Pursuant to provisions of the City Procurement Code, the City of Surprise, Procurement Division intends to establish a contract for Design, Fabrication and Installation of Public Art.

This Solicitation as well as any resultant Contract is issued under the authority of the City Procurement Manager. No alteration of any resultant Contract may be made without the express written approval of the City Procurement Manager in the form of an official Contract Amendment. Any attempt to alter any Contract without such approval is a violation of the Contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension, and/or debarment of the Contractor.

In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid and irrevocable for One Hundred Eighty Days (180) days after the opening time and date.

The term of any resultant Contract shall commence on the date of award and shall continue for a period of One (1) Year thereafter, unless terminated, cancelled or extended as otherwise provided herein.

By mutual written Contract Amendment, any resultant Contract may be extended for supplemental periods of up to a maximum of N/A.

Firm Fixed Price

In order to assure that any ensuing Contracts will allow the City to fulfill current and future requirements, the City reserves the right to award Contracts to multiple companies. The actual utilization of any Contract will be at the sole discretion of the City. The fact that the City may make multiple awards should be taken into consideration by each potential offeror.

A price reduction adjustment may be offered at any time during the term of a Contract and shall become effective upon notice.

Any Contract resulting from this Solicitation shall be for the use of all City of Surprise departments, agencies, boards, and/or commissions.

While this Contract is for the City of Surprise, other public agencies and political subdivisions may express interest in utilizing the Contract. In addition to the City of Surprise, and with approval of the Contractor, this Contract may be extended for use by other eligible public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State). Eligible public agencies may elect to utilize the contract through cooperative purchasing (or piggybacking) on the Contract and do so at their discretion. No volume is implied or guaranteed, and the contractor must be in agreement with the cooperative transaction. The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other public agencies, have signed an intergovernmental cooperative purchase agreement to obtain economies of scale. As a member of SAVE, the City of Surprise will act as the lead agency. Any such usage by other participating public agencies must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective public agency. Potential participating public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State) recognize potential equipment, logistical and capacity limitations by the contractor may limit the contractor’s ability to extend use of this Contract.

Any orders placed to the Contractor will be placed by the specific public agency participating in this purchase, and payment for purchases made under this Contract will be the sole responsibility of each participating public agency. The City of Surprise shall not be responsible for any disputes arising out of transactions made by others.

It is the policy of the City of Surprise that suppliers of Goods and/or Services to the City adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age, or disability.

A Conditional Lien Waiver and Release (referred to as "Waiver" under this section) may be requested prior to any payment made by City and is required prior to any final payment. The Waiver shall provide full, final and unconditional certification and affidavit that all of the Contractor’s obligations to contractors, subcontractors, suppliers, and other third parties for payment for labor, materials, or equipment related to the Scope of Work have been paid or otherwise satisfied. The City also reserves the right to require full, final, and unconditional waivers and release of mechanics or construction liens, releases of trust fund or similar claims, and release of security interests or encumbrances on the Project property from each contractor, subcontractor, supplier or other person or entity who has, or might have a claim against the City or the City’s property.

If liquidated damages are assessed, such damages shall be calculated at the rate specified in the Maricopa Association of Governments ("MAG") Section 108.9 per calendar day.

A. If the Contract is not terminated, the Contractor shall continue performance and be liable to the City for the liquidated damages until the Goods are delivered and/or Services performed.

B. In the event the City exercises its right of termination, the Contractor shall be liable to the City for any excess costs, and in addition, for liquidated damages until such time the City may reasonably obtain delivery or performance of similar Goods and/or Services.

It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of the Services to be performed under this Contract. The Contractor must agree to assign specific individuals to the key positions.

A. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to the City.

B. If key personnel are not available for work under this Contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

Offerors who submit an Offer as a manufacturer’s representative must supplement the Offer with a letter from each manufacturer involved, certifying that the Offeror is a bona fide dealer for the specific equipment or other Goods presented, that the Offeror is authorized to submit an Offer on such equipment or other Goods, and guarantees that should the Offeror fail to satisfactorily fulfill any obligations established as a result of the anticipated contract awards, the manufacturer, upon assignment by the City, will either assume and discharge such obligations or provide for their competent assumption by one or more bona fide dealers for the balance of the Contract period.

Upon award of a Contract by the City of Surprise, the Procurement Division may procure the specific Goods and/or Services awarded by the issuance of a purchase order to the appropriate Contractor. The award of a Contract shall be in accordance with the City of Surprise Procurement Code and all transactions and procedures required by the Code for public bidding have been complied with. A purchase order for the awarded Goods and/or Services that cites a valid current Contract is the only document required for the department to order and the Contractor to deliver the Goods and/or perform the Services.

Any attempt to represent any Goods and/or services not specifically awarded as being under contract with the City of Surprise is a violation of the Contract and the City of Surprise Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the Contractor.

The equipment specified in this solicitation is dependent upon the availability of prompt professional service. In order to be considered for award, each potential contractor is required to have existing maintenance facilities with sufficient parts inventory and trained technicians experienced in providing quality service on the equipment specified. Maintenance facilities are subject to inspection by the City to determine adequacy.

All Goods offered in response to this Solicitation shall be new and in current and ongoing production, shall have been formally announced for general marketing purposes, shall be a model or type currently functioning in a user (paying customer) environment, and shall be capable of meeting or exceeding all specifications and requirements set forth in this Solicitation.

The City may award contracts for particular products and/or models of equipment as a result of this Solicitation. In the event that a product or model is discontinued by the manufacturer, the City at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request permission to substitute a new product or model and provide all of 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 the same as or less than the discontinued product or model.

The City of Surprise has an ongoing requirement for the Goods indicated in this Solicitation. It is an express condition of any award that a Contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in contract cancellation.

Offers shall be for equipment on which the original manufacturer’s serial number has not been altered in any way. Throughout the Contract term, the City reserves the right to reject any altered equipment.

All offerors are hereby notified that demonstration units of the equipment offered shall be available in Phoenix. The City of Surprise, Procurement Division must arrange a time and place for equipment demonstrations for the purpose of evaluation. Demonstrations shall be performed at no expense to the City.

Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing the quality level, design and performance desired. Such references are not intended to limit or restrict bidding by other offerors but are intended to establish the quality, design or performance which is desired. Any Offer which proposes like quality, design or performance will be considered.

All items supplied on this Contract will comply with the current applicable federal and state Occupational Safety and Health Standards, the National Electric Code, and the National Fire Protection Association Standards. Contractor will be responsible for ensuring that the above-referenced safety standards are met and acknowledges that Contractor has general supervisory authority over the worksite, including the power to correct safety and health violations. This would include the power to require subcontractors to correct violations of the above-mentioned safety standards. Contractor is responsible for how frequently and closely Contractor needs to inspect to meet the standard of reasonable care for the above-referenced safety standards.

All Offerors shall include complete manufacturers’ descriptive literature regarding the equipment they propose to furnish. Literature shall be sufficient in detail in order to allow full and fair evaluation of the offer submitted. Failure to include this information may result in the Offer being rejected.

Prices shall be F.O.B. Destination Pre-Paid and Allowed to the delivery location designated herein. Contractor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

Delivery shall be made within N/A days of receipt of a purchase order.

Prices offered shall include all applicable State and local taxes. The City will pay all applicable taxes. Taxes must be listed as a separate item on the price sheet attached to this Solicitation and on all invoices. The City of Surprise is exempt from Federal Excise Tax, including the Federal Transportation Tax.

1. Each Offer shall provide a one-year warranty/guarantee against defects in materials, workmanship and/or performance for all items.
2. Contractor represents and warrants that: (i) the work of art created under this Contract is and will be the original product of Contractor's own creative efforts, is unique, and does not infringe on any third party's copyrights or other intellectual property rights or the rights of any person; (ii) Contractor has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Contract; (iii) the artwork is free and clear of any liens from any source whatsoever; (iv) Contractor has the full power to enter into and perform this Contract and to make the grant of rights contained in this Contract; and (v) these representations and warranties shall survive the termination or other extinction of this Contract.
3. Contractor warrants to the City that the fabrication and installation of the artwork will be performed in a workmanlike manner and that the artwork will be free of defects in workmanship, fabrication, materials, or installation, and that Contractor will, at Contractor's own expense, remedy any defects found in the artwork due to faulty workmanship, fabrication, materials, or installation for a period of two (2) years after the final acceptance of the artwork by the City. Contractor shall repair or replace in the City's sole discretion and at no additional cost to the City any portion of the artwork that is found to be defective during the warranty period.
4. Contractor warrants to the City that the artwork will not require maintenance substantially in excess of that described in the maintenance recommendations to be provided by Contractor to the City set forth herein.
5. With the exception of damage due to vandalism or accident by any person other than Contractor or persons under Contractor's employ, direction, or supervision, Contractor warrants that the artwork will not contain any defect in design or construction including any defect which may be a hazard or a danger to the health and safety of the public and further agrees to cooperate in making or permitting adjustments to the work, if necessary, to eliminate hazards or potential hazards which become apparent after the artwork is accepted by the City.
6. Contractor represents and warrants that the artwork and the materials used are not currently known to be harmful to public health and safety.
7. Contractor agrees that no work or Services funded by this Contract shall inhibit, promote, or convey a religion, a political party or position, or a religious or political message or advocacy.
8. These representations and warranties shall survive the termination or other extinction of this Contract.
9. As a condition of and prior to final acceptance of the artwork by the City, Contractor will supply the City with maintenance instructions for the artwork.
10. The City is responsible for the proper care and maintenance of the artwork. During the lifetime of the artwork, Contractor will supply at no cost to Contractor, and at no charge to the City, advice as to problems arising in relation to maintenance of the artwork.
11. The City shall make every reasonable effort to consult with Contractor concerning repairs to the Artwork. The City reserves the right to obtain competitive bids and to choose the highest quality and least expensive vendor for all repairs and restoration. In the event that the City makes repairs or restoration not approved by Contractor, Contractor shall have the right, at Contractor's sole option, to have Contractor's association with the Artwork severed.

The Contractor shall establish and maintain Identity Theft policies, procedures and controls for the purpose of assuring that “personal identifying information,” as defined by A.R.S. § 13-2001(10), as amended, contained in its records or obtained from the City or from others in carrying out its responsibilities under the Contract, is protected at all times and shall not be used by or disclosed to unauthorized persons. Persons requesting such information should be referred to the City. Contractor also agrees that any “personal identifying information” shall not be disclosed other than to employees or officers of Contractor as needed for the performance of its duties under the Contract. Contractor agrees to maintain reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft. Contractor is required under this contract to review the City of Surprise’s Identity Theft Program and to report to the Program Administrator any Red Flags as defined within that program. At a minimum, the Contractor shall have all of the following Identity Theft procedures in place:

A. Solicit and retain only the “personal identifying information” minimally necessary for business purposes related to performance of the Contract.

B. Ensure that any website used in the performance of the Contract is secure. If a website that is not secure is to be used, the City shall be notified in advance before any information is posted. The City reserves to right to restrict the use of any non-secure websites under this Contract.

C. Ensure complete and secure destruction of any and all paper documents and computer files at the end of the contracts retention requirements.

D. Ensure that office computers are password protected and that computer screens lock after a set period of time.

E. Ensure that offices and workspaces containing customer information are secure.

F. Ensure that computer virus protection is up to date

Contractor must establish and maintain procedures and controls that are acceptable to the City for the purpose of ensuring that information contained in its records, on its servers or any cloud-based storage solution, or obtained from the City or from others in carrying out its obligations under this Contract will not be used or disclosed by Contractor, 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 will not be divulged other than to employees, agents, or officers of the Contractor as needed for the performance of duties under this Contract. Contractor understands and agrees that any and all customer information, meter reads, consumption history, and/or other information or data obtained by Contractor in the performance of this Contract are the sole and exclusive property of the City of Surprise. The City of Surprise exclusively owns and controls said customer information, meter reads, consumption history, and/or other information or data regardless of where or how Contractor elects to collect or store said information or data.