County of Gila, AZ

REQUEST FOR PROPOSAL

RFP-08032025

PLEASANT VALLEY VETERANS RETREAT GENERATOR

INSTALLATION

BIDDER’S INFORMATION

CONTRACT DOCUMENTS AND SPECIFICATIONS

BOARD OF SUPERVISORS

Stephen Christensen, Chairman

Woody Cline, Vice Chairman

Tim R. Humphrey, Member

COUNTY MANAGER

James Menlove

Request For Proposal #RFP-08032025

Pleasant Valley Veterans Retreat Generator Installation

TABLE OF CONTENTS

1. Notice of Request for Proposals

2. Intent

3. Project Background

4. Scope of Work

5. Deliverables

6. Qualifications

7. Proposal Requirements

8. Evaluation Criteria

9. Instructions to Offerors

10. RFP General Terms and Conditions

11. RFP Contract Award Agreement-SC

12. Minimum Specifications

13. Vendor Questionnaire

Attachments:

A - ACCEPTANCE OF OFFER (Informational Only, Do Not Fill Out)

B - Hard copy offerors only: QUALIFICATION AND CERTIFICATION FORM

C - Hard copy offerors only: REFERENCE LIST

D - Hard copy offerors only: PRICE SHEET

E - Hard copy offerors only: CERTIFICATION REGARDING DEBARMENT SUSPENSION

AND OTHER RESPONSIBILITY MATTERS

F - Hard copy offerors only: CERTIFICATION OF INTENTIONS CONCERNING

SUBCONTRACTING

G - Hard copy offerors only: LEGAL ARIZONA WORKERS ACT COMPLIANCE

CERTIFICATION

H - Hard copy offerors only: ISRAEL BOYCOTT CERTIFICATION

I - Hard copy offerors only: CERTIFICATION OF NO FORCED LABOR

J - Hard copy offerors only: OFFEROR'S CHECKLIST & ADDENDA ACKNOWLEDGMENT

K - Hard copy offerors only: OFFER PAGE

Pleasant Valley Veterans Retreat Generator Installation Page 1

1. Notice of Request for Proposals

1.1. Notice

Notice is hereby given that Gila County is requesting proposals from qualified firms for

Pleasant Valley Veterans Retreat Generator Installation.

Competitive sealed proposals for the specified material or service shall be received by the Gila

County Procurement Group until the date and time shown below. Proposals received by the correct time and date shall be publicly recorded. Gila County takes no responsibility for informing recipients of changes to the original solicitation document. Failure to acknowledge addendums with the solicitation response may be grounds for deeming submittal non-responsive.

Proposals submitted electronically must be received through the Gila County Procurement Portal prior to 3:30 pm on Thursday, June 4, 2026. Hard Copy proposals must be in the actual possession of the Gila County Procurement Group before the stated deadline. Late proposals shall not be considered. For proposals submitted electronically through the Gila County Procurement Portal, the official time shall be the time recorded by the Gila County Procurement Portal at the time of submission. For hard copy proposals, the official time shall be the time recorded by the clock (date stamp and time stamp) located in the Gila County Procurement Office at the location identified below.

Submission Methods

Proposals may be submitted by either of the following methods:

(1) Electronic Submission (Preferred Method). Offerors may submit proposals electronically through the Gila County Procurement Portal at https://procurement.opengov.com/portal/gilacountyaz. Offerors must complete the Vendor

Questionnaire and upload all required documents and forms within the portal prior to the solicitation deadline.

(2) Hard Copy. Offerors may submit a sealed proposal in accordance with the requirements contained in the solicitation. Offerors choosing this method must download the required forms from the Gila County Procurement Portal or request them from the Procurement Officer listed below, complete them, and submit package to the location listed below in a sealed envelope. The project number and the offeror's name and address should be clearly indicated on the outside of the envelope. Failure to clearly indicate project number, name, and address on the outside of the bid package or envelope may be cause for the proposal to be deemed invalid. All proposals must be completed in ink or typewritten. Faxed or emailed proposals will not be accepted. Questions must be addressed to the procurement officer listed below.

https://procurement.opengov.com/portal/gilacountyaz

Pleasant Valley Veterans Retreat Generator Installation Page 2

PROJECT NUMBER: RFP-08032025

PROJECT TITLE: Pleasant Valley Veterans Retreat Generator Installation

DEADLINE FOR ALL SUBMISSIONS: 3:30 pm at Thursday, June 4, 2026

DEADLINE FOR ALL QUESTIONS: 3:30 pm at Thursday, May 28, 2026

SUBMITTAL LOCATION FOR HARD COPIES ONLY: Gila County Finance Department

Mail To: 1400 East Ash Street, Globe, Arizona 85501

Hand-Deliver To: 1350 East Monroe Street, Globe, Arizona 85501

DIRECT WRITTEN QUESTIONS TO:

Olivia M. Todd otodd@gilacountyaz.gov

(928) 402-8746

The Board of Supervisors reserves the right to reject any or all proposals, to accept any proposals, or to waive any informality in any proposals, or to withhold the award if deemed in the best interest of Gila County. All procurement activities conducted by Gila County are in conformance with the rules and regulations in the Gila County Procurement Code. A copy of the code is available for review in the Clerk of the Board’s office, Globe, Arizona.

Dates advertised in the Payson Roundup: May 1, 2026, and May 8, 2026

2. Intent

PROJECT SUMMARY

This project encompasses the complete procurement, delivery, installation, electrical and gas integration, testing, and commissioning of five (5) new propane standby backup generators across five (5) separate structures located at the Pleasant Valley Veterans Retreat in Young, Arizona. The project objective is to ensure uninterrupted power supply during outages to support site operations and community use.

Completion of this project also requires that each building has a reliable, code-compliant backup power system that meets or exceeds Environmental Protection Agency (EPA), National Electrical Code (NEC), National Fire Protection Association (NFPA), and local Authority Having Jurisdiction (AHJ) requirements.

Each system must include all components required for independent operation including automatic transfer switches (ATS), fuel supply integration, electrical connections, site work, commissioning, warranty, and training. Safe, clean, and professional installation standards must be maintained. Upon completion, the

Contractor must deliver documented commissioning, training, and post-installation support.

Contractor shall provide engineered drawings stamped by a licensed Professional Engineer registered in

Arizona for the following components:

• Electrical single-line diagrams mailto:otodd@gilacountyaz.gov

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• Structural design of generator pads

• Fuel gas piping layout

• Site plan showing equipment locations and clearances

These shall be submitted to the County for review and included in the permitting package.

Potential Offerors are required to attend the site visit to be eligible to bid on the project:

Mandatory Site Visit: Thursday, May 21, 2026, at 10:30 AM Arizona Time

For the purposes of this Request for Proposals, "Offeror" is defined as an individual or entity who submits a proposal.

The County may choose to award this contract, or make multiple awards, depending on what is deemed to be in the County's best interest considering price, specifications, and delivery date. The request for price of an item does not guarantee a purchase but merely provides the County with the option if the need arises.

Offerors who agree to provide the Minimum Bid Specifications for this Request for Proposals shall be considered for award.

3. Project Background

4. Scope of Work

4.1. Scope of Work

1. Generator Specification and Delivery.

• Furnish five (5) propane-powered generators, each appropriately sized for the intended load (kW).

• Contractor shall provide engineered drawings stamped by a licensed Professional Engineer registered in Arizona for the following components:

o Electrical single-line diagrams o Structural design of generator pads o Fuel gas piping layout o Site plan showing equipment locations and clearances.

These shall be submitted to the County for review and included in the permitting package.

• Include factory-supplied automatic transfer switch (ATS), battery, weather/sound-attenuated enclosure, vibration isolators, and integrated control panel.

• Generators must meet or exceed:

o EPA Tier III or IV

Pleasant Valley Veterans Retreat Generator Installation Page 4 o UL 2200 Certified o Performance rating: Minimum 5,000 feet above sea level o Enclosure rating: Minimum National Electrical Manufacturers Association (NEMA) 3R o Decibel rating: ≤ 72 dBA at seven (7) meters under full load.

• Include manufacturer warranty documentation [minimum two (2) years, parts and labor].

• Require a minimum runtime (e.g., "minimum 48 hours at 100% load") for appropriately-sized tanks.

2. Load Analysis and Coordination.

• Contractor shall conduct site load analysis for each building (if not already provided) to confirm appropriate generator sizing (kW).

• Submit load calculations and proposed unit specifications for County review and approval prior to equipment order.

3. Site Work and Preparation.

• Perform site-specific assessments for:

o Generator placement (clearances, pad location, proximity to building, code compliance) o Existing utility infrastructure (coordinate 811 locate).

• Excavate and install concrete pads with dimensions based on manufacturer requirements + 12" buffer, including:

o Rebar reinforcement o Vapor barrier o Minimum 4,000 PSI strength.

• Restore all affected surfaces (gravel, soil, vegetation, pavement, etc.) to pre-installation condition.

4. Electrical Integration.

• Provide all necessary labor and materials for safe and code-compliant electrical interconnection:

o Run conduit from generator to main service panel o Install ATS with remote monitor capability (preferred) o Provide updated single-line diagrams

Pleasant Valley Veterans Retreat Generator Installation Page 5 o Label panels and circuits per NEC o Ensure coordination with County IT/data systems if communication wiring is needed.

• All electrical work must be performed by a licensed electrician.

• All panels to include arc flash hazard labels and breaker coordination study to be provided if interconnection affects multiple downstream loads.

5. Propane Integration.

• Contractor shall submit gas line sizing and routing drawings, reviewed and stamped by a licensed mechanical engineer to ensure compliance with NFPA 58 and manufacturer fuel supply requirements.

• Furnish and install propane gas lines from generator to liquefied petroleum (LP) tank connection point.

• Coordinate with County to determine whether LP tanks are supplied by the County or if Contractor shall provide as bid alternate.

• Contractor responsible for tank mounting pads, bollards, or protective fencing (if exposed to vehicular traffic) and compliance with separation distances per NFPA 58.

• Ensure:

o Regulator installation o Leak testing o Compliance with NFPA 58 (LP Gas Code).

6. Permitting and Inspections.

• Contractor shall secure and include all required permits and inspections:

o Electrical permit o Fuel gas permit o Local/County authority inspections o Final commissioning approval.

• All costs for permitting shall be included in the bid price.

7. Testing and Commissioning.

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• All as-built documentation must be verified by the responsible engineer(s) for each discipline and include final redlines and certification of system integrity.

• Perform complete system startup and commissioning to manufacturer standards and County satisfaction, including:

o Full functional check (start/stop/transfer) o Minimum two (2)-hour load test per generator o Alarm and shutdown simulation o Final inspection walkthrough

• Provide written commissioning report for each unit.

• County representative must be present during all commissioning.

8. Training and Documentation.

• Provide on-site user training to County-designated personnel at each site.

• Training must occur within seven (7) calendar days of system commissioning and include printed and digital operations and maintenance (O&M) materials.

• Training must cover:

o Generator startup/shutdown procedures o ATS operation o Alarm codes and reset procedures o Basic maintenance and safety.

• Submit full O&M materials, service contracts, and warranty information at closeout.

• Provide training sign-in sheet as documentation.

9. Schedule and Project Controls.

• Submit a project schedule within ten (10) days of award, including:

o Equipment lead times o Mobilization o Pad pour o Installation o Testing/Commissioning.

Pleasant Valley Veterans Retreat Generator Installation Page 7

• Provide biweekly updates via email or County-preferred format, noting any delays or risks.

10. Add Alternate (Bid Separately).

Installation of weatherproof enclosures. If generators are not delivered with weather/sound-attenuated enclosures, provide separate line-item bid for:

• Supply and install of aluminum or powder-coated steel enclosures

• Weatherproofing and venting features

• Foundation and anchoring costs

• Enclosures must reduce operating noise to ≤ 70 dBA at seven (7) meters and maintain NEMA 3R equivalent protection.

4.2. County Responsibilities

The County shall:

• Provide access to all building electrical panels and service infrastructure.

• Provide final decision on whether County or Contractor is supplying propane tanks.

• Designate personnel for walkthroughs, inspections, and training attendance.

• Review and approve generator model, size, and location before ordering.

5. Deliverables

DELIVERABLES CHECKLIST

• Milestone submittals

• Site-specific load calculation reports

• Generator submittals (model, size, features)

• Site and utility layouts

• Electrical one-line diagrams

• Commissioning reports

• O&M manuals and warranty documents

• Training records

• Permit copies

• As-built documentation, in both PDF and CAD formats.

• Pre- and post-installation photo documentation

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• In-progress photo documentation of critical concealed items, including open trench and pre-pour

• Generator model cut sheets, ATS specs, and enclosure diagrams

• Inspection sign-offs.

COMPLETION AND CLOSEOUT

• Provide notification of Substantial Completion.

• Perform final walkthrough with County.

• Submit final project documentation.

• Receive written acceptance from County Facilities representative.

6. Qualifications

CONTRACTOR QUALIFICATIONS

• Licensed, bonded, and insured for electrical, mechanical, and fuel work.

• Documented experience on three (3) similar generator installation projects in the past five (5) years.

• Must provide references and be able to mobilize within 21 calendar days of contract execution.

CONTRACTOR REQUIREMENTS

Contractor shall:

• Submit a comprehensive, itemized cost proposal clearly delineating all expenses related to the scope of work including, but not limited to, labor, materials, service agreements, and ancillary services.

• Submit and maintain a comprehensive project schedule, updated biweekly to reflect significant schedule changes.

• Include all required permitting fees and inspections in their proposal.

• Provide upon project completion all warranty documents, manuals, and any other reference materials.

ENGINEERING REQUIREMENTS

Contractor shall ensure all designs are compliant with applicable codes and reviewed by licensed engineers as follows:

Pleasant Valley Veterans Retreat Generator Installation Page 9

• Electrical Engineering. All generator sizing, load calculations, and interconnection plans shall be reviewed and stamped by a licensed electrical engineer registered in Arizona.

• Structural Engineering. Generator pads shall be designed in accordance with local code and site-specific conditions, with stamped plans submitted prior to pour.

• Mechanical Engineering. Propane gas piping layouts and sizing shall be reviewed and stamped by a licensed mechanical engineer.

• As-Builts and Final Testing. Final system documentation and commissioning reports shall be reviewed and signed by the responsible engineers to confirm system compliance and integrity.

Stamped drawings and reports must be submitted with permitting packages and at closeout.

7. Proposal Requirements

Offerors are responsible for ensuring that all required information, forms, and certifications are included in their proposal submission. Required components include the following:

Required Forms and Certifications

• Qualification and Certification Form

• Reference List

• Price Sheet

• Certification Regarding Debarment, Suspension, and Other Responsibility Matters

• Certification of Intentions Concerning Subcontracting

• Legal Arizona Workers Act Compliance Certification

• Israel Boycott Certification

• Certification of No Forced Labor

• Offer Page

Required for Hard Copy Submissions Only

• Offeror's Checklist & Addenda Acknowledgment

Proposal Narrative

The proposal must include the following information:

• Cover Letter

Pleasant Valley Veterans Retreat Generator Installation Page 10

• Project Team

• Project Approach and Methodology

• Timeline

• Budget

• Samples of Previous Work

SUBMISSION INSTRUCTIONS

Electronic Submissions

Offerors submitting proposals through the Gila County Procurement Portal shall complete the

Vendor Questionnaire and upload all required forms and proposal documents as instructed within the portal. Forms requiring completion must be downloaded, completed, and uploaded as part of proposal submission.

Addenda issued for the solicitation must be acknowledged electronically through the Gila County

Procurement Portal prior to submission.

Hard Copy Submissions

Offerors submitting hard copy proposals must download the required forms packet included with the solicitation and submit all required forms and proposal materials with the proposal.

Hard copy proposals must include: One (1) original proposal with original signatures and two (2) additional copies for a total of three (3) submissions.

Hard copy submissions must include a completed Offeror's Checklist & Addenda

Acknowledgment form acknowledging receipt of all issued addenda.

8. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Technical Approach & Project

Understanding

Considerations: Completeness of approach to all five (5) sites; generator sizing methodology and load validation; electrical + propane integration approach; code compliance (NEC, NFPA 58, EPA, AHJ); commissioning, testing, and training plan; and risk identification and mitigation strategies.

0-100 Points 25 (25% of Total)

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2. Experience & Qualifications

Considerations: At least three (3) similar generator installations within the last five (5) years (scale and complexity matters); experience with multi-side deployments; experience with propane systems + ATS integration; quality of references; past performance (on-time, on-budget, minimal issues).

0-100 Points 20 (20% of Total)

3. Key Personnel & Staffing

Considerations: Licensed electricians, mechanical contractors, PE involvement; roles and responsibilities clarity; availability and capacity; use of subcontractors (and their qualifications)

0-100 Points 10 (10% of Total)

4. Project Schedule & Delivery

Considerations: Mobilization within 21 days

(required); equipment lead times; sequencing across five (5) sites; commissioning timeline;

identification of critical path risks.

0-100 Points 10 (10% of Total)

5. Cost Proposal

Considerations: Total project cost (all-inclusive); clarity and itemization; inclusion of permits, engineering, commissioning; cost reasonableness (not just lowest); add alternates

(e.g., enclosures).

0-100 Points 20 (20% of Total)

6. Compliance & Completeness

Considerations: All required forms submitted;

addenda acknowledged; certifications completed; no material deviations.

0-100 Points 5 (5% of Total)

7. Warranty, Support, & Post-Installation

Services

Considerations: Warranty terms beyond minimum; service response times; maintenance support availability; local support presence.

0-100 Points 5 (5% of Total)

8. Safety & Quality Control

Considerations: Safety program (OSHA compliance, LOTO procedures); QA/QC processes; inspection and testing protocols

0-100 Points 5 (5% of Total)

9. Instructions to Offerors

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9.1. Instructions

Preparation of Proposals

1. Gila County invites proposals from qualified and experienced Offerors capable of providing the products and/or services described in this solicitation. The purpose of this solicitation is to establish a contract with the Offeror whose proposal is determined to be most advantageous to Gila County, taking into consideration evaluation factors set forth in this solicitation.

2. Before submitting its offer, each Offeror shall familiarize itself with the Scope of Work, laws, regulations, and other factors affecting performance of the work. Offeror shall carefully correlate its observations with requirements of the solicitation and otherwise satisfy itself of the expense and difficulties attending the performance of the work.

The submission of an offer will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment other than that provided for by the contract for lack of such familiarization.

3. Offerors are responsible for ensuring that all required forms, certifications, and documentation contained in this solicitation are fully completed and submitted with the offer. Failure to include required documentation may result in the offer being deemed non-responsive.

4. Where required, proposals shall be signed by an individual authorized to bind the Offeror contractually. The name and title of the authorized representative shall be clearly printed beneath the signature. The County may require evidence of such authority.

5. The full legal name of each individual, partnership, corporation, or other entity interested in the solicitation shall be listed on the Offer Page.

6. No alterations in proposals shall be made except where authorized by the solicitation documents.

Any corrections or changes must be initialed by the authorized representative of the Offeror.

9.2. Submission of Proposals

Proposals may be submitted either electronically through the Gila County Procurement Portal or by hard copy submission. Offerors shall submit proposals using only one method.

1. Electronic Submission (Preferred Method). Offerors may submit proposals electronically through the Gila County Procurement Portal. Electronic submissions must:

o Be uploaded through the Vendor Questionnaire associated with the solicitation.

o Include all required forms, certifications, and attachments.

o Contain electronic signatures or scanned signatures where signatures are required.

o Be fully submitted prior to the deadline stated in the solicitation.

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The Offeror is solely responsible for ensuring their offer is successfully uploaded prior to the submission deadline. The County is not responsible for technical issues experienced by the

Offeror.

Electronic submissions will not be accepted by the portal after the submission deadline.

2. Hard Copy Submission. Offerors choosing to submit a hard copy offer must download all required solicitation forms from the Gila County Procurement Portal or request a packet via email to the Procurement Officer listed on the Notice in this solicitation; complete them; and submit them in accordance with the requirements detailed in the Hard Copy Submission Format section of these Instructions to Offerors.

By signature on the Offer Page, Offeror certifies:

1. The submission of the offer did not involve collusion or other anti-competitive practices.

2. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer.

3. In order to conserve resources, reduce procurement costs, improve timely acquisition and cost of supplies and to improve efficiency and economy of procurement, any political subdivision, State, County, City, Town, etc., of the State of Arizona will be allowed by the

Offeror(s) awarded the contract to provide the same services, at the same prices stated in the proposal. Delivery charges may differentiate depending on geographic location.

9.3. Addenda

Any changes to the solicitation will be issued by written addendum.

Offerors submitting proposals electronically shall acknowledge receipt of addenda through the

Gila County Procurement Portal.

Offerors submitting hard copy proposals must acknowledge receipt of all addenda by completing the Offeror Checklist & Addenda Acknowledgment Form and including it in the submission package. If no addenda have been issued, please indicate so by writing "Not Applicable" in the space provided under #1. The Offeror Checklist & Addenda Acknowledgment Form must be signed and dated and all addenda acknowledged by initials and date.

Failure to acknowledge addenda may result in the offer being deemed non-responsive.

9.4. Inquiries

All questions, requests for clarification, or other inquiries regarding this solicitation should be submitted through the Question & Answer feature within this solicitation (project) on the Gila

County Procurement Portal. Questions submitted through the portal will be visible to the County and responses will be posted for all prospective Offerors.

Pleasant Valley Veterans Retreat Generator Installation Page 14

As an alternative, inquiries may be submitted in writing to the Procurement Officer identified in the Notice at the address or email listed therein. Written inquiries must clearly reference the solicitation number and title. Offeror must not place the solicitation number and title on the outside of an envelope containing inquiries since such an envelope may be identified as a sealed proposal and may not be opened until after the official solicitation due date and time.

Questions received after 3:30 pm on Thursday, May 28, 2026 will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

9.5. Late Proposals

Any proposals received later than 3:30 pm on Thursday, June 4, 2026 will be not be opened or read. Late proposals shall not be considered. Any Offeror submitting late proposals shall be so notified.

Attempts to submit a late response electronically will be blocked by the Gila County Procurement portal and will not be accepted or seen.

9.6. Hard Copy Submittal Proposal Format

Hard copy proposals shall:

• Be submitted in a sealed envelope or package.

• Clearly display the following information on the outside of the envelope or package:

RFP-08032025

Pleasant Valley Veterans Retreat Generator Installation

Thursday, June 4, 2026

3:30 pm

Offeror Name

Offeror Address

Hard copy proposals must be delivered to the location identified in the Notice prior to the solicitation due date and time.

Offerors submitting hard copy proposals shall provide:

• One (1) original with original signatures

• Two (2) copies

The County will not be liable for any cost incident to the preparation of proposals, materials, reproductions, presentations, copyright infringements, etc. It is permissible to copy these forms if required. Facsimiles or emailed proposals shall not be considered. Spiral bound proposals are

Pleasant Valley Veterans Retreat Generator Installation Page 15 not permitted. Failure to include all required documents, all with original signatures, may invalidate the proposal.

9.7. Modification or Withdrawal of Offers

An Offeror may modify or withdraw its hard copy offer at any time prior to 3:30 pm on Thursday, June 4, 2026 by providing written notice to the County. Offers submitted through the Gila County

Procurement Portal may be modified or withdrawn through the Portal prior to 3:30 pm on

Thursday, June 4, 2026. After the deadline, proposals may not be modified or withdrawn.

9.8. Errors and Omissions

The County is not responsible for errors or omissions made by the Offeror in preparing the offer.

Negligence in preparing an offer confers no right to the Offeror unless the Offeror discovers and corrects such errors prior to the solicitation deadline. Offerors are responsible for verifying the accuracy of all information submitted.

10. RFP General Terms and Conditions

10.1. Pre-Bid Award Review

After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed non-responsive. Unsigned proposals, unacknowledged addenda, incomplete proposals, nonconformance with mandatory requirements, etc., may result in the determination of non-responsive.

Subsequent to initial review, all remaining proposals shall be reviewed by the County department overseeing the project to evaluate the information submitted, perform tests when necessary, and make comparisons in order to approve or reject the proposal. If rejected, the Gila County Procurement Group shall give written notice to the Offeror.

10.2. Evaluation of Proposal and Negotiations

The Finance Director may appoint a selection committee to evaluate the proposals and make a recommendation based on the criteria set forth in the solicitation. The Board of Supervisors shall not act in the capacity of the selection committee. Proposals shall be evaluated on the factors set forth in the solicitation.

For the purpose of conducting negotiations, the County shall determine what proposals are susceptible for being selected for award. A determination that an offer is unacceptable shall be in writing, state the basis of the determination, and be retained in the County files. If it is determined an offer is not reasonably susceptible of being selected for award, the Offeror shall be notified and shall not be afforded an opportunity to modify its proposal.

10.3. Negotiations with Individual Contractors

Gila County may establish procedures and schedules for conducting negotiations. Disclosure of an

Offeror's price or any information derived from competing offer prices, or any information derived from competing offers, is prohibited.

Pleasant Valley Veterans Retreat Generator Installation Page 16

1. Any response to a request for clarification of an offer shall be in writing.

2. Gila County shall keep a record of all negotiations.

For the purposes of conducting negotiations with Offerors, Gila County may use any of the following methods that, in their judgment, best meets the unique requirements.

1. Concurrent Negotiations. Negotiations may be conducted concurrently with responsible

Offerors for the purpose of determining source selection and/or contract award.

2. Exclusive Negotiations. A determination may be made by the Finance Director to enter into exclusive negotiations with the responsible Offeror whose proposal is determined in the selection process to be most advantageous to the County.

Exclusive negotiations may be conducted subsequent to concurrent negotiations or may be conducted without requiring previous concurrent negotiations.

1. A determination to conduct exclusive negotiations shall not constitute a contract award nor shall it confer any property rights to the successful Offeror.

2. If exclusive negotiations are conducted and an agreement is not reached, the County may enter into exclusive negotiations with the next highest rank Offeror without the need to repeat the formal solicitation process.

10.4. Award of Contract

The Gila County Board of Supervisors reserves the right to award any, all or some proposals, by individual line item, by group of line items, or as total, or any part thereof, whichever is deemed to be in the best interest of and most advantageous to the County of Gila.

Notwithstanding any other provisions of the Request for Proposals, the County reserves the right to:

1. Waive any immaterial defects or informalities; or

2. Reject any or all proposals or portions thereof; or

3. Reissue a Request for Proposals.

It is the responsibility of the Gila County Board of Supervisors to let the County contracts to the

Offeror who, in their sole determination, provides the offer that is most advantageous to the

County. To ensure that all Offerors are experienced, reasonably equipped, and adequately financed to meet their contractual obligations, a determination of responsibility shall be made by the Gila

County Board of Supervisors prior to contract award.

Further, the County reserves the right to reject the offer of any Offeror(s) who has previously failed to perform adequately after having once been awarded a prior proposal for furnishing and installing materials similar in nature or providing similar services.

Pleasant Valley Veterans Retreat Generator Installation Page 17

All submitted forms provided in this solicitation will be reviewed by the Gila County Board of

Supervisors.

Those Offeror(s) who, in the opinion of the Gila County Board of Supervisors, are best qualified and whose proposals are most advantageous to the County, may be invited to appear before the

Board for an oral review.

The apparent successful Offeror(s) shall sign and file with the County, within ten (10) days after the date of the Notice of Intent to Award, all documents necessary to successfully execute the

Contract.

10.5. Protests

Only other Offerors who have submitted a timely proposal under this solicitation have the right to protest. A protest of an award must be filed within ten (10) days after the issuance of notification of award or issuance of notice of intent to award. A protest must be in writing and must include:

1. Name, address, and telephone number of the protester.

2. Signature of the protester or its representative and evidence of authority to sign.

3. Identification of the contract and the solicitation or contract number.

4. Detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. The form of relief requested.

All protests shall be sent to the attention of the Procurement Officer, Gila County Finance

Department, 1400 East Ash Street, Globe, Arizona 85501.

10.6. Laws and Ordinances

This Contract shall be governed and enforced under the laws of the State of Arizona and Gila

County. Offeror shall maintain in current status all federal, state, and local licenses and permits required for the operation of the business conducted by the Offeror. The Offeror shall comply with the applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C.

12101-12213) and applicable federal regulations under the Act.

11. RFP Contract Award Agreement-SC

11.1. Contract Preamble

GILA COUNTY

CONTRACT NO. RFP-08032025

Pleasant Valley Veterans Retreat Generator Installation

Pleasant Valley Veterans Retreat Generator Installation Page 18

THIS AGREEMENT, made and entered into this ________ day of ____________________, 20_____, by and between Gila County, a political subdivision of the State of Arizona, party of the first part, hereinafter designated "County," and ______________________________ of the

__________________________, State of _______________, party of the second part, hereinafter designated "Contractor."

WITNESSETH: That said Contractor, for an in consideration of the sum to be paid them by

County, in the manner and at the time hereinafter provided, and of the other covenants and agreements herein contained, and under the penalties expressed in the bond hereto attached, hereby agrees for themselves, their heirs, administrators, successors, and assigns as follows:

11.2. ARTICLE 1 - DEFINITIONS

“Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer.

“Contract” means the combination of the Request for Proposals, including the Intent, Project

Background, Scope of Work, Deliverables, Qualifications, Proposal Requirements, Instructions to

Offerors, RFP General Terms and Conditions, Minimum Specifications, and Vendor

Questionnaire; the Offer and any best and final Offers; and any Request for Proposal Addenda or

Contract Amendments.

“Contract Amendment” means a written document signed by the Gila County Board of Supervisors or the County Manager or their designee that is issued for the purpose of making changes in the

Contract.

“Contractor” means any person who has a Contract with the County.

“County” means Gila County and any Department or Office of the County.

“County Board of Supervisors” means the contracting authority for the County. The County

Manager is authorized to sign contracts and amendments up to $50,000 on behalf of the Board of

Supervisors.

“Days” means calendar days unless otherwise specified.

“Director” means the Finance Director (Chief Financial Officer) for Gila County.

“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.

“Fiscal Year” means the period beginning July 1 and ending June 30.

“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

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“Materials” means all property, including equipment, supplies, printing, insurance, and leases of property but does not include land, a permanent interest in land or real property, or leasing space.

“May” means something that is not mandatory but permissible.

“Office or User Department” means the County elected official’s office or County division responsible for managing the Contract and/or the project.

“Offer” means bid, proposal, or quotation.

“Offeror” means a vendor who responds to a Solicitation.

“Procurement Officer” means the person, or his or her designee, duly authorized by the County to administer Contracts and make written determinations with respect to the Contract.

“Services” means the furnishing of labor, time, or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

“Shall, Will, Must” means a mandatory requirement.

“Should” means something that is recommended but not mandatory.

“Solicitation” means an Informal Bid Request (“IBR”), Invitation for Bids (“IFB”), Request for

Proposals (“RFP”), Request for Qualifications (“RFQ”), or Request for Quotations (“RFQ”).

“Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract.

11.3. ARTICLE 2 - SCOPE OF WORK

2.1 Scope of Work. Contractor shall provide the products and/or services described in the

Scope of Work in Request for Proposals No. RFP-08032025 - Pleasant Valley Veterans

Retreat Generator Installation, which is incorporated herein by reference, together with

Contractor's Offer as accepted by the County. In the event of a conflict between the RFP and

Contractor's Offer, the RFP shall govern unless otherwise expressly agreed in writing.

2.2 Once the proposal has been awarded, the proposal number RFP-08032025 will become the contract number.

11.4. ARTICLE 3 - CONTRACT INTERPRETATION

3.1 Arizona Law. This Contract shall be governed by the law of the State of Arizona, and suits pertaining to this Contract shall be brought only in the Gila County Superior Court, Globe, Arizona.

3.2 Implied Contract Terms. Each provision of law and any terms required by law to be in this

Contract are a part of this Contract as if fully stated in it.

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3.3 Contract Order of Precedence. In the event of a conflict in the provisions of the contract, as accepted by the County and as they may be amended, the following shall prevail in the order set forth below:

3.3.1 Special Terms and Conditions;

3.3.2 Uniform Terms and Conditions;

3.3.3 Statement of Scope of Work;

3.3.4 Specifications;

3.3.5 Attachments;

3.3.6 Exhibits;

3.3.7 Documents referenced or included in the solicitation.

3.4 Relationship of Parties. Contractor under this Contract is an independent contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the contract.

3.5 Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the contract.

3.6 No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

3.7 No Waiver. Either party's failure to insist on strict performance of any term or condition of the contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

11.5. ARTICLE 4 - CONTRACT ADMINISTRATION AND OPERATION

4.1 Notice to Proceed/Ordering Authority. Contractor agrees to render goods or services promptly and diligently upon receipt of a written purchase order or notice to proceed. Prior to receiving this notice, Contractor shall not commence any billable activities in the performance of the Contract.

Any attempt to represent any product not specifically awarded under this Contract is a violation of the contract. Any such action is subject to the legal and contractual remedies available to the

County inclusive of, but not limited to, contract termination, suspension and/or debarment of a

Contractor. A signed Contract and valid purchase order must be in place prior to the start of any work each year, including renewal periods.

4.2 Records. Under A.R.S. § 35-214 and § 35-215, Contractor shall retain and contractually require each subcontractor to retain all data and other "records" relating to the acquisition and performance of the contract for a period of five (5) years after the completion of the contract. All records shall be subject to inspection and audit by the County at reasonable times. Upon request, Contractor shall produce a legible copy of any or all such records.

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4.3 Non-Discrimination. Contractor shall comply with State of Arizona Executive Order No.

2009-9 and all other applicable Federal and State laws, rules, and regulations, including the

Americans with Disabilities Act.

4.4 Contractor Business Facilities and Business Practices. Contractor's personnel, facilities, and equipment shall be in full compliance with all applicable federal, state, and local health, environmental, and safety laws, regulations, standards, ordinances, privilege license and permit requirements, whether or not they have been referenced by the County.

Employee compensation shall meet all applicable requirements of the Fair Labor Standards Act and Federal and Arizona minimum wage laws, in addition to all applicable OSHA regulations.

Contractor bears full responsibility for employee training, safety, and providing necessary equipment to achieve compliance with all such laws and regulations prior to the contract commencement date and to maintain compliance throughout the duration of the contract.

4.5 Drug-Free Workplace Program. Contractor is hereby advised that Gila County has adopted a policy establishing a drug-free workplace for itself and as a requirement for Contractors doing business with the County, to ensure the safety and health of employees working on its contracts/projects. Contractor shall require a drug-free workplace for all employees working under the contract. Specifically, all Contractor employees who are working under this Contract shall be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all employees and shall ensure that employees do not use or possess illegal drugs while in the course of performing their duties. Failure to require a drug-free workplace in accordance with the Policy may result in termination of the contract and possible debarment from bidding on future contracts/projects.

4.6 Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and six (6) years thereafter, Contractor's or any subcontractor's books and records shall be subject to audit by the County and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the contract or subcontract.

4.7 Facilities Inspection and Materials/Service Testing. Contractor agrees to permit access to its facilities, subcontractor facilities, and Contractor's processes or services, at a reasonable time for inspection of the facilities or materials covered under this Contract. County shall also have the right to test, at its own cost, the materials to be supplied under this Contract. Neither inspection of

Contractor's facilities nor materials testing shall constitute final acceptance of the materials or services. If County determines noncompliance of the materials, Contractor shall be responsible for the payment of all costs incurred by County for testing and inspection. All material or service is subject to final inspection and acceptance by County. Material or service failing to conform to the specifications of this Contract shall be held at Contractor's risk and may be returned. If defective goods are returned or services must be re-performed, all costs are the responsibility of Contractor.

4.8 Notices. Notices to Contractor required by this Contract shall be made by County to the person indicated on the Offer and Acceptance of Offer forms submitted by Contractor unless otherwise stated in the Contract. Notices to County required by the Contract shall be made by Contractor to

Pleasant Valley Veterans Retreat Generator Installation Page 22 the Solicitation Contact Person indicated on the solicitation cover sheet through hand delivery or by mail, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notice shall be given by written notice to the other and an amendment to the Contract shall not be necessary.

4.9 Advertising, Publishing, and Promotion of Contract. Contractor shall not use, advertise, or promote information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

4.10 Property of the County. Any materials, including reports, computer programs, and other deliverables, created under this Contract are the sole property of County. Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. Contractor shall not use or release these materials without the prior written consent of County.

4.11 Offshore Performance of Work Prohibited. Due to security and identity protection concerns, direct services under this Contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve County or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States.

Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or "overhead" services, redundant backup services, or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.

4.12 Ownership of Intellectual Property. Any and all intellectual property including, but not limited to, copyright, invention, trademark, tradename, service mark, and/or trade secrets created or conceived pursuant to or as a result of this Contract and any related subcontract ("Intellectual

Property") shall be work made for hire and County shall be considered the creator of such

Intellectual Property. The County department requesting the issuance of this Contract shall own

(for and on behalf of County) the entire right, title, and interest to the Intellectual Property throughout the world. Contractor shall notify the County, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the

Intellectual Property vests in County and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property in any entity other than County. The

Intellectual Property shall not be disclosed by Contractor or its subcontractor(s) to any entity not

County without the express written authorization of the County department requesting the issuance of this Contract.

4.13 Confidentiality of Records. Contractor shall maintain the confidentiality and privilege of any documents that Contractor has access to which have been designated by County as confidential or privileged. Contractor shall establish and maintain procedures and controls that are acceptable to County for the purpose of assuring that no information contained in its records obtained from

County or from others in carrying out its function under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the

Pleasant Valley Veterans Retreat Generator Installation Page 23 contract. Persons requesting such information should be referred to County.