shall make available electronic price lists/catalog updates at no additional cost to Town.
  3. Price Adjustments.
     1. Price Increases. Prices shall be firm for the initial term of the Contract. Contractor may submit to the Procurement Officer a fully documented request for a price increase not more than 90 days and not less than 60 days prior to the renewal date of the Contract. A price increase adjustment shall only be considered at the time of a Contract extension and shall be a factor in the extension review process.
        The Finance Director shall determine whether the requested price increase or any other option is in the best interest of Town. The Finance Director may require satisfactory evidence that manufacturers, suppliers, or service providers to Contractor have imposed or announced cost increases that contribute directly and substantially to Contractor’s cost of doing business. A price increase, if approved, shall be effective upon the effective date of the Contract extension.
     2. Price Decreases. During the term of the Contract, Contractor shall offer to Town an equivalent price reduction for any Contract product if Contractor publishes a price reduction for the Contract product for other customers of Contractor. Town may accept a price reduction at its discretion.
• Final Payment —

  Before the final payment will be released the Contractor must complete the following:

  1. All punch list items generated during the final joint inspection shall be completed to the satisfaction of the Town.

  2. Contractor to provide onsite training for maintenance personnel as per Town project manager’s direction.

  3. The Contractor shall have delivered all required submittals and shop drawings to the Town.

  4. Project Record Documents

  A. As the work progresses, the Contractor shall maintain a complete and accurate record of changes or deviations from the Contract Documents and Shop Drawings, indicating the Work as actually installed. Record information in the appropriate locations on a record set of prints of the Drawings and Shop Drawings and a copy of the Specifications which are maintained solely for the purpose of this documentation. Keep this record set of Contract Documents and Shop Drawings at the project site for review by the Town and Architect. Information contained in the record documents shall include, but not be limited to:

  a. Modifications made by Addenda, Change Orders, Construction Changes Directives and Architect’s Supplemental Instructions which shall be transferred to the record documents.

  b. Modifications made to accommodate field conditions.

  B. Upon Substantial Completion of Work, deliver a complete set of Record Documents including prints, shop drawings and annotated Specifications. Additionally, provide three (3) sets of electronic copies on a USB of each of the previously mentioned documents to the Architect for Approval.

  C. Owner’s Manual: Prior to final payment, submit three (3) sets of electronic copies on a USB containing the following required submittals and any others required in other sections, suitably typed, indexed and labeled for ready reference:

  a. Subcontractors, major suppliers list with companies’ names, addresses and telephone numbers.

  b. Warranties and certifications.

  c. Affidavit from general and Subcontractors on use of asbestos free materials.

  d. Maintenance/operation instructions and parts list (other than Divisions 15 and 16).

  e. Copy of project Purchase Order.

  f. Copy of all submittals and shop drawings.

  g. Copy of Contractor's last pay application.

  h. List of Extra Materials supplied to Town, signed by Town’s representative.

  i. Other items required by the Specifications.

• Protests —

  Any protest must comply with and be resolved according to the Town's Procurement Policy. The Finance Director will consider protests regarding the Town’s procurement actions for Town of Florence projects in accordance with the following procedures. All protests will be evaluated and finally decided by the Finance Director. The Town’s primary concern is the timely procurement of needed capital equipment, goods or services. The Town will not allow the filing of a protest to unnecessarily delay the procurement process, especially if the protest involved is vexatious or frivolous in nature.

  Any aggrieved party may file a protest on the basis that the Town has failed to comply with applicable Federal or State law or the local regulations. The protest must include all of the following:

  1. The name, mailing address, email address and telephone number of the protestor. 
  2. The number of the solicitation.
  3. All information establishing that the protestor is an aggrieved party.
  4. A written statement of the grounds for the protest and in particular the Federal, State or local regulation alleged to have been violated. This statement should be accompanied by any relevant supporting documents. 
  5. All information establishing timeliness of the protest. 
  6. The course of action the protestor desires the Finance Director to take. 
  7. The signature of the protestor on the written protest.

  A protest is deemed filed when physically received by the Finance Director, or Procurement Officer, and the Town Clerk, or designee.

  The Town will consider these types of protests:

  1. Protest regarding solicitation (Pre-Bid Protest): A protest of a solicitation shall be filed in the Town’s Finance Office and Town Clerk’s Office no later than 5 working days before opening of bids (if bid) or the due date for submittals or proposals (if RFP or RFQ), as applicable. Any protest filed after that date will not be considered.
  2. Protest regarding evaluation of bids, qualifications or proposals (Pre-Award Protest): Any protest regarding the evaluation of bids, qualifications or proposals shall be filed in the Town’s Finance Office and Town Clerk’s Office no later than 5 working days after the opening of bids (if bid) or due date (if RFP or RFQ). Any protest filed after that date will not be considered.
  3. Protest regarding award (Post-Award Protest): Any protest regarding the award of the contract must be filed no later than 5 working days after the date of award. Any protest regarding the award filed after such date will not be considered.

  If the protest does not comply with the time or content requirements, the Finance Director may, at her option, reject the protest or allow the protestor a reasonable time to remedy the deficiencies of the protest. The Finance Director shall not be obligated to postpone contract awards to allow a protestor an opportunity to correct a deficient or untimely protest, unless otherwise required by law.

• Relationship of Parties —
  1. Independent Contractor. Contractor is an independent contractor to Town.
  2. No Contractual Relationship with Subcontractor. Town shall have no contractual relationship with a subcontractor.
  3. Affordable Care Act. Contractor understands and agrees that it shall be solely responsible for its compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). Contractor shall bear sole responsibility for providing health care benefits for its employees who provide services to Town as required by state or federal law.
• Risk and Liability —
  1. Risk of Loss. Contractor shall bear all loss of conforming material covered under the Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt of goods or services does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with Contractor regardless of receipt.
  2. General Indemnification. Contractor shall indemnify, defend, save, and hold harmless Town Manager, Mayor, and its Town Council members, employees, and agents (hereinafter referred to collectively as “Town”) 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 collectively as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful 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 Worker's 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 Town shall, in all instances except for Claims arising solely from the negligent or willful acts or omissions of Town, 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 the Contract, Contractor agrees to waive all rights of subrogation against Town for losses arising from the work performed by Contractor for Town.
  3. Indemnification – Patent and Copyright. To the extent permitted by law, Contractor shall defend, indemnify, and hold harmless Town against any liability, including costs and expenses, for infringement of any patent, trademark, or copyright arising out of Contract performance or use by Town of materials furnished or work performed under the Contract. Town shall reasonably notify Contractor of any claim for which it may be liable under this paragraph.
  4. Third Party Antitrust Violations. Contractor assigns to Town any claim for overcharges resulting from antitrust violation to the extent that those violations concern materials or services supplied by third parties to Contractor toward fulfillment of the Contract.
• Alternate Product —

  A Bidder/Offeror may submit an alternate product for review by the Finance Director or designee. A written submittal must be received by Town not less than ten (10) business days prior to the Offer Deadline and must include sufficient information from the manufacturer, including product specifications, photographs, and other documentation, necessary to evaluate the item to determine whether it meets or exceeds the specifications of the Product. A sample of the alternate product should be submitted if practicable.

  An alternate product must meet or exceed the specifications of the Solicitation. If the Town Representative or designee approves an alternate product by the end of the fifth (5th) business day prior to the Offer Deadline, the Solicitation shall be modified in the form of a Solicitation Addendum that includes the approved alternate product(s). Town shall publish the Solicitation Addendum in the same manner as the original Solicitation at least five (5) business days prior to the Offer Deadline.

• Brand Name or Equal Specification —

  Any manufacturer’s brand names, trade names, or catalog numbers in the specifications are included only for the purpose of describing and establishing the general quality level, design and performance desired by the Solicitation. Town will consider products substantially equivalent to products described in the specifications by brand names, trade names, or catalog numbers. If an equivalent product is offered, a Bidder/Offeror shall include with the Offer information from the manufacturer, including product specifications, photographs, and any other documentation, that will assist Town in evaluating the equivalent product.

• Shipping/Delivery —
  1. Shipping Terms/Transfer of Title. Shipments shall be F.O.B. Destination (Town), Freight Prepaid and Allowed. Title and risk of loss shall not pass to Town until Town receives and accepts the products or materials at delivery point, unless otherwise provided in the Special Requirements of Solicitation, if any.
  2. Shipment Under Reservation. Contractor shall not ship under reservation and no tender of a bill of lading shall operate as a tender of the products or materials.
  3. Shipping Charges. Town shall have no responsibility for cost of shipping unless specified in the Special Requirements of Solicitation, if any.
  4. Shipping Errors/Risk of Transportation. Shipping errors will be at Contractor’s expense. If Contractor ships products or materials that were not ordered, Contractor shall pay for return shipment at the convenience of Town. All risk of transportation and all related charges shall be Contractor’s responsibility. Contractor shall file all claims for visible or concealed damage. Town will notify Contractor promptly of any damaged products and shall assist Contractor in arranging for inspection.
• Brand Name Only Specification —

  This Solicitation describes one or more desired items by brand name specification. Town has determined that only the identified brand name item(s) will satisfy Town's needs. The offer of an equivalent item will be deemed not responsive to the Solicitation.

• Taxes —
  1. Payment of Taxes. Town is responsible for payment of all taxes listed on the invoice. Contractor is responsible for collecting such taxes and forwarding all taxes to the proper revenue office.
  2. Pre-Tax Prices. Prices shall not include applicable state and local taxes. All applicable taxes must be listed as a separate item on all invoices and will be paid by Town.
  3. State and Local Transaction Privilege (Sales) Taxes. Town is subject to applicable state and local transaction privilege taxes. Failure to collect taxes from Town does not relieve Contractor from its obligation to remit taxes to the proper revenue office.
  4. Tax and Withholding Indemnification. Contractor and all subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by Contractor or subcontractor. Contractor shall hold Town harmless, and shall require its subcontractors to hold Town harmless from any responsibility for taxes and contributions required under federal and/or state and local laws and regulations, including transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker's Compensation.
• Term of Contract and Extensions —
  1. Contract Term. The initial term of the Contract shall be xxxxx calendar years from the effective date of Contract Award, unless otherwise specified in the Special Requirements of Solicitation.
  2. Contract Extension. By mutual written agreement between Town and Contractor, the Contract may be extended for up to xxxxx consecutive additional 12-month periods, beginning immediately after expiration of the prior term. Town will determine whether it is in Town’s best interests to agree to a Contract extension. The factors used to make this determination may include, without limitation, Contractor’s satisfactory performance of the Contract, the likelihood of continued satisfactory performance, including competitive prices for Contract products, materials and services, and the likelihood that Town will need to purchase from the Contract. The Contract will expire unless renewed by issuance of written notice by Town or a purchase order for the term of the extension.
  3. Month-to-Month Extension. Town may offer month-to-month extensions if that is determined to be in the best interests of Town.
• Multiple Product Lines —

  A Bidder/Offeror may offer multiple product lines in response to a specified product. When offering multiple product lines, the Bidder/Offeror shall designate one product as primary and the other product(s) as alternate. The Bidder/Offeror shall complete all appropriate fields contained in the Solicitation price sheet for each primary and alternate product.

• Warranty/Quality Guarantees —
  1. Fitness. Contractor warrants that all equipment, material and services supplied to Town shall fully conform to all requirements of the Contract and all representations of Contractor, and shall be fit for all purposes and uses required by the Contract.
  2. Inspection. Contractor’s warranties and certifications set forth in the Solicitation shall not be affected by inspection, testing, or payment for the equipment, materials, or services by Town.
  3. Quality. Unless otherwise specified in the Special Requirements of Solicitation, Contractor warrants that for one (1) year after acceptance by Town, the equipment, materials, and service shall be:
     1. Of a quality to pass without objection in the industry or trade normally associated with them;
     2. Fit for the intended purposes for which they are used;
     3. Of even kind, quantity and quality within each unit and among all units, within the variations permitted by the Contract;
     4. Adequately contained, packaged and marked as the Contract may require; and
     5. In conformance with the written promises or affirmations of fact made by Contractor.
  4. Compliance with Applicable Laws. The equipment, materials, and services supplied under the Contract shall comply with all applicable federal, state, and local laws, and the Contractor shall maintain all applicable licenses and permits.
  5. Warranty Requirements. Contractor warrants that all equipment, materials, and services delivered under this Contract shall conform to the specifications of the Solicitation. Unless stated otherwise, all equipment shall carry a minimum 24-month manufacturer’s warranty, including parts and labor. Contractor agrees to help Town reach resolution in a dispute with the manufacturer over warranty coverage. Any extended manufacturer’s warranty shall be passed on to Town without exception. Town reserves the right to cancel the Contract if Contractor charges Town for a replacement part that Contractor received at no cost under a warranty.
  6. No Liens. Contractor warrants that the materials supplied, or used, under the Contract are free of liens.
  7. Survival of Rights and Obligations.
     1. Contractor’s Representations and Warranties. All representations, indemnity obligations, and warranties made by Indemnity under the Contract shall survive the expiration or termination of the Contract for a period of three (3) years.
     2. Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and comply with all purchase orders received by Contractor prior to the expiration or termination of the Contract, unless otherwise directed in writing by the Procurement Officer.
• Price List/Catalog Discounts —

  A Bidder/Offeror may offer prices based on a percentage discount applied to prices in a referenced price list or catalog. As used in this Solicitation, “price list or catalog” shall mean a price list, schedule, or catalog regularly maintained by a Manufacturer, Distributor, or Contractor and available for inspection by customers, unless otherwise disclosed to Town in the Offer. When a percentage discount is offered, the Bidder/Offeror shall include with the Offer a copy of the referenced price list or catalog, in electronic format if practicable.

  Upon award of a Contract, Contractor shall not alter, modify, or update the referenced price list or catalog without prior disclosure and approval by the Town Representative or designee. The referenced electronic version of the price list or catalog should be included. Failure to include a copy of a referenced price list or catalog shall be grounds for determining the Offer to be non-responsive.

• Product Groups/Established Catalog/Price List —

  The Solicitation seeks Offers that cover a full range of products, product accessories, and options as contained in specific product manufacturers’ established catalog/price lists for the groups of products specified. As used in this Solicitation, “price list or catalog” shall mean a price list, schedule, or catalog regularly maintained by a Manufacturer, Distributor, or Contractor and available for inspection by customers, unless otherwise disclosed to Town in the Offer.

• Discount-Off Catalog/Manufacturer Published Price List/Shelf Pricing —

  The Town recognizes that catalog, manufacturer (MSRP) or shelf pricing may change during the contract term, but trade discounts / percent-off awarded on this proposal must remain firm throughout the entire contract term period.

• Volume and Other Discounts —
  1. Volume. Town encourages the Bidder/Offeror to consider and, in its discretion, include in its Offer discounts based on the volume of purchases by the Town and members of a purchasing cooperative from the Contract awarded by Town. If a volume discount is offered, the discount shall be defined and applied as an additional discount to any other discount price specified in the Offer. Such discounts include:
     1. A single purchase order of Town from the Contract in excess of a dollar amount.
     2. Subsequent purchase orders of Town from the Contract after a cumulative dollar amount has been met by previous purchase orders of Town.
     3. Subsequent purchase orders of Town or any cooperative member after a cumulative dollar amount has been met by previous purchased orders of Town or any cooperative member from the Contract.
  2. Other. Offerors may offer any other type of discount, rebate, or special pricing that will result in reduced pricing. Such discounts include electronic access ordering, prepayment plans, deposit accounts, and approval plans for agencies legally authorized to use them.
• Shipping Costs (Shipping Costs In or Outside of Price) —

  Shipping Terms/Transfer of Title: Shipments shall be F.O.B. destination. Title and risk of loss of product shall not transfer to Town until Town receives the product at the delivery point.

  Shipping Charges: Shipments shall be F.O.B. Destination (Town), Freight Prepaid and Allowed, (Supplier pays and bears cost). The price for a product offered by Contractor shall include shipping costs.

  Shipping Charges Additional: The price for a product offered by Contractor shall include shipping costs, prepaid unless the Offer clearly states that shipping costs are in addition to the price and provides sufficient information for Town to determine shipping costs, whether as a specific dollar amount or as a percentage of the price. If shipping costs are not included in the price, the Contract shall specify shipping costs as a separate items in the Offer and invoices. Contractor shall not invoice Town for shipping costs in excess of Contractor’s actual costs of shipping.

  Shipping Errors/Risk of Transportation: Shipping errors will be at Contractor’s expense. If Contractor delivers a product that was not ordered, Contractor shall pay for return shipment at the convenience of Town. All risk of transportation and all related charges shall be Contractor’s responsibility. Contractor shall file all claims for visible or concealed damage. Town shall notify Contractor promptly of observed damage to products and shall assist Contractor in arranging for inspection.

• Price Increase (Unforeseen) —

  Contractor may submit to the Town Representative a fully documented request for an emergency price increase only after the Contract has been in effect for ninety (90) days. Town, in its sole discretion, shall determine whether it is in Town’s best interest to grant the request, or continue the Contract to the end of its current term. If the request is granted, the price increase shall take effect thirty (30) days after the Town Representative delivers notice to Contractor.

  The requested increase shall be limited to a documented cost increase to Contractor that was clearly unpredictable at the time of the Contract award and would impose substantial economic hardship on Contractor. The Town Representative may require satisfactory evidence, including a formal announcement and/or published price lists, that a manufacturer or supplier to Contractor has announced a cost increase that contributes directly to Contractor’s request for a price increase and would cause substantial economic hardship for Contractor.

• Price Adjustments —

  While no volume is implied or guaranteed, the Contractor may submit to the Town Representative a fully documented request for a price adjustment during the term of the Contract, in the event additional quantities are required during the term of the Contract.

  The Town Representative shall determine whether the requested price adjustment or any other option is in the best interest of the Town. The Town Representative may require satisfactory evidence that manufacturers, suppliers, or service providers to Contractor have imposed or announced cost increases that contribute directly and substantially to Contractor’s cost of doing business.

• Warranty (See full warranty in construction documents) —

  Installers Warranty – XX years from date of acceptance

  Material Warranty – XX years from date of acceptance

   

   

• Partial Bids - Acceptable —

  The Town will consider Partial Bids

• Partial Bids - Unacceptable —

  The Town will not accept Partial Bids.

Submission Requirements

• Bid Bond
• Bid Bond —

  Please scan a copy of your Bid Bond (if project is over $100,000) and upload that here. The low vendor will be required to mail or hand deliver the original bid bond to the Procurement Officer in 48 hours of bid due date and time.

• What is your Companies Bonding Capacity? (required) —

  Provide a letter from your bonding agency describing your current bonding capacity.

• Deviation/Compliance Certification
• Deviation/Compliance Certification (required) —

  If the undersigned Bidder intends to deviate from the terms and requirements of any Contract Documents made a part of this solicitation, all such deviations shall be listed on this certification form, with complete detailed conditions and information included or attached. The Town may consider any deviations in its review, scoring and award decisions, and the Town reserves the right to accept or reject any proposal, offer, or bid based upon any deviations indicated herein or in any attachments hereto.

  In the absence of any deviation entry on this form, the Bidder agrees, certifies, and warrants the Town of their full compliance with all Contract Documents, and all other information contained in this solicitation.

  Please list any deviations below:

• Exception Requested (required) —

  If you requested an exception under the DEVIATION/COMPLIANCE CERTIFICATION, please clearly explain the requested exception/deviation. Reference the specific language that you are taking exceptions/deviations to. Unacceptable exceptions shall remove your proposal from consideration for award. Town of Florence shall be the sole judge on the acceptance of exceptions/deviations and their decision shall be final.)

  Enter N/A if this does not apply

• Request for Confidentiality of Proprietary Information —

  Explanatory Note: The purpose of this question is to request that the Town treat as confidential specific information in the Offer that the Offeror or Bidder believes is a trade secret or other proprietary information. All information that is the subject of the request for confidentiality must be designated on the question below reflecting the page number and paragraph of the Offer in which it appears. An explanatory statement for the request must be clearly set forth in this question. The Town Manager shall review the statement and provide the determination in writing whether the information shall be protected. If the Town Manager determines that the information shall be protected from disclosure, the Procurement Officer shall inform the Bidder or Offeror in writing of such determination. Requests to protect pricing information or the entire Offer from disclosure will be denied.

• Request for Confidentiality of Proprietary Information (required) —

  The Offeror, by the undersigned representative, requests that the specific information, described below and identified on the page or pages of the Offer in which it appears, be treated as confidential information and protected from disclosure to the public.

   

  1. Description of specific information that is the subject of the request.

   

  2. The reason or reasons why the information should be treated as confidential.

   

  Enter N/A if this does not apply

• List of Subcontractors —

   

   

• List of Subcontractors (required) —

  The Contractor must list below the Trade, Company name, license and classification numbers of all qualified subcontractors and/or suppliers they will employ for the various portions of the work indicated. Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A.

  Example: Trade, Company Name, ROC License #, ROC License Classification

• Non-Collusion Affidavit
• Non-Collusion Affidavit (required) —

  You the Vendor do confirm that your persons, corporation, or company who makes the accompanying Proposal, having first been duly sworn, deposes and says:

  That such Proposal is genuine and not sham or collusive, nor made in the interest of, or behalf of, any persons not herein named, and that the Offeror has not directly or indirectly induced or solicited any other Offeror to put in a sham proposal, or any other person, firm or corporation to refrain from offering, and that the Offeror has not in any manner sought by collusion to secure for itself an advantage over any other Offeror.

• Offer and Acceptance
• Bid Cost Form (required) —

  Please scan a copy of your Bid Cost Form and upload that here.

• W-9 (required) —

  Please upload your complete W-9 here

• Certificate of Insurance (COI) (required) —

  Please upload your complete COI here

• Data Verification Questions —

  These questions will be utilized to confirm information you provide

• System Award Management Verification (required) —

  Please enter your company's Legal Name and/or dba Name:

• Arizona Corporation Commission (required) —

  Please enter your company's Legal Name and/or dba Name:

• Participation Questions
• Participation in Forced Labor of Ethnic Uyghurs (required) —

  Pursuant to A.R.S. § 35-394, the Contractor certifies that it is not currently engaged in the use of forced labor, using any goods produced by forced labor or contractors or subcontractors that utilize the forced labor of Ethnic Uyghurs in the People’s Republic of China.

• Participation in Boycott of Israel (required) —

  All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the Town of Florence from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01, this form must be completed and returned with the response to the solicitation and any supporting information to assist the Town in making its determination of compliance.

  As defined by A.R.S. §35-393.01:

  1. "Boycott" means engaging in a refusal to deal, terminating business activities, or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

  (a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c) applies.

  (b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

  2."Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.

  3."Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests.

  4 ."Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either:

  (a) together with other investors that are not subject to this section.

  (b) that are held in an index fund.

  5 .”Public entity" means the Town of Florence(“Town”), a political subdivision of this STATE or an agency, board, commission or department of this Town or a political subdivision of this Town

  6.” Public fund" means the state treasurer or a retirement system.

  7." Restricted companies" means companies that boycott Israel.

  8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38.

  By submitting this certification, proposer agrees to indemnify and hold the Town of Florence, its agents, and employees, harmless from any claims or causes of action relating to the Town’s action based upon reliance on the above representations, including the payment of all costs and attorney’s fees incurred by the Town in defending such an action.

  All offerors/vendors must select one of the following and thereby certify that:

• Business License
• Business License Requirement (required) —

  Do you confirm that you understand that a Business License with the Town of Florence is required?

• Current Business License (required) —

  Do you currently have a business license with the Town of Florence?

• Is this a S.A.V.E solicitation (required)
• Electronic Pricing Table (required) —

  Do you need an Electronic Pricing Table for this solicitation?

• Separate Bid Cost Form Upload (required) —

  Would you like to add an area for the vendor to upload a cost proposal?

• Is this a Construction Bid? (required)
• Bid Bond (required) —

  Does this require a Bid bond?

• Is this project going to be federally funded? (required)
• Special Terms and Conditions Verbiage (required) —

  Please check all you will require in Special Terms and Conditions

• Do you need the Asbestos and Hazardous Materials Statement (required) —

  If you click yes this document will be added to attachments

• Partial Bids (required) —

  Will you accept partial Bids?

• Expected Award Timeframe (required) —

  Please choose how many days you would like to have the vendor hold pricing for: