Waste Removal Services

The intent of this Solicitation is to establish a contract for the furnishing and delivery of waste removal services, as more particularly described in the section titled "Scope of Work".

Project Details

• Reference ID: FM 26-052
• Department: FACILITIES MANAGEMENT
• Department Head: JOEL EVANS (DEPARTMENT DIRECTOR)

Important Dates

• Questions Due: 2026-05-08T00:00:00.000Z
• Pre-Proposal Meeting: 2026-05-04T18:00:00.000Z — <a href=https://teams.microsoft.com/meet/24358590438376?p=xDRMviKILCWkzVDpPZ>Pre-Bid Teams Meeting</a>

Evaluation Criteria

• Appendix II to 2 CFR Part 200 —

  In addition to other provisions required by the City, the Consultant shall comply with the following provisions, as applicable.

  1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
  2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
  3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
  4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
  5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
  6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
  7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
  8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
  9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non-Federal award.
  10. Procurement of recovered materials - A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include 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; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
  11. Prohibition on certain telecommunications and video surveillance services or equipment.
      1. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
         1. Procure or obtain;
         2. Extend or renew a contract to procure or obtain; or
         3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
            1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, 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).
            2. Telecommunications or video surveillance services provided by such entities or using such equipment.
            3. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
      2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
      3. See Public Law 115-232, section 889 for additional information.
      4. See also § 200.471.
  12. Domestic preferences for procurements:
      1. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for 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.
      2. For purposes of this section:
         1. “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.
         2. “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.
• Purpose/Scope of Work —

  The purpose of this IFB is to secure a qualified Vendor(s) to provide the City with waste removal services (the “Services and/or Materials”), as more particularly described in the section titled "Scope of Work".

  1. Requirements Contract. The resulting Contract(s) is/are intended to be an indefinite delivery and indefinite quantity Contract(s) for the Services and/or Materials based on the City’s needs. The City does not guarantee any minimum or maximum amount of purchases will be requested by the City pursuant to a Contract. Purchases will only be made when the City identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the City to be appropriate for this Agreement, the Vendor shall provide the specific Services and/or Materials to the City in such quantities and configurations as may be agreed upon between the parties, in the form of a written invoice, quote, materials order or other form of written agreement describing the Services and/or Materials to be delivered (each, a “Materials Order”). Each Materials Order shall (i) contain a reference to this Agreement. A Materials Order submitted without referencing this Agreement will be subject to rejection. 
  2. Unauthorized Provisions. Vendor acknowledges and agrees that a Materials Order containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of the Contract, other than City’s project-specific requirements, is hereby expressly declared void and shall be of no force and effect.
• Purpose —

  The purpose of this in Invitation for Bids (IFB) is to establish a contract with a qualified and licensed contractor to provide commerical refuse collection, container rental, delivery, hauling and disposal services for City facilities, City-Owned properties, vacant lots and other designated locations.

• Definitions —

  For purposes of this Invitation for Bids, the following definitions shall apply:

  1. “Bid” or “Offer” means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids.
  2. “Bid Deadline” means the date and time set forth on the cover of this IFB for the City Clerk to be in actual possession of the sealed Bids.
  3. “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids.
  4. “Bidder” means any person or firm submitting a competitive Bid in response to this IFB.
  5. “City” means the City of Avondale, an Arizona municipal corporation.
  6. “City Representative” means the City employee who has specifically been designated to act as a contact person to the City’s Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor’s performance under the Contract and for providing information regarding details pertaining to the Work.
  7. “Confidential Information” means that portion of a Bid, Proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the City of this fact at the time of the submission and (ii) the information is so identified wherever it appears.
  8. “Contract” means, collectively, (i) the executed Offer/Bid, (ii) this IFB, including all completed exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor’s Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies and (vii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference.  Alternate or optional bid items will become part of the Contract only if they are accepted by the City in writing on the Price Sheet.
  9. “Contractor” means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the City.
  10. “Day(s)” means calendar day(s) unless otherwise specified.
  11. “Invitation for Bids” or “IFB” means this request by the City for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Services and/or Materials in compliance with the City’s Procurement Code.
  12. “Materials” means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to materials incorporated in the Project, equipment and other material used and/or consumed in the performance of Services or Work.
  13. “Multiple Award” means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder.
  14. “Price” means the total expenditure for a defined quantity of a commodity or service.
  15. “Procurement Administrator” means a City employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB.
  16. “Procurement Agent” means the City Manager or authorized designee.
  17. “Procurement Code” means the City’s Procurement Code, as amended from time to time.
  18. “Project” means the purpose and work described as set forth in Section 2.1, Purpose/Scope of Work, of the IFB.
  19. “Services” means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract.  This term does not include “professional and technical services” as defined in the Procurement Code.
  20. “Specification” means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services.  The term may include a description of any requirements for inspecting, testing or preparing a supply or service item for delivery.
  21. “Subcontractor” means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract.
  22. “Vendor” means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB.
  23. “Work” means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the Services required by this Contract.
• Term —
  1. Initial Term. This Contract shall be effective from the date it is fully executed by the City and remain in full force and effect for one year thereafter (the “Initial Term”), unless terminated as otherwise provided herein.
  2. Renewal Terms. After the expiration of the Initial Term, this Contract shall automatically renew for up to four successive one-year terms (each a “Renewal Term”) if (A) it is deemed in the best interests of the City, subject to availability and appropriation of funds for renewal in each subsequent year, (B) at least 30 Days prior to the end of the then-current term of the Contract, the Vendor requests, in writing, to extend the Contract for an additional one-year term and (C) the City approves the additional one-year term in writing (any request for reasonable price adjustments must be submitted in accordance with Section 3.1 C), as evidenced by the City Manager’s, or authorized designee’s, signature thereon, which approval may be withheld by the City for any reason. The Vendor’s failure to seek a renewal of this Contract shall cause the Contract to terminate at the end of the then-current term of this Contract; provided, however, that the City may, at its discretion and with the agreement of the awarded Vendor, elect to waive this requirement and renew this Contract. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Contract shall remain in full force and effect.
  3. Pricing Adjustment. At least sixty (60) days prior to Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
     Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.
  4. Non-Default. By consenting to a Renewal Term in any manner, Vendor shall be deemed to affirmatively assert that (i) the City is not currently in default, nor has been in default at any time prior to the Renewal Term, under any of the terms or conditions of the Agreement and (ii) any and all Vendor claims, known and unknown, relating to the Agreement and existing on or before the commencement date of the Renewal Term are forever waived
• SAM registration —

  Vendor must be registered on System for Award Management (“Sam.gov”) before submitting an offer, provide a valid Unique Entity Identifier Number and continue to maintain an active SAM registration during which it has an active Federal award.”  The Unique Entity Identifier Number must be entered on the Offer page.

• Amendment of IFB —

  No alteration may be made to this IFB or the resultant Contract without the express, written approval of the City in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor.

• Compensation —

  The City shall pay the Vendor for Services and/or Materials delivered and accepted by the City at the rates set forth in the Pricing Table. The Vendor shall not commence any billable work or provide any Services and/or Materials under this Contract until the Vendor receives an executed purchase order from the City.

• Preparation/Submission of Bid —

  Bidders are invited to participate in the competitive bidding process for the Services specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met.

  1. Irregular or Non-responsive Bids. The City will consider as “irregular” or “non-responsive” and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the City to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true:
     1. Bidder does not meet the minimum required skill, experience or requirements to perform the Services or provide the Materials.
     2. Bidder has a past record of failing to fully perform or fulfill contractual obligations.
     3. Bidder cannot demonstrate financial stability.
     4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the City in its evaluation of the Bid.
  2. Specification Minimums. Bidders are reminded that the Specifications stated in the section titled "Scope of Work" are the minimum levels required and that Bids submitted must be for products that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder’s responsibility to carefully examine each item listed in the section titled "Scope of Work". Bidders shall provide complete manufacturers’ descriptive literature regarding the Materials. Literature shall be sufficient in detail in order to allow full and fair evaluation of the Offer.
  3. Required Submittal. Bidders shall complete all required portions of the Vendor Questionnaire and providing all requested and required information in order to be considered responsive.
  4. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire completed Bid package, in accordance with the submittal requirements stated above, by the Bid Deadline. Late Bids shall not be considered. Bids not submitted through the City's OpenGov portal shall not be considered. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline.
  5. Sealed Bids. All Bids shall be submitted electronically through the City's OpenGov portal located at: https://procurement.opengov.com/portal/avondaleaz.
  6. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered.
  7. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the City Procurement Code.
• General Service Requirements —

  4.2.1 The Contractor shall furnish, deliver, service, exchange, and remove front-load dumpsters and open top roll-off containers as requested by the City.

  4.2.2 All containers shall:

  • Be flat-bottomed
  • Include Functional lids (metal or plastic)
  • Include the ability to lock the container
  • Be clean, painted, and presentable at all times
  • Be maintained in safe and operable conditions

  4.2.3 The contractor shall provide containers in sizes and quantities as requested by the City and adjust services as needed throughout the contract term.

  4.2.4 The Contractor shall transport and dispose of all refuse at approved disposal facilities in accordance with all applicable federal, state and local regulations.

  4.2.5 When servicing containers located within an enclosure or behind a gate, the Contractor should make reasonable efforts to close and secure any gates, doors, or access points opened during the performance of services upon completion of service.

• Payments —

  The Contractor will be paid on the basis of invoices submitted following acceptance of the Services and/or Materials. All invoices shall document and itemize all Services and/or Materials delivered in sufficient detail to justify payment and shall include the Purchase Order number authorizing the transaction and shall be delivered to the City Accounts Payable address indicated on the face of the Purchase Order, unless otherwise specified. All transportation charges must be prepaid by the Contractor. Payment shall be made within thirty (30) calendar days after the City’s approval of a properly submitted invoice. If invoice is subject to a cash discount, the discount period will be calculated from the date of receipt of the claim or the Services and/or Materials, whichever is later.

• 2 CFR § 200.321(a) Small and minority businesses, women's business enterprises, and labor surplus area firms. —

  Affirmative steps must include:

  1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (Visit U.S. Small Business Administration Quick Market Search https://web.sba.gov/pro-net/search/dsp_quicksearch.cfm, generate a mailing list.)
  2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
  3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
  4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
  5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and;
  6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs A. through F. of this section. 
• Documents —

  All documents prepared and submitted to the City pursuant to this Contract shall be the property of the City.

• Inquiries; Interpretation of Specifications; Scope of Work —
  1. Inquiries. Any question related to the IFB, including any part of the Specifications, Scope of Work or other Contract Documents, shall be directed to the Procurement Administrator. Verbal or telephone inquiries directed to City staff will not be answered. Within two business days following the Final Date for Inquiries listed on the cover page of this IFB, answers to all questions received via OpenGov or via e-mail will be posted on OpenGov as an addendum. Questions shall be submitted in writing via OpenGov by the date indicated in the section titled "Timeline"; the City will not respond to any inquiries submitted later than the Final Date for Inquiries. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the City. The City will not be responsible for any other explanations or interpretations of the Contract Documents.
  2. Addenda. It shall be the Bidder’s responsibility to check for addenda issued to this IFB. Any addendum issued by the City with respect to this IFB will be available on the City's OpenGov portal.
  3. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance, and quality to be met by any proposed substitution. No substitute will be considered unless a written Substitution/Equal Request in the form attached under "Attachments" has been received by the Procurement Administrator at least 10 Days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner.
  4. Use of Equals. When the Scope of Work or Specifications for Materials, articles, products, and equipment include the phrase “or equal,” Bidder may bid upon and use materials, articles, products, and equipment that will perform equally the requirements imposed by the general design. The City Representative will have the final approval of all materials, articles, products and equipment proposed to be used as an “equal.” No such “equal” shall be purchased or installed without prior, written approval from the City Representative. No “equal” will be considered unless a written Substitution/Equal Request in the form attached under "Attachments" has been received by the Procurement Administrator at least 10 Days prior to the Bid Deadline. The request shall include the name of the material or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, cuts, performance and test data and any other information necessary for evaluation of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract.
  5. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders’ Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders’ Offers presented for the Work under this Contract. The selected Contractor agrees that the City shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. If any error, omission or misstatement is found to occur in the estimated quantities, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract.
• HUD SECTION 3 —

  In addition to other provisions required by the City, the Consultant shall comply with the following provisions, as applicable.

  Must include the following language in all contracts and subcontracts:

  The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”). The purpose of Section 3 is to ensure that training, employment, contracting, and other economic opportunities generated by Section 3 covered financial assistance are directed to low‐ and very low‐income persons, including persons who are recipients of HUD assistance for housing, with preference for both targeted workers living in the service area or neighborhood of the Project and Youthbuild participants, as well as to businesses that are either owned by low‐income residents of the neighborhood where the financial assistance is spent, or substantially employ these persons, as defined at 24 CFR Part 75 (“Section 3 Regulations”).

  The parties to this contract agree to comply with HUD’s Section 3 regulations in 24 CFR 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Section 3 Regulations.

  Contractor agrees to notify potential contractors and subcontractors that are associated with Section 3 covered projects and activities about the requirements of Section 3, to include this Section 3 clause in every contract and subcontract subject to compliance with regulations in 24 CFR part 75, and to ensure that any subcontractors also include this Section 3 clause in their subcontracts for work performed on the project.

  1. Contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.
  2. Contractor agrees to maintain hiring and contracting practices to the greatest extent feasible so that 25 percent of the total labor hours expended on the project are by Section 3 Workers, of which 5 percent are by Targeted Section 3 Workers as defined in 24 CFR part 75. As part of these practices, Contractor agrees to provide priority consideration to eligible residents and businesses in accordance with 24 CFR Part 75, as applicable. If the Contractor is not able to meet this benchmark goal, it must provide a narrative of efforts taken and supporting documentation explaining why it was unable to meet that goal, despite greatest extent feasible efforts taken.
  3. If applicable, the Contractor agrees to notify each labor organization or representative of workers with which the Contractor has a collective bargaining or similar labor agreement or other understanding about its obligation to comply with the requirements of Section 3 and ensure that new collective bargaining or similar labor agreements provide employment, registered apprenticeship, training, subcontracting, or other economic opportunities to Section 3 Workers and businesses, and to post notices in conspicuous places at the work site advising the labor union, organization, or workers’ representative of the Contractor’s commitments under this part.
  4. The Contractor agrees to comply with all monitoring, reporting, recordkeeping, and other procedures specified the City and the HUD. The Contractor is responsible for providing Section 3 performance metrics and supporting documentation for all its subrecipients, contractors, and subcontractors, as applicable.
  5. Noncompliance with HUD's regulations in 24 CFR part 75 and the City’s Section 3 policies may result in sanctions, penalties, termination of this contract for default, and debarment or suspension from future HUD‐assisted contracts.
• Service Scheduling and Adjustments —

  4.3.1 Services shall be provided on both a scheduled and on-call basis, as determined by the City.

  4.3.2 The City reserves the right to:

  • Add or remove containers
  • Increase or decrease service frequency
  • Modify service locations

  4.3.3 The Contractor shall not change service schedule without prior written approval from the City.

  4.3.4 Locations requiring multiple weekly services shall not be serviced on consecutive days unless approved by the City.

  4.3.5 The Contractor may propose schedule adjustment to improve efficiency; however, all changes must be submitted in writing and approved by the City.

• Hours of Services —

  4.4.1 Contractor shall perform all pickup and collection services during the City's regular operating hours of Monday through Thursday, 7:00 a.m. to 6:00 p.m., unless otherwise authorized by the City. The City reserves the right to permit flexibility in scheduling and prefers that pickups occur during periods of lower operational activity to reduce interference with City operations. Contractor shall coordinate all service schedules with the City's designated representative and shall adhere to scheduling requirements established by the City.

  4.4.2 The Contractor shall provide after-hours and emergency services upon request.

  4.4.3 If a schedule service falls on a holiday observed by the Contractor, services shall be performed either one (1) day prior or one (1) day after, as directed by the City.

• Prospective Bidders' Conference —

  A Prospective Bidders’ Conference may be held. If scheduled, the date and time of the Prospective Bidders’ Conference will be indicated in the section titled "Timeline" The Prospective Bidders’ Conference may be designated as mandatory or non-mandatory. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders’ Conference. Bidders are strongly encouraged to attend those Prospective Bidder’s Conferences designated as non-mandatory. The purpose of the Prospective Bidders’ Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the City’s requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the City at the Prospective Bidders’ Conference. The City will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB.

• Deliveries —

  Time is of the essence for all orders placed under this Contract. Product documentation required by Section titled "Product Documentation" shall be delivered to the City upon delivery of the Materials. Delivery shall not be considered complete until the City is in receipt of the manuals. Vendor shall retain title and control of all Materials until they are delivered and the City has accepted delivery. All risk of transportation and all related charges shall be the responsibility of the Vendor. All claims for visible or concealed damage shall be filed by the Vendor. The City will notify the Vendor promptly of any damaged Materials and shall assist the Vendor in arranging for inspection. The City reserves the right to cancel and reject the Materials upon default by Vendor in time, rate or manner of delivery. The City also reserves the right to refuse shipments made in advance of any scheduled delivery date appearing on the Purchase Order.

• Quantity —

  The quantity of Services and/or Materials ordered must not be exceeded or reduced without the City’s permission, in writing, except in conformity with acknowledged industry tolerances.

• Response Times and Performance Standards —

  4.5.1 Emergency service requests: Contractor shall response and be on-site within twenty-four (24) hours of notification.

  4.5.2 Non-Emergency/on-call service request: Contactor shall response and begin service within forty-eight (48) hours of notification, or by the next business day if requested after normal business hours.

  4.5.3 Missed scheduled services shall be completed no later than the next business day.

  4.5.4 Failure to complete scheduled services may result in a prorated deduction from the Contractor's invoice.

• New Materials —

  All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications.

• Changes; Cancellation —

  The City reserves the right to cancel or make changes in the Services and/or Materials to be furnished by the Vendor within a reasonable period of time after issuance of Purchase Orders. If such changes cause an increase or decrease in the amount due under the Purchase Order, or in the time required for Vendor’s performance, an acceptable adjustment shall be made and the Purchase Order shall be modified in writing accordingly. Any agreement for adjustment must be asserted in writing within 10 Days from when the change is ordered. Should a Purchase Order be canceled, the City agrees to reimburse the Vendor but only for actual and documentable costs incurred by the Vendor due to and after issuance of the Purchase Order. The City will not reimburse the Vendor for any costs incurred after receipt of a notice of cancellation from the City, or for lost profits, shipment of product or costs incurred prior to issuance of a Purchase Order.

• Prices —

  Services and/or Materials shall be provided at the unit prices as set forth in the Pricing Table on the City's OpenGov portal and incorporated herein by reference. Bid Prices shall be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Pricing Table shall be deemed as a NO BID entry for that item.

• Refuse Handling Requirements —

  4.6.1 The Contractor is not required to collect refuse located outside of container except under the following conditions:

  • Overflow caused by missed service
  • Refuse spilled during servicing

  4.6.2 In such cases, the Contractor shall clean up all loose or bagged refuse at no additional cost to the City.

• F.O.B —

  Unless otherwise agreed to in writing, signed by the City Manager or authorized designee, all delivery terms are “F.O.B. Destination” and are to be prepaid. All other freight charges are to be prepaid and charged on the invoice. If a cash discount is not permitted on freight charges, then specific notation of this must be shown on the invoice.

• Payment; Discounts —

  Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The City shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet.

• Temporary and On-Demand Services —

  4.7.1 The Contractor shall provide temporary containers or additional services upon request.

  4.7.2 Delivery of requested containers shall occur within twenty-four (24) hours, unless otherwise approved by the City.

• Packing —

  No extra charges shall be made for packaging or packing material unless authority is expressly incorporated in this Contract. Vendor shall be responsible for safe packing which must conform to the requirement of the selected carrier’s tariffs. All shipments must carry the correct quantity, product identification, Purchase Order number, receiving address and product department plainly marked on all packages. Cars or trucks must be loaded to minimum weight requirements to ensure lowest rate, unless otherwise specified. Vendor will be charged with excess freight costs that the City is required to pay.

• Pricing and Fees —

  4.8.1 Landfill/disposal fees shall be billed as a pass-through cost without markup.

  4.8.2 Overweight charges or fines shall be:

  • Paid by the Contractor
  • Passed through to the City without markup
  • Reported to the City when recurring issues arise
• Taxes —

  The City is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, sales tax and use tax, if any, shall be entered as a separate line. It shall not be considered a lump sum payment item. Bidder should not include tax on any allowances. It is the sole responsibility of the Bidder to determine any applicable tax rates and calculate the tax accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the City.

• Federal Funding —

  It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the “Federal Requirements”). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record keeping, necessary pay structures or other matters related to the Federal Requirements, if any.

• Container Maintenance and Cleaning —

  4.9.1 The Contractor shall maintain all containers in a clean, sanitary, and operable condition.

  4.9.2 Containers shall be cleaned upon request by the City or when conditions warrant.

  4.9.3 The Contractor shall repair or replace damaged containers at no additional cost.

  4.9.4 If the Contractor fails to clean or maintain containers, the City may perform the work and deduct the cost from payment due to the Contractor.

• Product Warranty —

  All Materials supplied pursuant to this Contract shall be fully guaranteed by the Vendor for a minimum period of one year from the date of acceptance by the City (or such longer period as may be provided under warranties for street sign supplies or hardware). Any defects in design, workmanship or Materials that would result in non-compliance with Contract Specifications shall be fully corrected by the Vendor (including parts and labor) without cost to the City. Vendor further agrees to execute any special guarantees as provided by the Contract or by law. Vendor shall require similar guarantees from all of its vendors or its Subcontractors. Vendor shall include a complete and exclusive statement of the product warranty.

• Cost of Bid/Proposal Preparation —

  Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The City does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All Services and/or Materials and documents submitted in response to this IFB become the property of the City and will not be returned.

• Price Warranty —

  Vendor shall give the City the benefit of any price reductions before actual time of shipment. If the City permits shipment to be made prior to specified shipping date, the City shall have advantage of any price reductions that occur before the originally-scheduled shipping date.

• Equipment and Operational Requirements —

  4.10.1 The Contractor shall provide adequate personnel, vehicles, and equipment to meet service demands.

  4.10.2 All Contractor vehicles shall be clearly marked with the company name and be identifiable at a reasonable distance.

  4.10.3 The Contractor shall not store equipment, containers not in active use, or vehicle on City property without prior written approval.

• Damage and Liability —

  4.11.1 The Contractor shall exercise due care while performing services.

  4.11.2 Any damage to City property, including pavement, landscaping, utilities, or structures, shall be repaired or replaced at the Contractor's sole expense.

  4.11.3 If the Contractor fails to make repairs in a timely manner, the City may complete the repairs and deduct associated costs from the Contractor.

• Inspection; Acceptance —

  All Services and/or Materials are subject to final inspection and acceptance by the City. Services and/or Materials failing to conform to the Specifications of this Contract will be held at Vendor’s risk and may be returned to the Vendor. If so returned, all costs are the responsibility of the Vendor. Upon discovery of a non-conforming Services and/or Materials, the City may elect to do any or all of the following by written notice to the Vendor: (A) waive the non-conformance; (B) stop the use of the non-conforming Services and/or Materials immediately; or (C) bring Services and/or Materials into compliance and withhold the cost of same from any payments due to the Vendor.

• Public Record —

  All Bids shall become the property of the City. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the City’s Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to the section titled "Confidential Information" shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law.

• Waiver —

  Waiver by the City of a condition in any shipment shall not be considered a waiver of (A) any other terms of this Contract or (B) that condition for subsequent shipments.

• Confidential Information —

  If a Vendor/Bidder believes that a Bid, specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the City Attorney and shall determine in writing whether the information shall be withheld. If the City Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination.

• Contractor Personnel Requirements —

  4.12.1 The Contractor shall designate a primary and alternate point of contact.

  4.12.2 Contractor personnel shall:

  • Conduct themselves in a professional and courteous manner
  • Comply with all City polices, including tobacco, drug, and alcohol policies
  • Not carry firearms or weapons while on City property

  4.12.3 The Contractor shall not use temporary labor without prior written approval from the City.

  4.12.4 The Contractor shall provide personnel information and cooperate with background or security checks within twenty-four (24) hours upon request.

• Safety and Regulatory Compliance —

  4.13.1 The Contractor shall comply with all applicable OSHA, EPA, and federal, state, and local regulations.

  4.13.2 The City reserves the right to suspend work for non-compliance at no cost to the City

  4.13.3 Continued non-compliance may result in termination of the contract.

• Vendor Licensing and Registration —

  Prior to the award of the Contract, the successful Bidder shall (A) be registered with the Arizona Corporation Commission and authorized to do business in Arizona and (B) provide a copy of the most recent signed W-9 form to Procurement Administrator. Bidders shall provide license and certification information with the Bid. Upon the City’s request, corporations and limited liability companies shall provide Certificates of Good Standing from the Arizona Corporation Commission.

• Product Documentation —

  Books, manuals or CD’s when possible, shall accompany each unit and provide complete and comprehensive information on all Materials, components and accessories, as supplied to comply with the Specifications. If changes, modifications, additions or alterations of any kind are made on the Materials, the Vendor shall provide blueprints, line drawings and descriptive text sufficient to allow a person of average skill in general mechanics to diagnose, repair and maintain the Materials and all components. On Materials assembled from manufactured components, parts manuals shall show the manufacturer of each part and all cross-referencing between the Vendor and the manufacturers. The City shall have the right to reproduce any equipment/product documentation for City maintenance and educational purposes only.

• Certification —

  By submitting a Bid, the Bidder certifies:

  1. No Collusion. The submission of the Bid did not involve collusion or other anti-competitive practices.
  2. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
  3. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a City employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to section titled "Termination; Cancellation", the City shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity.
  4. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract.
  5. No Signature/False Statement. The signature on the Bid is genuine. Failure to sign the Bid, or signing either with a false statement, shall void the submitted Bid and any resulting Contract and the Bidder may be debarred from further bidding in the City.
• Product Discontinuance —

  In the event that a product or model is discontinued by the manufacturer, the City, at its sole discretion, may allow the Vendor to provide a substitute for the discontinued item. The Vendor shall request permission to substitute a new product or model and provide the following: (A) a formal announcement from the manufacturer that the product or model has been discontinued, (B) documentation from the manufacturer that names the replacement product or model, (C) documentation that provides clear and convincing evidence that the replacement meets or exceeds all Specifications required by the original solicitation, (D) documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model and (E) documentation confirming that the price for the replacement is equal to or less than the discontinued product or model.

• Access and Security —

  4.14.1 The City may issue keys, badges, or access cards as required.

  4.14.2 The Contractor shall:

  • Maintain control of all access devices
  • Report lost or stolen items with twenty-four (24) hours
  • Return all access devices upon contract completion or employee separation

  4.14.3 The Contractor shall be responsible for all cost associated with lost or unreturned access devices, including re-keying or security measures.

• Performance Monitoring —

  4.15.1 The City may conduct inspections, audits, and performance reviews at any time.

  4.15.2 The Contractor shall cooperate with all performance evaluations and corrective actions.

• Award of Contract —
  1. Multiple Award. The City may, at its sole discretion, accept Bidder’s Offer as part of a Multiple Award.
  2. Line Item Option. Unless the Bidder’s Offer indicates otherwise, or unless specifically provided within the Contract, the City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City. The City’s flexibility with respect to the method of award also includes any items bid as alternates, which may be accepted or rejected, in whole or in part, at the City’s sole discretion.
  3. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Scope of Work, (2) Price before taxes, including alternates selected by the City, if any, but excluding “as-needed” services requested by the City and (3) Bidder qualifications to provide the Services and/or Materials.
  4. Bidder's Qualification. The Procurement Administrator may conduct any investigation deemed necessary to determine the Bidder's ability to perform the project. Bidders may be requested to submit additional references and documentation within 72 hours (or as specified) to assist the City in its evaluation.
  5. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this IFB, the City expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB.
  6. Offer. A Bid is a binding offer to contract with the City based upon the terms, conditions and specifications contained in this IFB and the Bidder’s responsive Bid, unless any of the terms, conditions, or specifications are modified by a written addendum or contract amendment. Bids become binding Contracts when the Acceptance of Offer and Notice of Award is executed in writing by the City. Bidder Offers shall be valid and irrevocable for 90 Days after the Bid Opening.
  7. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the City Procurement Code.
• No Replacement of Defective Tender —

  Every tender of Services and/or Materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole.

• Shipment Under Reservation Prohibited —

  Vendor is not authorized to ship Materials under reservation and no tender of a bill of lading will operate as a tender of the Materials.

• Liens —

  All Services and/or Materials shall be free of all liens and, if the City requests, a formal release of all liens shall be delivered to the City.

• Right to Assurance —

  Whenever one party to this Contract in good faith has reason to question the other party’s intent to perform it may demand that the other party give a written assurance of its intent to perform. In the event that a demand is made and no written assurance is given within five Days, the demanding party may treat this failure as an anticipatory repudiation of the Contract.

• Right to Inspect Plant —

  The City may, at reasonable times, inspect the part of the plant or place of business of the Vendor or any Subcontractor that is related to the performance of this Contract.

• Patents and Copyrights —

  All services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this Contract are the property of the City and shall not be used or released by the Vendor or any other person except with the prior written permission of the City.

• Advertising —

  Vendor shall not advertise or publish information concerning this Contract without prior, written consent of the City.

• Licenses; Materials —

  Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The City has no obligation to provide Vendor, its employees or Subcontractors any business registrations or licenses required to perform the specific Services set forth in this Contract. The City has no obligation to provide tools, equipment or material to Vendor.

• Indemnification —

  To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City and each council member, officer, employee or agent thereof (the City and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the Work or Services of the Contractor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.

• Insurance —

  In addition to conformance to MAG Specifications, Section 102.4 (Examination of Plans, Special Provisions and Site Work), the Contractor shall make its own determinations as to the soil and subsurface conditions, including rock, caliche and ground water and shall complete the Work in whatever Services and/or Materials and under whatever conditions may be encountered or created, without extra cost to the City pursuant to the provisions of the MAG Supplement Section 102.4.1.

  1. General.
     1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to Ariz. Rev. Stat. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the City. Failure to maintain insurance as specified herein may result in termination of this Contract at the City’s option.
     2. No Representation of Coverage Adequacy. By requiring insurance herein, the City does not represent that coverage and limits will be adequate to protect Contractor. The City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract.
     3. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, directors, officials and employees as Additional Named Insured as specified under the respective coverage sections of this Contract.
     4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the City, unless specified otherwise in this Contract.
     5. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to performance of this Contract and in the protection of the City as an Additional Insured.
     6. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance and necessary endorsements citing applicable coverage is in force and contains the provisions as required herein for the three-year period.
     7. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the City, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.
     8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the City. Contractor shall be solely responsible for any such deductible or self-insured retention amount.
     9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement(s) with its Subcontractors containing the indemnification provisions set forth in this subsection and insurance requirements set forth herein protecting the City and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements.
     10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the City with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The City shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor’s responsibility to forward renewal certificates and declaration page(s) to the City 30 Days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions:
         1. The City, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows:
            1. Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
            2. Auto Liability - Under ISO Form CA 20 48 or equivalent.
            3. Excess Liability - Follow Form to underlying insurance.
         2. Contractor’s insurance shall be primary insurance with respect to performance of the Contract.
         3. All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against City, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract.
         4. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted.
     11. Endorsements. Contractor shall provide the City with the necessary endorsements to ensure City is provided the insurance coverage set forth in this Subsection.
  2. Required Insurance Coverage.
     1. Commercial General Liability. Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.
     2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the City, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.
     3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work in any way related to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
     4. Workers’ Compensation Insurance. If Contractor employs anyone who is required by law to be covered by workers’ compensation insurance, Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor’s employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit.
  3. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 Days’ prior written notice to the City.
• Applicable Law; Venue —

  This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona.

• Termination; Cancellation —
  1. For City’s Convenience. This Contract is for the convenience of the City and, as such, may be terminated without cause after receipt by Contractor of written notice by the City. Upon termination for convenience, Contractor shall be paid for all undisputed Services performed and Materials delivered to the termination date.
  2. For Cause. If either party fails to perform any obligation pursuant to this Contract and such party fails to cure its nonperformance within 30 Days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Contract immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 Days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (1) provides written notice to the non-defaulting party and (2) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 Days. In the event of such termination for cause, payment shall be made by the City to the Contractor for the undisputed portion of its fee due as of the termination date.
  3. Due to Work Stoppage. This Contract may be terminated by the City upon 30 Days’ written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to Work stoppage, payment shall be made by the City to the Contractor for the undisputed portion of its fee due as of the termination date.
  4. Conflict of Interest. This Contract is subject to the provisions of Ariz. Rev. Stat. § 38-511. The City may cancel this Contract without penalty or further obligations by the City or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the City or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract.
  5. Gratuities. The City may, by written notice to the Contractor, cancel this Contract if it is found by the City that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the City for the purpose of securing this Contract. In the event this Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity.
  6. Agreement Subject to Appropriation. The City is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the City’s then current fiscal year. The City’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the City concerning budgeted purposes and appropriation of funds. Should the City elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that the City has no obligation or duty of good faith to budget or appropriate the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The City shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. Contractor hereby waives any and all rights to bring any claim against the City from or relating in any way to the City's termination of this Agreement pursuant to this section.
• Miscellaneous —
  1. Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that all Services and Materials provided under this Contract are being provided as an independent contractor, not as an employee or agent of the City. Contractor, its employees and Subcontractors are not entitled to workers’ compensation benefits from the City. The City does not have the authority to supervise or control the actual Work of Contractor, its employees or Subcontractors. The Contractor, and not the City, shall determine the time of its performance of the Services provided under this Contract so long as Contractor meets the requirements of its agreed Scope of Work. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. City and Contractor do not intend to nor will they combine business operations under this Contract.
  2. Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is responsible remains in compliance with all rules, regulations, ordinances, statutes or laws affecting the Services or Materials including, but not limited to, the following: (1) existing and future City and County ordinances and regulations; (2) existing and future state and federal laws; and (3) existing and future OSHA standards.
  3. Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the City when such changes do not alter the Contract Price.
  4. Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction.
  5. Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application.
  6. Entire Agreement; Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract.
  7. Assignment; Delegation. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the City, signed by the City Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor.
  8. Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Services or Materials specified herein without the prior written approval of the City. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used.
  9. Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the City to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the City’s acceptance of and payment for Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of this Contract.
  10. Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment.
  11. Liens. All Services or Materials shall be free of all liens and, if the City requests, a formal release of all liens shall be delivered to the City.
  12. Offset.
      1. Offset for Damages. In addition to all other remedies at law or equity, the City may offset from any money due to the Contractor any amounts Contractor owes to the City for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract.
      2. Offset for Delinquent Fees or Taxes. The City may offset from any money due to the Contractor any amounts Contractor owes to the City for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties.
  13. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, or (3) given to a recognized and reputable overnight delivery service, to the address set forth below:

      If to the City:	City of Avondale
      	11465 West Civic Center Drive
      	Avondale, Arizona 85323
      	Attn:  Procurement Manager
      With copy to:	City of Avondale
      	11465 West Civic Center Drive
      	Avondale, Arizona 85323
      	Attn:  City Attorney
      If to Contractor:
      	Attn:

      or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.
  14. Overcharges by Antitrust Violations. The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract.
  15. Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with subsection titled "Notices and Requests", of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences:
      1. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences.
      2. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Subsection titled "Force Majeure". Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Subsection titled "Notices and Requests" and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract.
  16. Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of ensuring that information contained in its records or obtained from the City or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor’s duties under this Contract. Persons requesting such information should be referred to the City. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract.
  17. Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection "E-verify Requirements" below, Contractor’s and its Subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors’ employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the City, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor’s and its Subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the Contractor’s and its Subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection titled "E-verify Requirements" below. To the extent necessary for the City to audit Records as set forth in this subsection, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the City shall have access to said Records, even if located at its Subcontractors’ facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the City to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the City with adequate and appropriate workspace so that the City can conduct audits in compliance with the provisions of this subsection. The City shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Contract.
  18. E-verify Requirements. To the extent applicable under Ariz. Rev. Stat. § 41-4401, the Contractor and its Subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under Ariz. Rev. Stat. § 23-214(A). Contractor’s or its Subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the City.
  19. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel.
  20. Forced Labor. Contractor certifies that it does not, and agrees for the duration of this Agreement that it, its subcontractors, and its suppliers will not, use the forced labor of ethnic Uyghurs in the People’s Republic of China nor any products or services derived from the force labor of ethnic Uyghurs.
  21. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Contract, the IFB, the Scope of Work, any City-approved Purchase Order, the Price Sheet, any City-approved Purchase Orders, invoices and the Contractor’s response to the IFB, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section "Purpose/Scope of Work", unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Contract (collectively, the “Unauthorized Conditions”), other than the City’s project-specific quantities, configurations or delivery dates, are expressly declared void and shall be of no force and effect. Acceptance by the City of any Purhcase Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Contract. If the Agreement is renewed pursuant to section titled "Renewal Terms" above and such renewal includes any conflicting terms, other than price, those terms will be null and void.
  22. Non-Exclusive Contract. This Contract is entered into with the understanding and agreement that it is for the sole convenience of the City of Avondale. The City reserves the right to obtain like goods and Services from another source when necessary.
  23. Use of Artificial Intelligence.  The Contractor must comply with the exhibit titled Artificial Intelligence Use Policy when developing, submitting, or performing any work under this solicitation and any resulting contract. This includes, but is not limited to, disclosing any use of AI tools or systems in proposal preparation, evaluation support, or contract performance; ensuring that any AI-generated content is accurate, verifiable, and free from bias; and maintaining appropriate human oversight of AI-assisted activities. Failure to comply with this policy may result in rejection of the bid or termination of the contract.
  24. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the City, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Contract in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Contract shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The City assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Contract. The City shall not be responsible for any disputes arising out of transactions made by others.

Submission Requirements

• Main Point of Contact (required) —

  Please provide a point of contact for IFB for follow-up questions or notifications. (Name, email & phone number).

• Occupational License(s)/Certificate(s) (required) —

  If certain Occupational License(s)/Certificate(s) is required, please upload it here.

• SAM.gov Registration Status (required) —

  Is your firm currently registered and showing Active status in SAM.gov?

  Note: Vendor must be registered on System for Award Management (“Sam.gov”) before submitting an offer, provide a valid Unique Entity Identifier Number and continue to maintain an active SAM registration during which it has an active Federal award.

• Unique Entity Identifier Number (required) —

  Please provide your Unique Entity Identifier Number.

• Consequences of Non-Compliance with SAM.gov Registration Requirement (required) —

  Because this solicitation is funded in whole or in part with federal grant funds, you are required to be registered in SAM.gov with an Active status.  

  Failure to obtain and maintain an Active SAM.gov registration by the required deadline may result in your bid being deemed non-responsive, and the City may proceed with award to the next lowest, responsive and responsible bidder.

• Byrd Anti-Lobbying Amendment (required) —

  Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. 

  Are you submitting a bid for an award exceeding $100,000?

• Certification Regarding Lobbying (required) —

  The Bidder certifies, to the best of his or her knowledge and belief, that:

  1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
  2. If any funds other than Federal appropriated funds have been paid or will be paid to 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
  3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

  This confirmation is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

• Avondale Business License (required) —

  Businesses that are located in the City of Avondale are required to obtain and maintain City of Avondale business license.  Is your business located in Avondale?

• Please upload a copy of your business license (required)
• Please explain why a business license is not applicable. (required)
• DBE/WBE Status (required) —

  Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise?

• DBE/WBE Status Follow-Up (required) —

  You indicated that your firm has been certified in Arizona as a minority or woman owned business enterprise.

  Please upload details and documentation of the certification

• References (required) —

  Provide information for three clients for whom Bidder has provided Services of similar size and scope within the past 36 months.  These references will be checked.  Please ensure all information is accurate and current.  Failure to provide three accurate and suitable references will result in disqualification.

  Please download the below documents, complete, and upload.

• W-9 (required) —

  Please upload a copy of your signed W-9 using the most current W-9 form.  Form W-9 (Rev. March 2024) (irs.gov) 

• Offer (required) —

  Please download the below documents, complete, and upload.

• Read the Drug and Alcohol Policy (required) —

  I acknowledge that I have read and reviewed Avondale's Drug and Alcohol Policy.  I understand and agree to comply with all requirements outlined in this policy.

• Read the Tobacco Policy (required) —

  I acknowledge that I have read and reviewed Avondale's tobacco policy.  I understand and agree to comply with all requirements outlined in this policy.

• Use of Artificial Intelligence (required) —

  I acknowledge that I have read and reviewed the Avondale City Artificial Intelligence Use Policy. I understand and agree to comply with all requirements outlined in this policy.

• Offer Confirmation (required) —

  The Bidder hereby offers this Bid as an offer to contract with the City under the terms and conditions and certifies that Bidder has read, understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids (“IFB”), the Contract formed hereby and any amendments thereto, together with all Exhibits, Specifications, Plans and other documents included as part of this Contract (the “Contract Documents”).

• Description of Services/Materials (required) —

  Complete the following sentence (specifically fill in the blank highlighted section):

  The purpose of this IFB is to secure a qualified Vendor(s) to provide the City with ____________ (the “Services and/or Materials”), as more particularly described in the section titled "Scope of Work".

• Contractor License Requirement (required) —

  Is it necessary for the service to be rendered by a Contractor possessing specific occupational licenses? 

• Contractor License Description (required) —

  Please complete the blank:

  The service described herein must to be rendered by a Contractor possessing a valid                                 license(s).

• Federal/State Grant (required) —

  Is any federal or state grant intended for the funding of this procurement?