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HomeMy WebLinkAbout170420PJ NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 20, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2017\x170420\170420a.docx Last Printed: 4/10/2017 5:16 PM Page 1 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer (specifically, the Town Manager's annual performance evaluation). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Representative from the Church of the Ascension, Roman Catholic Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing May 4, 2017, as Fountain Hills Day of Prayer. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS 1) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of retiring Community Services Director Mark Mayer for his 15+ years of service to the Town of Fountain Hills. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 14 and 16, 2017. 2. CONSIDERATION of approving the Cooperative Purchasing Agreement C2017-079 with Utility Construction, Inc, in the amount not to exceed 140,000.00, for lighting upgrades and maintenance Town wide. z:\council packets\2017\r170420\170420a.docx Last Printed: 4/10/2017 5:16 PM Page 2 of 3 3. CONSIDERATION of approving CONTRACT #C2017-108 with LN Curtis for an Eagle Air Breathing Air Compressor for self-contained breathing apparatus, in the amount of $52,153.96. REGULAR AGENDA 4. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 5. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 6. CONSIDERATION of RESOLUTION 2017-11, authorizing submission of a grant application to the Arizona Sports and Tourism Authority for installation of lighting at desert vista skate park; and approving the acceptance and execution of any resulting grant agreement and authorizing the expenditure for the Town's portion, in the amount of $23,800. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. League of Cities and Towns Bulletin(s) 8. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 10th day of April, 2017. EVA The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl70420\170420a.docx Last Printed: 4/10/2017 5:16 PM Page 3 of 3 J NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 20, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2017\rl70420\170420a.docx Last Printed: 4/10/2017 5:16 PM Pagel of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S. § 38-431.03(A)(1), discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer (specifically, the Town Manager's annual performance evaluation). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Representative from the Church of the Ascension, Roman Catholic Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing May 4, 2017, as Fountain Hills Day of Prayer. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS 1) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of retiring Community Services Director Mark Mayer for his 15+ years of service to the Town of Fountain Hills. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 14 and 16, 2017. 2. CONSIDERATION of approving the Cooperative Purchasing Agreement C2017-079 with Utility Construction, Inc, in the amount not to exceed 140,000.00, for lighting upgrades and maintenance Town wide. z:\council packets\2017\r170420\170420a.docx Last Printed: 4/10/2017 5:16 PM Page 2 of 3 3. CONSIDERATION of approving CONTRACT #C2017-108 with LN Curtis for an Eagle Air Breathing Air Compressor for self-contained breathing apparatus, in the amount of $52,153.96. REGULAR AGENDA 4. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 5. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 6. CONSIDERATION of RESOLUTION 2017-11, authorizing submission of a grant application to the Arizona Sports and Tourism Authority for installation of lighting at desert vista skate park; and approving the acceptance and execution of any resulting grant agreement and authorizing the expenditure for the Town's portion, in the amount of $23,800. 7. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. a. League of Cities and Towns Bulletin(s) 8. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 10th day of April, 2017. EVA The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl70420\170420a.docx Last Printed: 4/10/2017 5:16 PM Page 3 of 3 TOWN OF ,T'OrUNTAIN9-CILLS PROCLANATTON Whereas, the Town of Fountain Hills will join together with the entire country on May 4, 2017, to celebrate the 66" anniversary of the National Day of Prayer; and Whereas, Congress, by Public Law 100-307, has called on our citizens to reaffirm the role of prayer in our society and to honor the religious diversity that our freedom permits by recognizing a National Day of Prayer; and Whereas, we are ever mindful of the heroic men and women of our Armed Forces, especially those serving abroad and in harm's way; and Whereas, we pray for God's blessings for our governments at town, state, and national levels to shower us with strength and wisdom in order to meet the challenges before us and to work together to bring hope for our community and to enhance the well-being of all citizens and families of Fountain Hills; and Whereas, and we pray for strength and Divine direction in our educational systems, community businesses, media, and our places of worship; and Whereas, uniting in prayer gives all people of faith, regardless of their denominations or religions, an opportunity to join fellow citizens in celebrating the power and love of God and our perpetual responsibility to Him and to others. NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona do hereby proclaim May 4, 2017, as,7'011N'Y. WHILES DAY OF PRAYER IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the Town of Fountain Hills, Arizona, this 2Cr" day of April, 2017. 4md�h, Mayo Attest: n .Illrhgv4op� Bevelyn 1. Ben r, To Clerk Meeting Date: 416/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480-816-5115, bbender@afh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDEP.ATION of approving the TOWN COUNCIL MEETING MINUTES from March 14 and 16, 2017. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): None SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed Prepared by: &kdr�& � Bevelyn Bender, Town Clerk 4110{2017 Approved: Grady E. Miller, own Hager 411012017 Page t of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL " . AGENDA ACTION FORM t i S x Meeting Date: 412012017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, Street Superintendent, *eldy(c)fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving Cooperative Purchasing Agreement 02017-079 with Utility Construction Construction Inc, in the amount not to exceed $140,000.00 for lighting upgrades and maintenance Town wide. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): The Town's lighting maintenance program oversees over 366 installed lights at Town owned facilities„ parks and rights—of-way. As part of the maintenance program, staff replaces outdated and damaged lights as needed. This contract will allow for staff to replace outdated incandescent lighting with modern light emitting diodes (LEfb) that are dark sky compliant and will result in reduced maintenance cost and increased electrical efficacy Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): $140,000.00 Budget Reference (page number): Various Funding Source: Multiple Funds If Multiple Funds utilized, list here: CIP, General Fund Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the proposed cooperative purchasing agreement List Attachment(s): Cooperative Purchasing Agreement C2017-079 SUGGESTED MOTION (for council use): Motion to approve Cooperative Purchasing Agreement 02017-079 with Utility Construction Inc., in the amount not to exceed $140,000.00 Page 1 of 2 Grady E, Miller, To ager 4-/11^0•/2011 Page 2 of2 Contract No. C2017-079 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND UTILITY CONSTRUCTION COMPANY, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of April 20, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Utility Construction Company, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Peoria, Arizona ("Peoria") entered into Contract No. ACON04216, dated February 12, 2016, and amended by Contract Amendment No. One, dated December 5, 2016 (collectively, the "Peoria Contract"), for the Contractor to provide lighting maintenance and inspection services. A copy of the Peoria Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Peoria Contract, at its discretion and with the agreement of the awarded Contractor, and the Peoria Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the Peoria Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with lighting maintenance and inspection services, as more particularly set forth in Section 2 below (the "Materials and Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until February 11, 2018, unless terminated as otherwise provided in this Agreement or the Peoria Contract. 2. Scope of Work. Contractor shall provide to the Town the Materials and Services under the terms and conditions of the Peoria Contract and as set forth in the Proposals attached hereto as Exhibit B and incorporated herein by reference. 2846778.1 3. Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Peoria Contract will be held at Contractor's risk. Upon discovery of non -conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Service into compliance and withhold the cost of same from any payments due to the Contractor. 4. Compensation. The Town shall pay Contractor an aggregate amount not to exceed $140,000.00, of which $6,240.00 is an owner's contingency which shall be utilized at the Town's sole discretion, for the Materials and Services at the unit rates set forth in the Peoria Contract and as more particularly set forth in the Proposals. 5. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Peoria Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Peoria Contract will be subject to rejection and may be returned. 6. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 7 below, Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (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 Town, to the extent necessary to adequately permit (i) 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 Agreement and (ii) evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 7 below. To the extent necessary for the Town to audit Records as set forth in this Section, 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 Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 7. 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 2846778.1 2 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 Agreement and may result in the termination of this Agreement by the Town. 8. 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. 9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to Aziz. REv. STAT. § 38-511. 10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 11. Agreement Subject to Appropriation. The Town 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 Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town 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 Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town'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 Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposals, the Peoria Contract and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Peoria Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Peoria Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 2846778.1 3 13. Rights and Privileges. To the extent provided under the Peoria Contract, the Town shall be afforded all of the rights and privileges afforded to Peoria and shall be the "City" (as defined in the Peoria Contract) for the purposes of the portions of the Peoria Contract that are incorporated herein by reference. 14. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 13 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Peoria to the extent provided under the Peoria Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Parry"), 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 Agreement. 15. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: GUST RosENF'ELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Contractor: Utility Construction Company, Inc. P.O. Box 1774 Gilbert, Arizona 85299 Attn: Bob Martin 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 (i) when delivered to the parry, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all 2846778.1 4 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) 2846778.1 "Contractor" UTILITY CONSTRUCTION COMPANY, INC., an Arizona corporation_ By: Suzette Nickum Name: Title: President (ACKNOWLEDGMENT) STATE OF ARIZONA } ) ss. COUNTY OF MARICOPA ) On �12 �� , 2017, before me personally appeared Suzette Nickum the President of UTILITY CONSTRUCTION COMPANY, INC., an Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. Notary Publ° (Affix notary seal here) GARY S. LAND Notary Public , Arizona 0-*Maricopa County My COMM- Expires Mar 4. 2018 2846778. t EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND UTILITY CONSTRUCTION COMPANY, INC. [Peoria Contract] See following pages. 2846778.1 l Yo�, CONTMCT AMIENDMENT Sciliaitaliorl No.: Q16-04 Ragc 1 of 1 o V'r Clescriptior: Lighting Mainlenance and Inspection Sermiees Amenc ment Na.: C r e (1) Clate: December 5, 2016 Mabe rials Management Prociu rumor 1 911715 N. 89th Ave., anc FI. Reoiila, AZ 119345 Telephone: 1621311 7713 71 ' 15 Rax: 16213; 771371'111 Buyer: Lisa Houg In accorc ancel with the Cor tract Special Terms ar is C Iand itions, Contract Extension, tF a at ave refs renced c antra d sh all expire on February 11, 214'17 and isl t erelby exlenc ec . The New Conte ct perm is: Flebmary12, 2017 — Febniarryl 11, 91GI18. Contnicfti hereby saknowledlles receipt and agreement. A algned copy aN II be filed with the City of Peorla, Materials Management Olvh ion. /.0 146 Bot Mart'n, Vice Presid art Utility Constrtdiori Coff 1pany 91�n1ature crate Typed Name1 anc Tit a Company Name R.0 . Bore '1714 Gilbert AZ 851,199 Ad rens City State Zip Attested ty. Rhon Gerinlinwft City DI ohn FI. Sefto , r., ommunity Services Clirectc r CC Number Praied Moir lagen a Bason, Neighbdrhood & 6,1community Rark Manager O.y Approved as Harm: ACON04216A City Attomey Cclntracl Number city sea] 71he at clve refdrenced Contrail Amend men is 11 ereby Copyrighl 2009 Executed: City d Peoria, Arizona fc. A5,d SO at Reoria, Arizona Dalrl 2kinka, MFterials Mariagev Flev µriSAW16] CIF City of Peoria, Arizona 2�6 IOURequest for. Quotation I' O Request for Quotation No: Q16-04 RFQ Due Date: December 21, 2015 Materials and/or Services: Lighting Maintenance and RFQ Due Time: 5:00 P.M. AZ Time Inspection Services Contact: Lisa Houg Mailing Address: City of Peoria, Materials Management Phone: (623) 773-7115 9875 N. 85th Avenue, 2"d Floor Peoria, AZ 85345 This is NOT a Purchase Order The terms and conditions in this solicitation should be reviewed and understood before preparing a quotation. The quotation shall be the best net price, FOB destination, to include all delivery charges, and applicable taxes. Delivery schedule and discount for early payment shall be indicated in the spaces provided below. Return the quotation by the above time and date to the above address. Please reference the Buyer's name and RFQ number on the outside of the return envelope. Delivery Location: 9875 N. 85`hAvenue, Peoria, AZ 85345 Buyer: Lisa Houg Vendor Quotation, Delivery shall be made NIA Calendar days after receipt of order. ayment Terms: 30 Days Utility Construction Comapny, Inc. Company Name Signature for Offer PC Box 1774 Bob Martin Company Address Printed Name Gilbert AZ 85299 Vice President City State Zip Title Phone (480) 654-31001 Fax (480) 654-8374 bob@utilityconstructionco.com Telephone 1 Facsimile Email Address y?ACCEPTANCE OF OFFER AND CONTRACT AWARD;(For City of Peoria Use Only) Your offer is hereby accepted. The Contractor is now bound to sell the materials andlor services listed by the attached award notice based upon the solicitation, including all terms conditions, specifications, amendments, etc„ and the Contractor's offer as accepted by the City. The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until Contractor receives an executed Purchase Order. Attested by: City of Peoria, Arizona. Eff. Date: r2_.4� r hon Geriminsky, Clerk Ap rov d by: John R. Sefton, Jr., C munity Services Director ACON1104216, Approved as to Fn : Stephen M. Kemp, y Attorney Contract Number Awarded Official File on CEI�:2� City Seal Dan Zenko, Materials Manager Copyright 2003 City of Peoria, Arizona COP 203(04!{39!, 4)CF Page t of 12 A C O" 0 4 2 1 6 ..iyCC1Yl ti�xv REQUEST FOR QUOTATION Materials Management �, , Procurement yk ,t 9875 N. 8e Ave., 2"' FI. 16t# -WT T INSTRUCTIONS FOR QUOTATION AND Peoria, Arizona 85345-6560 �"OR1 Phone: (623) 773-7115 TERMS AND CONDITIONS Fax: (623) 773-7118 1. Submission: Quotations shall be signed and received by the due date and time, as designated on the Quotation. 2. Opening: A formal public opening will not be held for this quotation. However, all information maybe publicly reviewed after award. 3. Standard Provisions: The City of Peoria's Instructions for Quotation and Terms and Conditions (Form. COP2031TQ) and Standard Terms and Conditions (COP Form 202), where applicable, are a part of this document as if fully set forth herein. Copies of these documents are available from the City of Peoria, Materials Management Division. 4. Taxes: The City of Peoria is exempt from Federal Excise Tax, including Federal Transportation Tax. Sales Tax, if any, should be indicated as a separate item. 5. Bid Rejection: The City of Peoria reserves the right to refect any, or all, bids, combinations of items, or lot and to waive defects or informalities. 6. Brand Names: Any manufacturer's names, trade names, brand names, or catalog numbers used in the specifications are for the purpose of describing and establishing the general quality level, design and performance desired. Such references are not intended to limit or restrict bidding by other vendors, but are intended to approximate the quality design or performance which is desired. Any bid which proposes like quality, design or performance will be considered. Equivalent products will be considered, provided a complete description and product literature is provided. Unless a specific exception is made, assumption will be that the item is bid exactly as specified on the Request for Quotation. Erasures: Erasures, interlineations or other modifications shall be initialed by the individual signing the Request for Quotation. 8. Unit Price: In case of error in the extension of prices, the unit shall govern. No Quotation shall be altered, amended or withdrawn after the specified date and time for receiving Quotations. Negligence by the Vendor in preparing the Quotation confers no right for the withdrawal of the Quotation after it has been opened. 9. New: All items shall be new, unless otherwise stated in the specifications. 10. Payment: The City of Peoria will make every effort to process for the purchase of goods or services within thirty (30) calendar days after receipt of goods or services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the account. Any bid that requires payment in less than thirty (30) days shall not be considered. 11. Payment Discounts: Payment discount periods will be computed from date of receipt of materials or services or correct invoice, whichever is later, to the date payment is mailed. Unless freight and other charges are itemized, any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the bid price in determining the low bid. However, the City of Peoria shall be entitled to take advantage of any payment discount offered by the Vendor provided payment is made within the discount period. COP 202 (0AJ=1 e)cF tojilvbdw Materials Management STANDARD Procurement 9875 N. 8e Ave., 2"d FI. TERMS AND CONDITIONS Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 THE FOLLOWING TERMS AND CONDITIONS ARE AN EXPLICIT PART OF THE SOLICITATION AND ANY RESULTANT CONTRACT. I. CERTIFICATION: By signature in the Offer section of the Offer and Contract Award page (COP Form 203), the Vendor certifies: a. The submission of the offer did not involve collusion or other anti-competitive practices. b. The Vendor shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. c. The Vendor 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. Failure to sign the offer, or signing it with a false statement, shall void the submitted offer or any resulting contracts, and the vendor may be debarred. 2. 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 entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an order, securing favorable treatment with respect to the awarding, amending, or the malting of any determinations with respect to the performing of such order. In the event this contract is cancelled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. Paying the expense of normal business meals which are generally made available to all eligible city government customers shall not be prohibited by this paragraph. 3. APPLICABLE LAVH: In the performance of this agreement, contractors shall abide by and conform to any and all laws of the United States, State of Arizona and City of Peoria including but not limited to federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this agreement. Contractor specifically understands and acknowledges the applicability to it of the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989. In addition, if this agreement pertains to construction, Contractor must also comply with A.R.S_ § 34-301, as amended (Employment of Aliens on Public Works Prohibited) and A.R.S. § 34-302, as amended (Residence Requirements for Employees). Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter, "Contractor Immigration Warranty") A breach of the Contractor Immigration Warranty shall constitute a material breach of this agreement and shall subject Contractor to penalties up to and including termination of this agreement at the sole discretion of the City. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any Subcontractors to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither Contractor nor any Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if Contractor or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by §§ 274A and 2748 of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. §23- 214(4). The provisions of this Paragraph must be included in any contract Contractor enters into with any Subcontractors who provide services under this agreement or any subcontract. "Services" is defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. Contractor warrants, for the term of this agreement and for six months thereafter, that is has fully complied with the requirements of the Immigration Reform and Control Act of 1986 and all related or similar legal authorities. COP 202 t041=14)CF G1�©+� I Materiais Management STANDARD Procurement * * 9875 N. 85`� Ave., 2"'d Fl. ro �. TERMS AND CONDITIONS Peoria, Arizona 85345-6560 �C+�g� Phone: (623) 773-7115 Fax; (623) 773-7118 This contract shall be governed by the City and Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in statutes pertaining specifically to the City. 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 the State of Arizona. This contract is subject to the provisions of ARS §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 the 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 patty of the contract with respect to the subject matter of the contract. 4. LEGAL REMEDIES: All claims and controversies shall be subject to resolution according to the terms of the City of Peoria Procurement Code. 5. CONTRACT: The contract between the City and the Contractor shall consist of (1) the Solicitation, including instructions, all terms and conditions, specifications, scopes of work, attachments, and any amendments thereto, and (2) the offer submitted by the Vendor in response to the solicitation. In the event of a conflict in language between the Solicitation and the Offer, the provisions and requirements in the Solicitation shall govern. However, the City reserves the right to clarify, in writing, any contractual terms with the concurrence of the Contractor, and such written contract shall govern in case of conflict with the applicable requirements stated in the Solicitation or the Vendor's offer. The Solicitation shall govern in all other matters not affected by the written contract. 6. CONTRACT AMENDMENTS: This contract may be inodified only by a written Contract Amendment (COP Form 217) signed by persons duly authorized to enter into contracts on behalf of the City and the Contractor. 7. CONTRACT APPLICABILITY: The Offeror shall substantially conform to the terms, conditions, specifications and other requirements found within the text of this specific Solicitation. All previous agreements, contracts, or other documents, which have been executed between the Offeror and the City are not applicable to this Solicitation or any resultant contract. 8. 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 forthwith be physically amended to make such insertion or correction, 9. SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application. 10. RELATIONSHIP TO PARTIES: 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 is advised that taxes or Social Security payments will not be withheld from any City payments issued hereunder and that the Contractor should make arrangements to directly pay such expenses, if any. 11. 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 contact. This contract may not be changed, modified or rescinded except as provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and of no effect. 12. NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the COP 202 (04M14)CF Page 4 of 22 G1't�Q.t� Materials Management STANDARD Procurement # 9875 N. 85"' Ave., 2nd Fl. Q• TERMS AND CONDITIONS Peoria, Arizona 85345-6560 �0'�►4 Phone: (623) 773-7115 Fax: (623) 773-7118 City's written approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation or assignment that results in a material change to the services provided under this Contract or an increased cost to the City. 13. SUBCONTRACTS: No subcontract shall be entered into by the contractor with any other party to furnish any of the material, service or construction specified herein without the advance written approval of the City. The prime contractor shall itemize all sub -contractors which shall be utilized on the project. Any substitution of sub -contractors by the prime contractor shall be approved by the City and any cost savings will be reduced from the prime contractor's bid amount. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not Subcontractors are used. 14. RIGHTS AND REMEDIES: No provision in this document or in the vendor's offer 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 contract. The failure of the City to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the City's acceptance of and payment for materials or 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 the Contract. 15. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor„ its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 16. 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. 17. FORCE MAdEURE: 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 parry's performance of this Contract is prevented by reason of force Majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror, hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions -intervention -acts, or failures or refusals to act by government authority; events or obstacles resulting from a governmental authority's response to the foregoing;.and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party 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.- a. ccurrences:a. 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. COP 202 104MW141CF Pate 5 of 22 - Materials Management Procurement Q * * STANDARD 9875 N. 85 Ave., 2 Fl. Ito TERMS AND CONDITIONS Peoria, Arizona 85345-6560 . Phone: (623) 773-7115 Fax: (623) 773-7118 b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force Majeure term and Condition. 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 writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or mailed Certfed Return Receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other parry in writing, The time of completion shall be extended by contract modification 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. 18. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perforin he may demand that the other party give a written assurance of this intent to perform. in the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 19. RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City. This right to audit also empowers the City to inspect the papers of any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 above. 20. RIGHT TO INSPECT PLANT: The City may, at reasonable times, inspect the part of the plant or place of business of Contractor or Subcontractor which is related to the performance of any contract as awarded or to be awarded. 21. WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform to the specifications of this contract. Unless otherwise stated in Contractor's response, the City is responsible for selecting items, their use, and the results obtained from any other items used with the items furnished under this contract. Mere receipt of shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in the solicitation. 22. INSPECTION: All material and/or services are subject to final inspection and acceptance by the City. Materials and/or services failing to conform to the specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all: a. Waive the non-conformance. b. Stop the work immediately. c. Bring material into compliance.. This shall be accomplished by a written determination for the City. 23. TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 24. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of 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. 25. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole. 26. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. COP 202 (04/M14)CF ��'tY©. Materials Management STANDARD Procurement 9875 N. 85th Ave., 2"d FI. o y �•' TERMS AND CONDITIONS Peoria, Arizona 85345-6560 �t+0 Phone: (623) 773-7115 Fax (623) 773-7118 27. LIENS: All materials, service or construction shall be free of all liens, and if the City requests, a formal release of all liens shall be delivered to the City. 28, LICENSES: Contractor shall maintain in current status ali Federal, State and focal licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 29. 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 Contractor or any other person except with the prior written permission of the City_ 30. PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the City's needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications, other than fees paid for the preparation of specifications. 31. COST OF BiD/PROPOSAL PREPARATION: The City shall not reimburse the cost of developing presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. 32. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the City's Procurement Code. However, subsequent to the award of the contract, any information and documents obtained by the City during the course of an audit conducted in accordance with Paragraph 19 above for the purpose of determining compliance by Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain confidential and shall not be made available for public review or produced in response to a public records request, unless the City is ordered or otherwise directed to do so by a court of competent jurisdiction. 33. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written consent of the City_ 34. DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract. All such documents shall reference the contract number as indicated on the Offer and Contract Award (COP Form 203)- 35. FUNDING: Any contract entered into by the City of Peoria is subject to funding availability_ Fiscal years for the City of Peoria are July 1 to June 30. The City Council approves all budget requests. if a specific funding request is not approved, the contract shall be terminated. 36. PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or services and correct invoice. 37. PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any written form any City elected official or any City employee other than the Materials Management Division, the procuring department, City Manager, Deputy City Manager or City Attorney's office (for legal issues only) regarding the contents of this solicitation or the solicitation process commencing from receipt of a copy of this request for proposals and ending upon submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror's proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment activity after submission of a staff report for placement on a City Council agenda. 38. PROHIBITED POLITICAL CONTRIBUTIONS: Consultant during the term of this Agreement shall not make a contribution reportable under Title 16, Chapter 6, Article 1, Arizona Revised Statutes to a candidate or candidate committee for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement without penalty for any violation of this provision. COP 202 (041CW14)CF o7�1 �- E SPECIAL TERMS AND CONDITIONS Solicitation Number: Q16-44 Materials Management Procurement 9875 N. 85`h Ave., 2"d Fl. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 I. Purpose: Pursuant to provisions of the City Procurement Code, the City of Peoria, Materials Management Division intends to establish a contract for Lighting Maintenance and Inspection Services. 2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the City Materials Manager. No alteration of any resultant contract may be made without the express written approval of the City Materials 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. 3. Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid and irrevocable for sixty (60) days after the opening time and date. 4_ Cooperative Purchasine: While this contract is for the City of Peoria, other public agencies and political subdivisions may express interest in utilizing the contract. In addition to the City of Peoria, 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 Peoria 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 agreement will be the sole responsibility of each participating public agency. The City of Peoria shall not be responsible for any disputes arising out of transactions made by others. 5. Contract Tvpe: Fixed Price 6. `Perm of Contract: The term of any resultant contract shall commence on the first day of the month following the date of award and shall continue for a period of one (1) year thereafter, unless terminated, cancelled or extended as otherwise provided herein. 7. Contract Extension: By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months. 8. Affirmative Action: It is the policy of the City of Peoria that suppliers of goods 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. The City of Peoria encourages diverse suppliers to respond to solicitations for products or services. 9. Progosal Format: Proposals shall be submitted in one (1) original and three (3) copies on the forms and in the format as contained in the Request for Proposal. Proposals shall be on 8 1/2" & I l" paper with the text on one side only. All submittal information must contain data for only the local office(s) which will be performing the work. 10. Evaluation: In accordance with the City of Peoria Procurement Code, awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. a. Experience and Qualifications b. Method of Approach c. Cost Considerations d. Conformance to Request for Quotation COP 209 (04109174)CF SPECIAL TERMS AND Materials Management *Ito CQNDITICINS Procutrement nd9875 N. 85 Ave., 2 FI. Peoria, Arizona 85345-6560 Solicitation Number: Q16-04 Phone: (623) 773-7115 Fax; (623) 773-7118 The City reserves the right to consider historic information and facts, whether gained from the Vendor's proposal, questions and answer conferences, references, or other source and the views of the evaluator(s) with prior Contract or service delivery experience with any of the Vendors, while conducting the proposal evaluations. 11 _ Proposal Opening: Proposals shall be submitted at the time and place designated in the request for proposals. All information contained in the proposals shall be deemed as exempt from public disclosure based on the City's need to avoid disclosure of contents prejudicial to competing offerors during the process of negotiation. The proposals shall not be open for public inspection until after contract award. PRICES SHALL NOT BE READ. After contract award, the successful proposal and the evaluation documentation shall be open for public inspection_ 12. Non -Exclusive Contract: Any contract resulting from this Solicitation shall be awarded with the understanding and. agreement that it is for the sole convenience of the City of Peoria. The City reserves the right to obtain like goods or services from another source when necessary. Off -Contract Purchase Authorization may only be approved by the City Materials Manager. Approval shall be at the discretion of the City Materials Manager and shall be conclusive, however, approval shall be granted only after a proper review and when deemed to be appropriate. Off -contract procurement shall be consistent with the City Procurement Code. 13. Taxes: Prices offered shall not include applicable State and local taxes. The City will pay all applicable taxes. Taxes must be listed as a separate item on a]I invoices. 14. Price Adjustment: The City of Peoria Purchasing Office will review fully documented requests for price increases after any contract has been in effect for one (1) year. Any price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The City of Peoria Materials Management Division will determine whether the requested price increase or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract extension_ 15. Price Reduction: A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice. 16. Discussions: In accordance with the City of Peoria Procurement Code, after the initial receipt of proposals, discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award. 17. Insurance Requirements: The Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly Licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of the City, constitute a material breach of this Contract. The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by the City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the City_ The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors, officers, and employees for any claims arising out of the Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contain deductibles or self-insured retentions. Such deductible andlor self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require the Contractor to secure payment of such deductibles or sclf-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and endorsements. The City shall not be obligated, however, to review same or to advise COP 209 (041OW14)CF Q7�1 T __ SPECIAL TERMS AND CONDITIONS Solicitation Number: Q16-04 Materials Management Procurement 9875 N. 85" Ave., 2nd Fl. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of the City's right to insist on, strict fulfillment of Contractor's obligations under this Contract. The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the City, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 18. Required Insurance Coverage: a. Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011207 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20370704, and shall include coverage for Contractor's operations and products and completed operations. Any Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner's and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. b. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's any owned, hired, and non -owned vehicles assigned to or used in performance of the Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Farm CA 00010306, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. c. Workers' Compensation The Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.. In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Contractor. 19. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall furnish the City with Certificates of Insurance, and formal endorsements as required by the Contract, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual COP 209 (04AM14)CF yt SPECIAL TERMS AND CONDITIONS Solicitation Number; Q16-04 Certificates of Insurance. Materials Management Procurement 9875 N. 85"Ave., 2"' Fl. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 If a policy does expire during the life of the Contract, a renewal certificate must be sent to the City fifteen (15) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. 20. Cancellation and Expiration Notice: insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the City - 21. Independent Contractor: a. General i. The Contractor acknowledges that all services provided under this Agreement are being provided by him as an independent contractor, not as an employee or agent of the City Manager or the City of Peoria. H. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his profession elsewhere. b. Liability i. The City of Peoria shall not be liable for any acts of Contractor outside the scope of authority granted under this Agreement or as the result of Contractor's acts, errors, misconduct, negligence, omissions and intentional acts. ii. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees„ court costs, and the cost of appellate proceedings), rclating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable_ The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. c. Other Benefits The Contractor is an independent contractor, therefore, the City Manager will not provide the Contractor with health insurance, life insurance, workmen's compensation, sick leave, vacation leave, or any other fringe benefits. Further, Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA). Any such fringe benefits shall be the sole responsibility of Contractor. 22. Ordering Process: Upon award of a contract by the City of Peoria, Materials Management Division may procure the specific material and/or service 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 Peoria Procurement Code and all transactions and procedures required by the Code for public bidding have been complied with. A purchase order for the awarded material and/or service that cites the correct contract number is the only document required for the department to order and the contractor to delivery the material and/or service. Any attempt to represent any material and/or service not specifically awarded as being under contract with the City of Peoria is a violation of the contract and the City of Peoria 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. COP 209 (04103114)CF SPECIAL TERMS AND Materials Management 1r`�y0 Procurement G CONDITIONS 9875 N. 851h Ave., 2" Fl. * * Peoria, Arizona 85345-6560 Solicitation Number: 416-04 Phone: (623) 773-7115 Fax: (623) 773-7118 23. Invoices: The Contractor shall submit invoices to the City of Peoria Accounts Payable Department, 8401 W. Monroe St, Peoria AZ 85345. Invoices may also be submitted electronically to accountspayable .neoriaaz.gov. 24. Billing: All billing notices to the City shall identify the specific item(s) being billed and the purchase order number. Items are to be identified by the name, model number, and/or serial number most applicable. Any purchase/delivery order issued by the requesting agency shall refer to the contract number resulting from this solicitation. 25. Licenses: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. 26. City of Peoria Business License: Peoria City Code requires that all persons conducting business in the City of Peoria must first obtain a license. This includes businesses within the Peoria city limits, or those outside the limits who conduct business or perform services within Peoria. For business license questions or to obtain a license, please contact the City of Peoria Sales Tax & License Division at (623) 773-7160 or via email at saiestaxfteoriaAZ.-gov. 27. Safety Standards: All items supplied on this contract shall comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards_ 28. Usage Report: It is an express condition of any award that the successful vendor(s) shall provide the City of Peoria, Materials Management Division with a quarterly report delineating the number of items by commodity number as show on the bid for each item. Fdrmat for the usage report will be issued to the successful bidder(s). 29. Confidential Information: a. If person believes that a bid, proposal, offer, specification, or protest contains information that should be withheld, a statement advising the Materials Supervisor of this fact shall accompany the submission and the information shall be identified. b, The information identified by the person as confidential shall not be disclosed until the Materials Supervisor makes a written determination. c. The Materials Supervisor shall review the statement and information and shall determine in writing whether the information shall be withheld. d. If the Materials Supervisor determines to disclose the information, the Materials Supervisor shall inform the bidder in writing of such determination. 30. Identiri Theft Prevention: 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 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 Peoria's Identity Theft Program and to report to the Program Administrator any Red Flags as defined within that program. At a minimum, the contractor will have 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 he 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_ COP 209 (04104114)CF SPECIAL TERMS AND Materials Management G�TY-o6 CONDITIONS Procurement CONDITIONS * * 9875 N. 85 Ave., 2 Fl. Peoria, Arizona 85345-6560 �'()jt�� Solicitation Number: Q16-04 Phone: (623) 773-7115 Fax: (623) 773-7118 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. 31. Confidentiality, of Records: The contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that information contained in its records or obtained from the City or from others in carrying out its functions under the contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the 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 the contract. 32. Contract Termination: Any contract entered into as a result of this Solicitation is for the convenience of the City and as such, may be terminated without default by the City by providing a written thirty (30) day notice of termination. 33. Protest Policy and Procedures: The City of Peoria protest policy and procedures are available for review at the following public websites and as per ARS 34-603.C.2(f). a. The City of Peoria Protest Policy and Procedures are available online at httl2://www.peoriaaz.jzov/neWsecondary.aspx?id=2071. The policy is contained within the City of Peoria Procurement Code, Chapter 2- Administration, section 2-321. Procurement Code Protests; Informal and Formal. b. The specific protest procedures are contained in the Materials Management "Procurement Administrative Guidelines" and can be accessed at http:l/wwwAoriaaz_pov(NewSecondaa.aspx?id=54937 in the "Downloads" box on the right side of the web page. COP 209 (04MW14)CF Materials Management N SCOPE OF WORK Procurement * 9875 N. 851" Ave., 2"d FI. Peoria, Arizona 85345-6560 n Solicitation Number: QIS-04 Ph (623) 773-7118 Fa ' (623) 773-7118 A. General: The City of Peoria is seeking a qualified vendor to provide lighting mai enance and inspection services for lighting higher than 30 feet above ground and underwate ighting at pool locations. The services are needed on a quarterly and "as needed" basis at the foil wing locations: 1. Rio Vista Community Park 8866-W. Thund bird, Peoria, AZ • Skate Park — 4 Poles112 Lamps • Adult Softball Fields (4) — 22 Poles/187 Lamps • Youth Baseball/Softball Fields (3) —11 Poles/49 La s • Soccer Fields (2) — 7 Poles142 Lamps • All parking lot lights 2. Pioneer Community Park • All parking lot lights 3. Varney Park • Baseball Fields (2) — 10 Poles/40 4. Ira Murphy Park • Baseball Field (1) — 10 Poles 5. Cheyenne Elementary School a Softball]Multi-purpose Field — 8766,i(l. 83`d Avenue, Peoria, AZ 820 N. 81" Avenue, Peoria, AZ 7230 W. Cheryl Drive, Peoria, AZ 11806 N. 87th Avenue, Peoria, AZ Lamps 6. Coyote Hills Elementary Scho I 21180 N. 87th Avenue, Peoria, AZ • Baseball Field (1) — 7 Pole 151 Lamps 7. Sunrise Mountain High S ool 21321 N. 86th Drive, Peoria, AZ • (a) Baseball/Rententi n Field (1) — 6 Poles/52 tamps • (b) Pool — 14 Unde ater Lights, 30 Overhead Lights • (c) Security lights - 4 8. Peoria High Schoo 11200 N. 83n' Avenue, Peoria, AZ • Pool — 15 Und rwater Lights,. 18 Overhead Lights 9. Centennial Hig School 14388 N. 7e Avenue, Peoria, AZ Pool — 7 1/ter Lights, 16 Overhead Lights 10. Rio Vista ecreation Center 8866 W. Thunderbird, Peoria, AZ • Gymasium — 30 Fixtures 11. Sunrise Family,Center 21303 N. 86th Dr, Peoria, AZ O 5 overhead .parking lot and 10 security lights COP 209 (04/0 114)CF Materials Management Gt'� SCOPE OF WORK Procunementrid * * . 9875 N. 85` Ave., 2 FI. Peoria, Arizona 85345-6560 �01 Solicitation dumber: Q16-04 Phoney (623) 773-7115 Fax: (623) 773-7118 1. Peoria Sports Complex (As needed services only — hourly rates apply) • Parking lot and practice field walkways 121 fixtures, approximately 34' from ground, 400 watt metal halide, mogul base lamp, 480V ballast. 2. Peoria Neighborhood Partes (As needed services only — hourly rate pply) • All parking lot lights — Approximately 30 neighborhood park locatio (see link below). https:i/www.oeoriaaz.gov/NewSeconda!y,.asgx?id=74915. B. Inspection/Maintenance: 1. Inspection and Maintenance shall be performed on all exter1_9f & interior lighting at all locations listed above for lights higher than 30 feet above ground anfir underwater lights at pool locations. 2. Areas at each fixture will include lamps, ballasts, and lenses and other related parts. 3. All replacement parts shall be new and in working 96ndition. Replacement parts shall be equivalent to the original parts and compatiblew" existing equipment, unless otherwise approved by City Site Manager. 4. Contractor shall conduct an initial on-site in locations listed above. Contractor will ma predetermined repairs and additional Z to each City Site Manager, in a accept le completed within the following time fr es: a. January 15 — February 15 b. April 15 — May 15 c. July 15 — August 15 d. October 15 — November 1 eaction on a quarterly basis of all exterior lighting at all contact with each City Site Manager to obtain a list of 5 to be perform. Results of each inspection will be given format. The quarterly inspections can be started and 5. After inspections, a itemized/quote listing parts and potential labor hours will be provided to City Site Manager for approval/Maintenance and replacement of lights will be performed upon approval from City Site M nager. 6. City may utilize the Co tractor on an "as needed" basis between inspections, including after-hours emergency calls to pr vide maintenance and lighting replacement at the locations listed above. 7. At a minimum, the ontractor shall have at least one (1) qualified fighting repairtmaintenance personnel avails eon call at a99 times. 8. Contractor s I provide all necessary parts, tools, equipment, and labor to perform each task. 9. Contractor's employees shall display proper identification while working on City property. 10. Contractor shall at all times abide by local, state, and federal safety regulations, including the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards. COP 209 (00=14)CF C3'ti +i!`_' =�_'_U SCOPE OF WORK Solicitation Number: Q16-04 C. Response Time: Materials Management Procurement 9875 N. 85" Ave., 2"" Fl. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 1. Contractor shall provide the City with contact name(s) a5d phone number(s) for the on-call lighting repair/maintenance personnel, for after-hours and em envy service calls. Response time for a technician to be on-site to service the specified equi ent, for after-hours and emergency service calls, shall be no later than two (2) hours, after noti ation of a requirement for service. 2. Response time for a technician to be on-site to ervice the specified equipment, for non- emergency calls, shall be no later than twenty our (24) hours, (8:00 a.m.-5:00 p.m_, Monday - Friday) after notification of a requirement for/service. COP 209 (04/)9;14)CF Materials Management SCOPE OF WORK (revised) Procurement 9875 N. 85`h Ave., 2n' FI. * Peoria, Arizona 85345-6560 pg�� Solicitation Number: Q16 -o4 Phone: (623) 773-7115 Fax: (623) 773-7118 A. General: The City of Peoria is seeking a qualified vendor to provide lighting maintenance and inspection services for lighting higher than 30 feet above ground and underwater lighting at pool locations. The services are needed on a quarterly and "as needed" basis at the following locations: 1. Rio Vista Community Park . 8866 W. Thunderbird, Peoria, AZ- Skate ZSkate Park — 4 Poles/12 Lamps • Adult Softball Fields (4) — 22 Poles/387 Lamps • Youth Baseball/Softball Fields (3) —11 Poles/49 Lamps • Soccer Fields (2) — 7 Poles/42 Lamps • All parking lot lights 2. Pioneer Community Park 8756 N. 83`d Avenue, Peoria, AZ • All parking lot lights 3. Varney Park 11820 N. 81St Avenue, Peoria, AZ • Baseball Fields (2) — 10 Poles/40 Lamps 4. Ira Murphy Park 7230 W. Cheryl Drive, Peoria, AZ • Baseball Field (1) — 10 Poles 5. Cheyenne Elementary School 11806 N. 87th Avenue, Peoria, AZ • Softball/Multi-purpose Field 6 Poles/36 Lamps 6. Coyote Hills Elementary School 21180 N. 87h Avenue, Peoria, AZ • Baseball Field (1) — 7 Poles/51 Lamps 7. Sunrise Mountain High School 21321 N. 86th Drive, Peoria, AZ • (a) Baseball/Rentention Field (1) —6 Poles/52 Lamps • (b) Pool — 14 Underwater Lights, 30 Overhead Lights • (c) Security lights - 34 8. Peoria High School 11200 N. 83rd Avenue, Peoria, AZ • Pool — 15 Underwater Lights, 18 Overhead Lights 9. Centennial High School 14388 N. 791h Avenue, Peoria, AZ • Pool — 7 Underwater Lights, 16 Overhead Lights 10. Rio Vista Recreation Center 8866 W. Thunderbird, Peoria, AZ • Gymnasium — 30 Fixtures 11. Sunrise Family Center 21303 N. 86t'' Dr, Peoria, AZ 0 5 overhead parking lot and 10 security lights Materials Management Yo,�,i SCOPE OF WORK (revised) Procurement +: I 8875 N. 85'h Ave., 2nd Fl. Peoria, Arizona 85345-6560 0i[t1� Solicitation Dumber: Q16-04 Phone: (523) 773-7115 Fax: (623) 773-7118 U. Sunset Heights Elementary School (Camino A Lago Park) 21249 N. 98'x' Avenue, Peoria, AZ • y light poles 70'140 lights 13. West Wing Park 27100 N. West Wing Parkway, Peoria, AZ • 6 light poles/4 @ 60712 lights 1. Peoria Sports Complex (As needed services only- hourly rates apply) • Parking lot and practice field walkways — 121 fixtures, approximately 34' from ground, 400 watt metal halide, mogul base lamp, 480V ballast. 2. Peoria Neighborhood Parks (As needed services only— hourly rates apply) • All parking lot lights — Approximately 30 neighborhood park locations (see link below). https:llwww.peoriaaz.gov]NewSecondary.asiox?id=74915. B. Inspection/Maintenance: 1. The Contractor shall conduct an initial on-site inspection of all exterior lighting at all locations listed above. 2. The Contractor shall conduct quarterly on-site inspection services of all exterior lighting at all locations. Contractor will make contact with each City Site Manager to obtain a list of predetermined repairs and additional duties to be performed. Results of each inspection will be given to each City Site Manager in a acceptable format. The quarterly inspections can be started and completed within the following time frames: a. January 15 — February 15 b. April 15 — May 15 c. July 15 —August 15 d. October 15 — November 15 3. Inspection and Maintenance shall be performed on all exterior & interior lighting at all locations listed above for lights higher than 30 feet above ground and underwater lights at pool locations. 4. Areas at each fixture will include lamps, ballasts, fuses, sockets and lenses and other related parts. 5. All replacement parts shall be new and in working condition. Replacement parts shall be equivalent to the original parts and compatible with existing equipment, unless otherwise approved by City Site Manager. 6. After inspections, a itemized quote listing parts and potential labor hours will be provided to City Site Manager for approval. Maintenance and replacement of lights will be performed upon approval from City Site Manager. 7. The City may utilize the Contractor on an "as needed" basis between inspections, including after- hours emergency calls to provide maintenance and lighting replacement at the locations listed Materials Management SCOPE OF WORK (revised) Procurement 9875 N. 85h Ave., 2`1 FI. \ * Peoria, Arizona 85345-6550 �0 Solicitation Number: Q16-04 Phone: (623) 773-7115 Fax: (623) 773-7118 above. 8. At a minimum, the Contractor shall have at least one (1) qualified lighting repair/maintenance personnel available on call at all times. 9. Contractor shall provide all necessary parts, tools, equipment, and labor to perform each task. 10. Contractor's employees shall display proper identification while working on City property. 11. Contractor shall at all times abide by local, state, and federal safety regulations, including the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards. C. Response Time: 1. Contractor shall provide the City with contact name(s) and -phone numbers) for the on-call lighting repairlmaintenance personnel, for after-hours and emergency service calls. Response time for a technician to be on-site to service the specified equipment, for after-hours and emergency service calls, shall be no later than two (2) hours, after notification of a requirement for service. 2. Response time for a technician to be on -Site to service the specified equipment, for non- emergency calls, shall be no later than twenty-four (24) hours, (8:00 a.m.-5:00 p.m., Monday - Friday) after notification of a requirement for service. E2 I, STA SUBMITTAL REQUIREMENTS Solicitation Number: Q16-04 A. PROPOSAL FORMAT: Materials Management Procurement 9875 N. 85`h Ave., 2nd FI. Peoria. Arizona 85345-6560 Phone; (523) 773-7115 Fax: (623) 773-7118 Proposals shall be submitted in one (1) original and three (3) copies on the forms and in the format as specified in the Request for Proposal. B. PROPOSAL CONTENT. The following items shall be addressed , in the proposal submission. 1. Qualifications and Experience a Brief history of firm & staff qualifications and experience. • Demonstrate your firm's experience in the industry. 2. Method of Approach Provide an approach to satisfy the requirements as described in the Scope of Work. 3. Cost Considerations Q Complete the'Price Sheet. 4. References from Similar Clients References - Provide a list of three (3) clients with projects similar in scope. Letters of recommendation, if any, may be included in this section. 5. Conformance to -RFQ Failure to provide all requested information may result in offeror's proposal being rejected as non-responsive. Complete and return all City forms. Exceptions Any exceptions to any part of the RFQ must be clearly noted and identified. C. EVALUATION CRITERIA In accordance with the City of Peoria Procurement Code, awards shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City, based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance. 1. Qualifications and Experience 2. Method of Approach 3. Cost Considerations 4. Conformance to RFQ The City reserves the right to consider historic information and facts, whether gained from the Offeror's proposal, questions and answer conferences, references, or other source and the views of the evaluator(s) with prior Contract or service delivery experience with any of the Offerors, while conducting the proposal evaluations. COP 209 (04M14)CF SUBMITTAL REQUIREMENTS A �0�t4� Solicitation Number: Q16-04 D. PROPOSAL DUE DATE AND CONTACT INFORMATION: Proposals are due no later than 5:00 P.M. on December 21, 2015 Materials Management Procurement 9875 N. 85'" Ave., 2"d FI. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 Proposals shall be submitted in one (1) original and three (3) copies and shall be delivered to: City of Peoria Materials Management 9875 N. 85th Avenue — 2nd Floor Peoria, Arizona 85345 Proposals must be submitted in a sealed envelope or package with the solicitation number and the Offeror's name and address clearly indicated on the envelope or package. All questions regarding this RFP should be directed to Lisa Houg, Contract Officer at (623) 773-7191 or E-mail: Lisa. Hous@PeoriaAZ.gov Contact with City staff, other than the designated contact person indicated in the RFP, regarding this solicitation is strictly prohibited during the proposal process. COP 209 (04109114)CF PRICE SHEET Materials Management �t't �' (�� Procurement >it k 9875 N. 85" Ave.,. 2"d FI. I Peoria, Arizona 85345$560 g�� SOIiCitation Number: Q78 -U4 Phone: (623) 773-7115 Fax (623) 773-7118 Unit Extended Item Description of material and/or services Quantity I Unit Price I Price A. QUARTERLY INSPECTION SERVICES 1. Rio Vista Community Park' 4 Ea. $ 0.00 $ 2,000.00 $ 1,200.00 2. Pioneer Community Paris* 4 Ea, 300.00 $ 1,200.00 3. Varney Park 4 $ 300.00 $ 300.00 4. Ira Murphy Park 4 Ea. $ 1,200.00 $ 300.00 $ 1,200.00 5. Cheyenne Elementary School Field 4 Ea. $ 300.00 $ 1,200.00 6. Coyote Hills Elementary School Field* 4 Ea $ 1,200.00 7a. Sunrise Mountain High School Field* 4 Ea. $ 300.00 $ 300.00 $ 1,200.00 7b. Sunrise Mountain High School Pool 4 Ea. 7c. Sunrise Mountain High School Security Lights 4 Ea $ 300.00 $ 1,200.00 & Peoria High School Pool 4 Ea. $ 300.00 $ 1,200.00 $ 300.00 9. Centennial High School Pool 4 Ea. $ 1,200.00 $ 1,200.00 10. Rio Vista Recreation Center 4 Ea. $ 300.00 11. Sunrise Family Center 4 Ea. $ 300.00 $ 1,200.00 *Locations have lighting over 60 ff. B HOURLY RATES for.Lighting over a ft. (2 Techs and proper equipment required, i.e. ane) 1. Weekday Hourly Rate (normal b iness hours) 1 Hr. $ 320.00 $ 320.00 $ 475.00 $ 475.00 2. Weekday Hourly Rate (emergency -after business hours) 1 Hr. 3. Weekend Hourly Rate (non 7mergency) 1 Hr. $ 490.00 $ 490,00 $ 530.00 $ 530.00 4. Weekend Hourly Rate (emergency) 1 Hr. C . 1. 2. HOURLY RATES for !I under 60 ft. (1 Tech and proper equipment required, i.e. Bucket Truck) Weekday Hourly Rad (normal business hours) Weekday Hourly to (emergency -after business hours) 1 1 Hr. Hr. $ 105.00 $ 105.00 $ 155.00 $ 155.00 $ 165.00 $ 165.00 3. u Weekend Hourly ate (non -emergency) 1 Hr. 4_ Weekend Hou Rate (emergency) 1 Hr. $ 175.00 $ 175.00 COP 205 (04IM14)CF PRICE SHEET Materials Management *1' Procurement 9875 N. 85`x'Aue., 2nd FI. Peoria, Arizona 85345-6560 Solicitation Number: Q16-04 Phone: (623) 773-7115 Fax: (623) 773-7118 D. 1. a. b.l C. d. e f. 9.' h. k. I. 2.1 F. MATERIALS/PARTS (most commonly used) Lamps & Ballasts (Multi -Tap) 100 Watt MH 100 Wat HPS 175 Watt MH 175 Watt HPS 250 Watt MH 250 Watt HPS 400 Watt MH 400 Watt HPS 1000 Watt MH 1000 Watt HPS 1500 Watt MH 1500 Waft HPS Additional Materials/Parts (submit parts price Cost plus 15 % HAZARDOUS WASTE DISPOSAL, HID Lamps HID Ballast Fluorescent Lam/,od Other (please sp WARRANTY Lamps warrantyBallasts warrant CDP 205 (Q4Mg114)C$ 1 1 1 Ea. Ea. Ea. LAMP $ 31.83 $12.33 $ 17.26 c 12. $ X6.03 $ 12.33 $ 17.26 $ 12.33 $ 30.83 46.85 $ 44.39 $ 0.98 $ 0.05 $ 0.40 $,A1.38 $ 93.71 i p $ 96.17 $ 106.04 $ 76.45 w $ 199.75 w I $ 0.98 w G� Yo Item PRICE-SHEET (revised) Solicitation Number: Q16-04 Description of material and/or services I Quantity I Unit Materials Management Procurement 9875 N. 85°h Ave.. 2nd Fl. Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 UnitI Extended Price Price A. INITIAL ON-SITE INSPECTION SERVICES 1. Rio Vista Community Park* 1 Ea. $ 250.00 $ 250.00 $ 150-00 $ 150.00 2. Pioneer Community Park* 1 Ea. $ 46.00 $ 46.00 3. Varney Park 1 Ea. $ 46.00 4. Ira Murphy Park 1 Ea. $ 46.00 $ 46.00 5. Cheyenne Elementary School Field 1 Ea. $ 46.00 $ 50.00 Fs, Coyote Hills Elementary School Field` 1 Ea. $ 50,00 $ 50.00 7a. Sunrise Mountain High School Field* 1 Ea S 50.00 $ 46.00 7b. Sunrise Mountain High School Pool 1 Ea. $ 46.00 $ 46.00 7c. Sunrise Mountain High School Security Lights 1 Ea $ 46.00 $ 46.00 8. Peoria High School Pool 1 Ea $ 46.00 9. Centennial High School Pool 1 Ea. $ 46.00 $ 46.00 $ 46.00 $ 46-00 10. Rio Vista Recreation Center 1 Ea.. $ 46.100 11, Sunrise Family Center 1 Ea. $ 46.00 $ $0.00 $ 50.00 12. Sunset Heights Elementary School* 1 Ea. $ 50.00 $ 50.00 13. West Wing Park* 1 Ea, r *Locations have lighting over 60 ff. B. {QUARTERLY ON-SITE INSPECTION SERVICES 1. Rio Vista Community Park* 3 Ea. $ 255.00 $ 765.00 $ 120.00 5 360.00 2. Pioneer Community Park* 3 Ea. 5 150.00 3, Varney Park 3 Ea. S 50.00 $ 25.00 4. Ira Murphy Park 3 Ea. S 75.00 $ 25.00 $ 75.00 5. Cheyenne Elementary School Field 3 Ea. $ 50.00 $ 150.00 6. Coyote Hills Elementary School Field* 3 Ea. $ 25.00 $ 75.00 7a. Sunrise Mountain High School Field* 3 . Ea $ 75.00 7b. Sunrise Mountain High School Pool 3 Ea. $ 25.00 $ 25.00 $ 75.00 7c. Sunrise Mountain High School Security Lights 3 Ea. 8. Peoria High School Pool 3 Ea. $ 25.00 $ 75.00 PRICE SHEET (revised) Solicitation Number: Q16-04 Materials Management Procurement 9875 N. 85'x' Ave., 2nd FI, Peoria, Arizona 85345-6560 Phone: (623) 773-7115 Fax: (623) 773-7118 Unit Extended Item f Description of material and/orservices Quantity I Unit Price I Price 9. Centennial High School Pool 10. Rio Vista Recreation Center 11. Sunrise Family Center 12. Sunset Heights Elementary School` 13. West Wing Park* *Locations have lighting over 60 ft. 3 3 3 3 3 Ea. Ea. Ea. Ea. Ea. $ 25,00 $ 75.00 $_ 25.00 $ $ 75.00 75.00 $ 25.00 $ 50.00 $ .150.00 $ 50.00 $ 150.00 C. HOURLY RATES ('I Tech and no equipment) 1. Weekday Hourly Rate (normal business hours) 1 Hr. $ 65.00 2. Weekday Hourly Rate (emergency -after business hours) 1 Hr. $ 120.00 3. Weekend Hourly Rate (non -emergency) 1 Hr. $ 100.00 4. Weekend Hourly Rate (emergency) 1 Hr. $ 140.00 D. HOURLY RATES for Lighting over 60 ft. (2 Techs and proper equipment required, i.e. Crane) 1. Weekday Hourly Rate (normal business hours) 1 Hr, $ 200.00 2. Weekday Hourly Rate (emergency -after business hours) 1 Hr. $ 280.00 3. Weekend Hourly Rate (non -emergency) 1 Hr. $ 260.00 4, Weekend Hourly Rate (emergency) 1 Hr. $ 300.00 E HOURLY RATES for Lighting under 60 ft. (1 Tech and proper equipment required, i.e. Bucket Truck) 1. Weekday Hourly Rate (normal business hours) 1 Hr. $ 75.00 2. ,Weekday Hourly Rate (emergency -after business hours) 1 Hr. $ 125.00 3. Weekend Hourly Rate (non -emergency) 1 Hr, $ 115.00 4. Weekend Hourly Rate (emergency) 1 Hr. $ 150.00 F. MATERIALSIPARTS (most commonly used) 1. Lamps & Ballasts (Multi -Tap) a. 100 Watt MH b. 100 Wat HPS t LAMP BALLAST $ 30.83 $ 81.38 $ 12.33 $ 93.71 Materials Management PRICE SHEET (revised) Procurement (d�.9875 N. 851h Ave., 2"© FI. Peoria, Arizona 85345-6560 A�Q+ Phone: (623) 773-7115 SUR Solicitation Number: Q`16-04 Fax: (623) 773-7118 Unit Extended Item Description of material and/or services Quantity Unit Price Price c. 175 Watt MH $ 17.26 $ 62.88 $ 88.78 d.' 175 Watt HPS $ 12.33 e. 250 Watt MH S 16.03 6 96A7 f. 250 Watt HPS $ 12.33 $ 1Ora, 04 $ 17.26 g. 400 Watt MH $ 76.45 h. 400 Watt HPS $ 12.33 $ 129.47 i. 1000 Watt MH $ 30.83 $ 141.80 i $ 46.85 j. 1000 Watt HPS $ 199.75 k. 1500 Watt MH $ 44.39 S 184.95 $ 243.75 I. 1500 Watt HPS $ 59.39 2. IAdditional Materials/Parts (submit parts price list) Cost plus 15 % G. HAZARDOUS WASTE DISPOSAL 1. HID Lamps 1 Ea. $ 0.98 2. HID Ballast 1 Ea. $ 0.05 3. Fluorescent Lamps 1 Ea. S 0.40 Other (please specify) H. WARRANTY Lamps warranty period _ Ballasts warranty period 1 year 1 year Materials Management Yp+n QUESTIONNAIRE Procurement 9875 N. 85' Ave., 2"d F!. Peoria, Arizona 85345-6560 +d Phone: (623) 773-7115 'OR Solicitation Number: Q16-04 Fax: (623) 773-7118 Please fist a minimum of three (3) owner references from projects of similar size and scope whom the Materials Management Division may contact: 1. Company: City of Phoenix, AZ Contact: Jason Fernandez, Project Manager Address: 200 W Washington St. Phoenix, AZ 85033 Phone: 602-256-4168 Email: jason.fernandez@phoenix.gov Type of Work: Lighting Maintenance 2. Company: City of Chandler, AZ Contact: Hector Peralta, Traffic Signals and Streetlight Supervisor Address: 975 E Armstrong Way Chandler, AZ 85286 Phone: 480-782-3456 Email: hector.peralta@chandler.gov Type of Work: Lighting Maintenance 3. Company: P Y= City of Avondale, AZ Contact: Paul Lopez, Engineering Manager Address: 11465 W. Civic Center Dr., Suite 120 Avondale, AZ 85323 Phone: 623-333-4219 Email: ptopez@avondale.org Type of Work: Lighting Maintenance l� .._.� COP 205 (04100 U9 GF Materials Management �Yp QUESTIONNAIRE Procurement 9875 N. 85" Ave., 20° FI. * Peoria, Arizona 85345-6560 +0 Phone: (623) 773-7115 0 Solicitation Number: Q16-04 Fax: (623) 773-7118 Vendors are to indicate below any exceptions they have taken to the Terms, Conditions or Specifications. 93 No Exceptions. ® Vendor takes the following Exceptions: City of Peoria Business License: Peoria City Code requires that all persons conducting business in Peoria must first obtain a license. This includes businesses within the Peoria city limits, or those outside the limits who conduct business or perform services within Peoria. For business license questions or to obtain a license, please contact the City of Peoria Sales Tax & License Division at (623) 773-7160 or via email at salestax(a'-},peoriaAZ.Qov. 0 City of Peoria business license attached, if applicable. IM Offeror will obtain a City of Peoria business license at the time of contract award. Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? Yes X , No If yes, please provide details and documentation of the certification. ADOT DBE Contractor #1546 City of Phoenix SBE ! WBE Contractor COP 205 (04A)W14)CF EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND UTILITY CONSTRUCTION COMPANY, INC. [Proposals] See following pages. 2846778.1 Submitted To: Town of Fountain Hills Public Works 16705 E Avenue of Fountains Fountain Hills, AZ 85268 Ii= M -V, Prepared By: T-- 4UJ"JL2Lx*tJrILJL4etI"xk 'Cx. 1--JO1rI ' [ �lf-- Energy Efficient Lighting - Complete Project Management - Sustainable Solutions 7J 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 Table of Contents Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ 1) Abbreviations................................................................................................................................... 3 11) Executive Summary.........................................................................................................................4 III) Background.....................................................................................................................................5 IV) Project Development......................................................................................................................5 V) Town Hall & Community Center....................................................................................................... 6 VI) Museum and Library.......................................................................................................................8 VII) Avenue of the Fountains — North and South Side........................................................................... 9 VIII) Special Notes and Considerations............................................................................................... 10 Attachments: • Attachment 1 - Calculation Sheet • Attachment 2 — Site Layout Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 2 of 10 7J 7TT'r,1T `71r 4UVuy tr ilC t1VI1 1) Abbreviations AEE Association of Energy Engineers APS Arizona Public Service CCT Correlated Color Temperature CEM Certified Energy Manager CRI Color Rendering Index DLC Design Lights Consortium EA Each HR Hour HID High Intensity Discharge HIPS High Pressure Sodium IDA International Dark -Sky Association K Kelvin kW Kilowatt kWH Kilowatt Hour LED Light Emitting Diode MH Metal Halide PC Photocontrol PLG Phoenix Lighting Group QPL Qualified Products List QNT Quantity ROI Return On Investment SRP Salt River Project UL Underwriters Laboratory v Volts W Watt Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 3 of 10 "rJT"rrr,1T _ 4Uc>rt'+ir1Lict1"KA Co�zz�►�z.rry. ■���_ II) Executive Summary Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ The following provides a snap shot of the financial savings and lifetime costs of upgrading these properties to LED lighting technology. The methods used to calculate these savings and determine LED lighting solution will be detailed in the following sections of this proposal. Proiect Cost Town Hall / Community Center $ 14,448.75 Museum / Library $ 7,312.50 Avenue of the Fountains — North and South Side $ 4,512.50 Total Cost for All Locations $ 26,273.75 Annual Estimated Savings Electric Load 19.73 kW Electric Energy 77,616 kWh Electricity Cost $ 7,761.59 Maintenance Cost + $ 2,934.10 Total Annual Savings $ 10,695.69 Simple Payback Period Total Cost $ 26,273.75 Total Annual Savings - $ 10,695.69 PaybackSimple .. 2.46 Years 5 Year Return on Investment Total Annual Savings $ 10,695.69 No. of Years X 5 Total Project Costs — $ 26,273.75 Arizona ROC 11124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 4 of 10 Energy Efficient Lighting Upgrades 7J 7T_77,__7_7T_"1 Town of Fountain Hills, Public Works C'vuytritotierit Fountain Hills, AZ Coiripsaa�y. ■nom_ III) Background Utility Construction Company, Inc. (UCC) has prepared this proposal for the upgrade of existing outdoor area lighting for the Town of Fountain Hills Public Works Department (Town), under the cooperative purchase agreement with the City of Peoria for Light Maintenance and Inspection Services (contract No. ACON04216A). This proposal is divided into the following sections: • Abbreviations • Executive Summary • Background • Project Development • Town Hall & Community Center • Museum & Library • Avenue of the Fountains — North and South Sides • Special Notes and Considerations UCC utilized Phoenix Lighting Group, LLC. (PLG) to perform lighting and energy saving services for this proposal. PLG is a subsidiary of UCC, who specializes in lighting and energy management services. Together, the UCC/PLG team offers complete, turn -key LED lighting solutions in house locally in Mesa, AZ. IV) Project Development After several meeting and correspondence with the Town, UCC was able to identify the following objectives for this project: 1. Reduce the Town's energy expense 2. Reduce the Town's maintenance expense 3. Improve the quality of the Town's lighting without over lighting 4. Improve the Town's Dark Sky performance in addition to these objectives, the following was also considered in the preparation of this proposal: 1. Town of Fountain Hills Zoning Ordinance Chapter 8, dated December of 2016 2. Fountain Hills Dark Sky Association (http://fhdarksky.com) rite 5�jrvev In order to ensure that all objectives and requirements were met, UCC performed a Site Survey of the locations in consideration. During this site survey, a field technician recorded on-site data in a GIS compatible format. The information that we recorded of each fixture was: 1. Existing Fixture Type Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 5 of 10 7J 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 2. Existing Lamp Type 3. Line Voltage 4. Mounting Height 5. Existing Light Levels 6. Existing Correlated Color Temperature Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ Photr)metric An?lvvsic Using the information from the Site Survey, UCC performed a Photometric Analysis for the proposed LED lighting upgrades for the subject project. This Photometric Analysis created a site plan for each location. Using computer simulation software, proposed LED solutions were processed and lighting calculations were verified for compliance with project requirements. Energy Savings LED lights consume less electricity to produce illumination compared to traditional light sources. Data from the site survey was used with the procedures for energy saving calculations described by Salt River Project to estimate energy savings. All energy saving calculations were performed by a CEM, accredited by the AEE. LED light sources have a much longer useful life compared to HID fixtures. This results in cost savings for lighting system maintenance. In order to estimate maintenance cost savings to the city, the following assumptions were made: These assumptions were used along with the lighting maintenance cooperative purchasing agreement from the City of Peoria to estimate annual maintenance savings. Maintenance projections include light fixture only, and does not consider maintenance of electrical system up to that point. V) Town Hall & Community Center Scone of Work See Attachments 1&2 for details of project site and scope. Following is a breakout: Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 6 of 10 7 j 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ All proposed LEDs: • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 1,407.54 Annual Maintenance Cost of LED System $ 0.00 'rice The price to perform all work in Town Hall & Community Center Scope of Work section above, including labor, equipment, and other items of value, is Fourteen thousand, Four hundred, Forty Eight dollars and Seventy Five cents ($ 14,448.75) Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 7 of 10 Pedestrian Shoebox—Single Fixture— C LED Luminaire Replacement Kit — 25 W 12 10OW Metal Halide D Wall Pack — 10OW Metal Halide LED Luminaire Replacement Kit — 25 W 10 E Decretive Globes -42W CFL Pin Base 14W LED Direct Drive Lamp 10 Recessed Downlights — 32W CFL Pin F 12W LED Direct Drive Lamp 14 Base All proposed LEDs: • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 1,407.54 Annual Maintenance Cost of LED System $ 0.00 'rice The price to perform all work in Town Hall & Community Center Scope of Work section above, including labor, equipment, and other items of value, is Fourteen thousand, Four hundred, Forty Eight dollars and Seventy Five cents ($ 14,448.75) Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 7 of 10 "rJT"rrr,1T _ Cc>rt'+iriictI"XA Ctr�zzit►�z.riy. ■���_ VI) Museum and Library Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ ' ,-- r) „4 gin/. See Attachments 1&2 for details of project site and scope. Following is a breakout: ProposedLabel Existing Fixture Type • Parking Lot Shoebox — Single Fixture A —175W Metal Halide LED Luminaire Replacement Kit — 54 W 8 Parking Lot Shoebox— Double Fixture B LED Luminaire Replacement Kit — 54 W 22 — 175W Metal Halide All proposed LEDs: • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 684.46 Annual Maintenance Cost of LED System $ 0.00 Price Arizona ROC 11124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 8 of 10 7J 77_77'__7_7T_ � CVuy tr ilC t1VI1 CoiRik paxX13. ■�z�_ Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ The price to perform all work in Museum and Library Scope of Work section above, including labor, equipment, and other items of value, is Seven thousand, Three hundred, Twelve dollars and Fifty cents ($ 7,312.501 VII) Avenue of the Fountains — North and South Side Scope of Work See Attachments 1&2 for details of project site and scope. Following is a breakout: All proposed LEDs: • Existing sail spot lights and pole mounted LED fixtures are excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Energy Efficient Lighting — Complete Project Management — Sustainable Solutions Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 9 of 10 Existing Fixture Type ProposedLabel Quantity Pole Mounted, Post Top, Screw-in LED Cob Light, Direct Drive — A Architectural Light — 150W HPS 36W 36 Wall Sconce, Architectural Light — Screw-in LED Cob Light, Direct Drive — AB 2 150W HPS 36W C Pole Mounted LED Light OUT OF SCOPE 2 D Pole Mounted LED Light OUT OF SCOPE 4 All proposed LEDs: • Existing sail spot lights and pole mounted LED fixtures are excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Energy Efficient Lighting — Complete Project Management — Sustainable Solutions Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 9 of 10 4UVuy tr ilC t1VI1 Coirip�ia�y. arm - Energy Efficient Lighting Upgrades Town of Fountain Hills, Public Works Fountain Hills, AZ Annual Maintenance Cost of Existing System $ 842.10 Annual Maintenance Cost of LED System $ 0.00 The price to perform all work in Avenue of the Fountains N & S Scope of Work section above, including labor, equipment, and other items of value, is Four thousand, Five hundred, Twelve dollars and Fifty cents ($ 4,512.50) VIII) Special Notes and Considerations 1. All estimated energy savings, maintenance savings, financing terms/payments, and financial projections are provided as a courtesy to the customer to illustrate true project impact, and UCC makes no guarantees under this proposal. UCC does offer performance contracting which will provide a contractual guarantee to energy and maintenance savings upon request. 2. Photometric analysis completed using the existing conditions of the facility. UCC is not responsible for existing deficient lighting designs. 3. All energy performance data was calculated using the utility company's software and methodology. Energy Savings are subject to fluctuations to energy costs. 4. All maintenance performance data was calculated using the U.S. Department of Energy's information and was verified by UCC's historical data. This data can be provided to customer upon request. This data can be updated with the customer's own maintenance data upon request. 5. Utility company rebate is subject to final approval by utility company. 6. All information provided is based off of a preliminary site investigation. Negotiations with customer may change the conditions and assumptions made by UCC at the time of preparation of this proposal. Any change to the conditions may result in a change of price to the customer. 7. Pricing assumes existing conditions of a properly operating lighting system. Existing deficiencies of the facility may result in additional costs and/or a void warranty. 8. All changes in scope of work and pricing will only be performed upon an executed, written change order. 9. This proposal, including all attachments, will be included as an Exhibit in the Contract for this project. 10. No exclusionary Clauses in the Contract Language shall supersede the contract of this proposal without prior written consent. 11. Installations come with a 1 year workmanship warranty. Please review UCC's warranty statement for terms and conditions of LED fixture 5 year warranty. 12. This proposal is good for 30 days. 13. Excludes Permits / Permit Fees Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 10 of 10 Submitted To: Town of Fountain Hills Community Services 16705 E Avenue of Fountains Fountain Hills, AZ 85268 Prepared By: 'CIR. I-01rI ' [ �lf-- Energy Efficient Lighting - Complete Project Management - Sustainable Solutions Energy Efficient Lighting Upgrades 7J 7T_77'__7_7T_"1 Town of Fountain Hills, Community Services C'vuytritott"NA Fountain Hills, AZ 4C01 Y1].)EXXILY. ■rm- Table of Contents 1) Abbreviations................................................................................................................................... 3 11) Executive Summary.........................................................................................................................4 III) Background.....................................................................................................................................5 IV) Project Development......................................................................................................................5 V) Fountain Park.................................................................................................................................. 7 VI) Desert Vista Park............................................................................................................................ 8 VII) Four Peaks Park.............................................................................................................................9 VIII) Golden Eagle Park....................................................................................................................... 10 IX) Avenue of the Fountains — Green Belt...........................................................................................12 X) Special Notes and Considerations..................................................................................................13 Attachments: • Attachment 1- Calculation Sheet • Attachment 2 — Site Layout Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 2 of 13 7J 7TT'r,1T `71r 4UVuy tr ilC t1VI1 1) Abbreviations AEE Association of Energy Engineers APS Arizona Public Service CCT Correlated Color Temperature CEM Certified Energy Manager CRI Color Rendering Index DLC Design Lights Consortium EA Each HR Hour HID High Intensity Discharge HIPS High Pressure Sodium IDA International Dark -Sky Association K Kelvin kW Kilowatt kWH Kilowatt Hour LED Light Emitting Diode MH Metal Halide PC Photocontrol PLG Phoenix Lighting Group QPL Qualified Products List QNT Quantity ROI Return On Investment SRP Salt River Project UL Underwriters Laboratory v Volts W Watt Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 3 of 13 7 j 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 II) Executive Summary Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ The following provides a snap shot of the financial savings and lifetime costs of upgrading these properties to LED lighting technology. The methods used to calculate these savings and determine LED lighting solution will be detailed in the following sections of this proposal. Proiect Cost Fountain Park $ 10,390.00 Desert Vista Park $ 20,655.00 Four Peaks Park $ 13,396.25 Golden Eagle Park $ 22,510.00 Avenue of the Fountains — Green Belt $ 3,918.75 Total Cost for All Locations $ 70,870.00 Annual Estimated Savings Electric Load 40.73 kW Electric Energy 78,508 kWh Electricity Cost $ 7,850.90 Maintenance Cost + $ 5,967.80 Total Annual Savings $ 13,818.70 Simple Payback Period Total Cost $ 70,870.00 Total Annual Savings - $ 13,818.70 PaybackSimple .. 5.13 Years Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 4 of 13 Energy Efficient Lighting Upgrades 7J 7T_77,__7_7T_"1 Town of Fountain Hills, Community Services C'vuytritott"NA Fountain Hills, AZ CoiripEXIERY. ■nom_ III) Background Utility Construction Company, Inc. (UCC) has prepared this proposal for the upgrade of existing outdoor area lighting for the Town of Fountain Hills Community Services Department (Town), under the cooperative purchase agreement contract with the City of Peoria for Lighting Maintenance and Inspection Services (contract No. ACON04216A). This proposal is divided into the following sections: • Abbreviations • Executive Summary • Background • Project Development • Fountain Park • Desert Vista Park • Four Peaks Park • Golden Eagle Park • Avenue of the Fountains Green Belt • Special Notes and Considerations UCC utilized Phoenix Lighting Group, LLC. (PLG) to perform lighting and energy saving services for this proposal. PLG is a subsidiary of UCC, who specializes in lighting and energy management services. Together, the UCC/PLG team offers complete, turn -key LED lighting solutions in house locally in Mesa, AZ. IV) Project Development After several meeting and correspondence with the Town, UCC was able to identify the following objectives for this project: 1. Reduce the Town's energy expense 2. Reduce the Town's maintenance expense 3. Improve the quality of the Town's lighting without over illumination 4. Improve the Town's Dark Sky performance In addition to these objectives, the following were also considered in the preparation of this proposal: 1. Town of Fountain Hills Zoning Ordinance Chapter 8, dated December of 2016 2. Fountain Hills Dark Sky Association (http://fhdarksky.com) Sits �i � rvper In order to ensure that all objectives and requirements were met, UCC performed a Site Survey of the locations in consideration. During this site survey, a field technician recorded on-site data in a GIS compatible format. The information that was recorded was: Energy Efficient Lighting — Complete Project Management — Sustainable Solutions Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 5 of 13 7J 77_77'__7_7T_ � 4UVuy tr i1C t1VI1 Coirip�ia�y. arm - 1. Existing Fixture Type 2. Existing Lamp Type 3. Line Voltage 4. Mounting Height 5. Existing Light Levels 6. Existing Correlated Color Temperature Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Photometric Analysis Using the information from the Site Survey, UCC performed a Photometric Analysis for the proposed LED lighting upgrades for the subject project. This Photometric Analysis created a site plan for each location. Using computer simulation software, proposed LED solutions were processed and lighting calculations were verified for compliance with project requirements. Monument Sign Lignting at Fountain Park Included in this proposal are the 9 ea Lithonia brand LED flood lights at Fountain Park. These were requested to be replaced in kind with 3K color light fixtures for dark sky compliance. These represent a large portion of the cost of the project, and provide no return on investment. Therefore, financial savings are skewed from a true LED upgrade project. Snorts Field I ighting This proposal include site lighting only. Sports field lighting will be provided in a separate proposal. Fnerg-v Savings LED lights consume less electricity to produce illumination compared to traditional light sources. Data from the site survey was used with the procedures for energy saving calculations described by Salt River Project to estimate energy savings. All energy saving calculations were performed by a CEM, accredited by the AEE. Maintenance Savings LED light sources have a much longer useful life compared to HID fixtures. This results in cost savings for lighting system maintenance. In order to estimate maintenance cost savings to the city, the following assumptions were made: These assumptions were used along with the lighting maintenance cooperative purchasing agreement from the City of Peoria to estimate annual maintenance savings. Maintenance projections include light fixture only, and does not consider maintenance of electrical system up to that point. CompleteEnergy Efficient Lighting — Sustainable Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 6 of 13 7J 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 V) Fountain Park Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Scone of VVIr See Attachments 1 & 2 for details of project site and scope. Following is a breakout: Notes on proposed LEDs: • Standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT, except flood lights will be 3K • UL Listed • DLC, Energy Star, or LED Lighting Facts certified The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 594.41 Annual Maintenance Cost of LED System $ 0.00 Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 7 of 13 Existing Fixture Type ProposedLabel Quantity A & B Decretive Pendent — 175W MH LED Luminaire Replacement Kit — 25 W 13 Ramada Lights — East Parking Lot — C LED Luminaire Replacement Kit — 25 W 22 100W MH Monument Sign Floodlight — 78W D In -Kind — 78W LED - 3K CCT 9 LED — 4K CCT Ramada Lights — West Parking Lot — E LED Luminaire Replacement Kit — 25 W 2 70W MH Notes on proposed LEDs: • Standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT, except flood lights will be 3K • UL Listed • DLC, Energy Star, or LED Lighting Facts certified The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 594.41 Annual Maintenance Cost of LED System $ 0.00 Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 7 of 13 7J 77_77'__7_7T_ � 4UVuy tr irC t1VI1 Coirrpsr.r•x arm - Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Price The price to perform all work in Fountain Park Scope of Work section above, including labor, equipment, and other items of value, is Ten thousand, Three hundred, Ninety dollars and Zero cents ($10,390.00) VI) Desert Vista Park Scope of Work See Attachments 1&2 for details of project site and scope. Following is a breakout: Notes on proposed LEDs: • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • Shall be 27K in CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Fnerl?y'7,Pvin,gs The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 1,127.74 Annual Maintenance Cost of LED System $ 0.00 Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 8 of 13 7J 77_77'__7_7T_ � 4UVuy tr irC t1VI1 LOZrr})iLrly. arm - Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Price The price to perform all work in Desert Vista Park Scope of Work section above, including labor, equipment, and other items of value, is Twenty thousand, Six hundred, Fifty Five dollars and Zero cents ($ 20,655.00) VII) Four Peaks Park Scope of Work See Attachments 1&2 for details of project site and scope. Following is a breakout: Notes on proposed LEDs: • Existing LED Dusk to Dawn wall pack excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • All Sports Lighting shall be 5K CCT • All site lighting shall be 27K CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 9 of 13 Existing Fixture Type ProposedLabel Quantity A Parking Lot Shoebox —1000W MH LED Luminaire Replacement Kit —154 2 B Tennis Court —1000W MH LED Luminaire Replacement Kit — 222 6 C Site Lighting Post Top —150W HPS Luminaire Replacement Kit —110 11 \LVED C-2 Parking Lot Shoebox —150W HPS Luminaire Replacement Kit —110 2 \LVED D Site Lighting Shoebox —150W HPS Luminaire Replacement Kit —110 4 \LVED E Round Bulk Head Style Wall Sconce — New Bulk Head Style Fixture with 6W 12 20W CFL LED Lamp Round Bulk Head Style Wall Sconce — New Bulk Head Style Fixture with 6W F 20W PL Pin Base LED Lamp 2 G LED Wall Pack OUT OF SCOPE 1 Notes on proposed LEDs: • Existing LED Dusk to Dawn wall pack excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • All Sports Lighting shall be 5K CCT • All site lighting shall be 27K CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy Savings The following assumptions were made at the time of preparation of this proposal: Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 9 of 13 7J 77_77'__7_7T_ � 4UUliy t r i1C t1V I1 CoiRik paxX13. ■rm- Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Site Lighting Operating Hours 1,927.5 hours per Dusk til 11:00 PM, 5:30 AM wil Dawn year operation Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Mair '--nance Sav`,ry, r. See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 2,887.11 Annual Maintenance Cost of LED System $ 0.00 Price The price to perform all work in Four Peaks Park Scope of Work section above, including labor, equipment, and other items of value, is Thirteen thousand, Three hundred, Ninety Six dollars and Twenty Five cents ($ 13,396.25) VIII) Golden Eagle Park Scope of Work See Attachments 1&2 for details of project site and scope. Following is a breakout: Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 10 of 13 Existing Fixture Type ProposedLabel Quantity Luminaire Replacement Kit —110 A Site Lighting Shoebox — 250W MH 23 \LVED Volleyball and Horseshoe Pit — LED Luminaire Replacement Kit —154 B 5 1,000W MH W C -A Canopy Lights — Ramadas — 50W MH LED Luminaire Replacement Kit — 25 W 19 Lights — Bathrooms — 10OW C -B&C LED Luminaire Replacement Kit — 25 W 5 IC�aHopy Basketball Court Shoeboxes — LED Luminaire Replacement Kit — 154 D 4 1,000W MH W E Parking Lot Shoeboxes —150W MH LED Luminaire Replacement Kit — 54 W 7 Luminaire Replacement Kit —110 F Site Lighting Shoeboxes — 150W MH 7 \LVED Luminaire Replacement Kit —110 H Site Lighting Shoeboxes — 250W MH LED 5 Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 10 of 13 7 j 77_77'__7_7T_ � 4UVuy tr ilC t1VI1 Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ I Recessed Down light — 70W MH LED Luminaire Replacement Kit — 25 W 5 J 4' Wrap Around - 2 Lamp, T8 4' LED T8 Lamps — Direct Drive — 12 W 6 Notes on proposed LEDs: • Excludes Tennis Courts • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • All Sports Lighting shall be 5K CCT • All site lighting shall be 27K CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified i=nergv Savings The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Maintenance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 2,430.35 Annual Maintenance Cost of LED System $ 0.00 Price The price to perform all work in Golden Eagle Park Scope of Work section above, including labor, equipment, and other items of value, is Twenty Two thousand, Five hundred, Ten dollars and Zero cents ($ 22,510.00) Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 11 of 13 "rJT"rrr,1T _ 4U"XXP+ir1Li0t1"1A Cc�iz��►�i.rry. ■���_ IX) Avenue of the Fountains — Green Belt Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ See Attachments 1&2 for details of project site and scope. Following is a breakout: Notes on proposed LEDs: • Existing LED Wind Sail Accent Lights are excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • All site lighting shall be 27K CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy �)avir igs The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Mai -,nance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 576.20 Annual Maintenance Cost of LED System $ 0.00 Arizona ROC 11124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 12 of 13 Existing Fixture Type ProposedLabel Quantity Pole Mounted Architectural Lights — A Screw -In LED Cob light, Direct Drive 17 150W HPS Column Mounted Architectural AA Screw -In LED Cob light, Direct Drive 16 Lights — 150W HIPS B Wind Sail Accent Light — LED OUT OF SCOPE Notes on proposed LEDs: • Existing LED Wind Sail Accent Lights are excluded from scope of work • Come with a standard 5 year warranty, with an optional 10 year warranty at additional cost • All site lighting shall be 27K CCT • UL Listed • DLC, Energy Star, or LED Lighting Facts certified Energy �)avir igs The following assumptions were made at the time of preparation of this proposal: Below is a summary of electricity savings across the entire scope of work. See Attachment 1 for a fixture by fixture, location by location breakdown. Mai -,nance Savings See Attachment 1 for a fixture by fixture, location by location breakdown. Annual Maintenance Cost of Existing System $ 576.20 Annual Maintenance Cost of LED System $ 0.00 Arizona ROC 11124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 12 of 13 4UVuy tr irC t1VI1 LOZrr I)ir.rly. arm - Energy Efficient Lighting Upgrades Town of Fountain Hills, Community Services Fountain Hills, AZ Price The price to perform all work Avenue of the Fountains Green Belt Scope of Work section above, including labor, equipment, and other items of value, is Three thousand, Nine hundred, Eighteen dollars and Seventy Five cents ($ 3,918.75) X) Special Notes and Considerations 1. All estimated energy savings, maintenance savings, financing terms/payments, and financial projections are provided as a courtesy to the customer to illustrate true project impact, and UCC makes no guarantees under this proposal. UCC offers performance contracting which will provide a contractual guarantee to energy and maintenance savings upon request. 2. Photometric analysis completed using the existing conditions of the facility. UCC is not responsible for existing deficient lighting designs. 3. All energy performance data was calculated using the utility company's software and methodology. Energy Savings are subject to fluctuations to energy costs. 4. All maintenance performance data was calculated using the U.S. Department of Energy's information and was verified by UCC's historical data. This data can be provided to customer upon request. This data can be updated with the customer's own maintenance data upon request. 5. Utility company rebate is subject to final approval by utility company. 6. All information provided is based off of a preliminary site investigation. Negotiations with customer may change the conditions and assumptions made by UCC at the time of preparation of this proposal. Any change to the conditions may result in a change of price to the customer. 7. Pricing assumes existing conditions of a properly operating lighting system. Existing deficiencies of the facility may result in additional costs and/or a void warranty. 8. All changes in scope of work and pricing will only be performed upon an executed, written change order. 9. This proposal, including all attachments, will be included as an Exhibit in the Contract for this project. 10. No exclusionary Clauses in the Contract Language shall supersede the contract of this proposal without prior written consent. 11. Installations come with a 1 year workmanship warranty. Please review UCC's warranty statement for terms and conditions of LED fixture 5 year warranty. 12. This proposal is good for 30 days. 13. Excludes Permits / Permit Fees Arizona ROC #124023 (A -Gen), 200356 (A-17 Electrical), 122544 (C-11 Electrical) Page 13 of 13 4UnX3LMt3ru4A1"n 4VQMM]]a.X1�r 27112' 23 February 2017 Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Attn: Mr. Justin Weldy iweldv@fh.az.gov Project ('Project'): Town of Fountain Hills Outdoor Lighting LED Upgrade City of Peoria Contract No. ACON04216A Subject: Traffic Signal LED Conversion Cost Estimate Mr. Weldy, ArizonaDOT DBE Contractor #20052947 City of Phoenix SBC / SBE Contractor California DBE Contractor #37975 Nevada DBE Contractor #NV01244UCPN New Mexico DBE Contractor Texas DBE UCP Contractor Utility Construction Company, Inc. ('UCC') is submitting this letter to The Town of Fountain Hills ('Town') to provide a cost estimate for the conversion of existing HID luminaire at traffic signals to LED luminaries as follows: 1.0 Scope of Work Estimate is to convert existing traffic signal luminaire to LED. 2.0 Budgetary Pricing Item Description Qnt Unit Price Extended 1 Labor — Remove and Replace Luminaire 8 HR $ 150.00 $ 1,200.00 2 Option A — GE ERS20F3C170401GRAY or 4 EA $ 518.00 $ 2,072.00 equivalent Sales Tax @ 8.06% 8.06% $ 167.00 3 Option B — GE ERS1013C1X40AGRAYR or 4 EA $ 482.00 $ 1,928.00 equivalent Sales Tax @ 8.06% 8.06% $ 155.40 Subtotal - Option A per Intersection $ 3,439.00 Subtotal - Option B per Intersection $ 3,283.40 Mesa, AZ • Phoenix, AZ • Tucson, AZ • San Antonio, TX • P. O. Box 1774 • Gilbert AZ 85299 • Phone (480) 654-3100 El Paso, TX • Columbus, NM • Fax (480) 654-8374 4N Arizona ROC #124023 (A -Gen) • Arizona ROC #200356 (A-17 Electrical) • Arizona ROC #122544 (C-11 Electrical) California CLSB #906009 (A -Gen) • Nevada SCB #0073368 (A -Gen) • New Mexico RLD-CLD #367690 (GS08) 1992-2017 3��7- — J..—L Cnu�ntruc�ti+rrzz Arizona DOT DBE Contractor #20052947 City of Phoenix SBC / SBE Contractor California DBE Contractor #37975 Nevada DBE Contractor #NV01244UCPN New Mexico DBE Contractor Texas DBE UCP Contractor Total — Option A at 11 Intersections 11 EA $ 3,439.00 $ 37,829.00 Total — Option B at 11 Intersections 11 EA $ 3,283.40 $ 36,117.40 3.0 Notes: a. Does not include permits/ permit fees Sincerely, Jess Daniels Project Manager / Estimator aessd@utilityconstructionco.com � A% Mesa, AZ • Phoenix, AZ • Tucson, AZ • San Antonio, TX • El Paso, TX • Columbus, NM P. O. Box 1774 • Gilbert AZ 85299 • Phone (480) 654-3100 • Fax (480) 654-8374 Arizona ROC #124023 (A -Gen) • Arizona ROC #200356 (A-17 Electrical) • Arizona ROC #122544 (C-11 Electrical) ` California CLSB #906009 (A -Gen) • Nevada SCB #0073368 (A -Gen) • New Mexico RLD-CLD #367690 (GS08) 1992-2017 CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT Date: 4/10/2017 Staff's Name: Justin T. Weldy Department: Public Works Vendor's Name: Utility Contracting Inc Vendor Number; I Pending Address: POM Box 1744 Gilbert AZ 85299 Phone:480-654-3100 Received W9:❑ Y Z N ❑ ALREADY IN SYSTEM Business License #: Pending Exp, Date: ACCOUNTING SUMMARY Org abject Project/# $ Accounting Code:. Brief Description of Service: Lighting up grades If Renewable: 0 Accounting Code: 0 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 Yes Accounting Code: Contract Beginning Date: 4/20/2017 Contract Expiration Date: 2/11/2018 TBD(used for variety of different things/departments/funds): Various 6290 Budget Page #: Various CONTRACT SUMMARY Contract Number Assigned: 023017-079 Current Contract Total: 140.000 Total Contract Amount with Renewals: 140.000 Brief Description of Service: Lighting up grades If Renewable: 0 Total # of Renewals Max: 0 FY Cumulative Vendor Totals: Does this Contract put it over $50,000 Yes ❑ No Contract Beginning Date: 4/20/2017 Contract Expiration Date: 2/11/2018 Budgeted Expenditure: ❑ Yes Z No Budget Page #: Various Approved by Council: Z Yes; Date: 4/20/2017 ❑ No ❑ N/A Insurance Certificate provided: ❑ Yes ❑ No ❑ N/A Warranty Period: Z Yes ❑ No If Yes, expires 6/20/2018 Estimated Start Date: 4/24/2017 Estimated Completion Date: 6/30/2017 GRANT SUMMARY Paid for by Grant: ❑ Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/21/16 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Date of Request:2/22/2017 Justin T.Weldy Date Director Approved Request: 602-721-2646 jweldy@fh.az.gov 2/2212017 Due Date (From Town Attorney's office): Proposed Council Date: 3/16/2017 3/6/2017 Or, LEAD TIME: Minimum of 2weeks prior to date of Council meeting Council Approval Is not required: [] Describe Requested Legal Services: Prepare a cooperative purchasing agreement using the attached City of Peoria documents for lighting maintenance, including, streetlights, parking lot lighting, exterior building lighting and park lighting. Please include renewals. Proposed Agenda Language [if applicable]: Consideration of approving t the Cooperative Purchasing Agreement C2017-079 with Utility Construction, Construction Inc in the amount not to exceed 125,000.00. For lighting upgrades and maintenance Town wide. Vendor/Consultant/Agreement/Agency Information: Contact Name: Bob Martin Entity Name: Utility Construction Company inc Entity Address: PO Box 1774 Gilbert AZ 85299 Entity Phone, Facsimile and E-mail address: 480-654-3100-480-654-8374- bob@utilityconstmctionco.com Town of Fountain Hills Business License Number Pending Arizona Corporation Commission File Number 07528237 Documents Requested: i] PA (PurchaseyAmendment El Ordinance # (Draft attached: Yes) ❑ IFB (Invitation for Bid) Publication Dates for Zoning Actions:_ ❑ RFQ (Request for Qualifications) El Resolution # (Draft attached: Yes) ❑ RFP (Request for Proposals) El Easement (Specify Type)_ ❑ CSA(ConstructionyAmendment ❑ Deed_ (Specify Type)_ ❑ QSP(Quotes for Small Projects) Approval El IGAIAmendment (Corresponding Resolution Required) tD Cooperative Purchasing Agreement Approval [] PSA/Amendment i] Other Required Contract/Agreement Information: Method of Vendor Selection: Google search Tenn of Contmct/Agreemenb03-16-17 02-11-18 Contract Amount (this contmc0:$125,000.00 Cumulative Contract Amount:_ Brief description of services/goods being sought:Lighting repairs and replacements Contract Number Assigned:C2017-079 Funding Source:STTS. 4POP, AOTFOP, DVOP, FACLSE, FPOP, GEPOP Project Number:NA Budget Transfer Required:,fNA)- attach appropriate documentation ------ ______....................... _..................... ._____________________--.-..-.-.----______________-__-- ............ _.___ Staff Check List [this s cfon's for staff's use to ensure that the Request for Legal Services submitted is comoletel: A "request for legal services form" will be returned if submitted without the necessary information and attachments. [Use the tlmp down boxes below as necessary] 'Scope of Work or Specifications Attached: (NA) *Fee Proposal or Price Sheet Attached (NLA) *Proposal or Statement of Qualifications from Vendor Attached (NA) *Bid/RFQ/RFP Schedule Attached (NA) *QSP Document Attached NA "Ally TOWN OF FOUNTAIN HILLS �o `� Z TOWN COUNCIL ,; 4• AGENDA ACTION FORM Fhef is As`yo Meeting Date: 4120/20/7 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Fire Department Staff Contact Information: Dave Ott, Fire Chief, 480 816-5280 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving CONTRACT #02.017-108 with LN Curtis for an Eagle Air Breathing Air Compressor for self-contained breathing apparatus, in the amount of $52,153.96. Applicant: Fire Department Applicant Contact Information: dott c@fh.az.gov 480 816-5280 Owner: Town of Fountain Hills Owner Contact Information: NA Property Location: New Sta. 2, 10650 N. Fountain Hills Blvd. Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): The existing breathing air compressor is currently 15 years old and at the end of its service life. The estimated costs for continued maintenance and repairs are approaching the cost for a new compressor. The new compressor is budgeted as part of the Station 2 Relocation Project. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): 342 Funding Source: NA If Multiple Funds utilizers, list here: Budgeted, if No, attach Budget Adjustment Form: yes Recommendations) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff Recommends Approval List Attachment(s): SUGGESTED MOTION (for Council use): Pagel of 2 Prepared by: Dave Ott Director' val: e u,Fir.hief 12L1T Ap cued: I Grady -E. Mlller, ovm ager 12/15/2016 Paget oft Contract No. C2017-108 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS AND SONS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of April 20, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and L.N. Curtis and Sons, Inc., a California corporation (the "Vendor"). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative, Inc. ("Mohave") entered into Contract No. 16K-LNCS-1202, dated December 2, 2016 (the "Mohave Contract"), with the Vendor for the purchase of fire turnouts and emergency services related equipment. A copy of the Mohave Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Mohave Contract, at its discretion and with the agreement of the awarded Vendor, and the Mohave Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Vendor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the Mohave Contract and this Agreement, (ii) establishing the terms and conditions by which the Vendor may provide the Town with one Blackhawk CFS breathing air compressor system, as more particularly set forth in Section 2 below (the "Equipment") and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Equipment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until December 1, 2017, unless terminated as otherwise provided in the Mohave Contract. 2. Scope of Work. Vendor shall provide to the Town the Equipment under the terms and conditions of the Mohave Contract and in the configuration as set forth in the Quotation attached hereto as Exhibit B and incorporated herein by reference. 2939997.1 3. Inspection; Acceptance. The Equipment is subject to final inspection and acceptance by the Town. Equipment failing to conform to the requirements of this Agreement and/or the Mohave Contract will be held at the Vendor's risk and may be returned to the Vendor. If so returned, all costs are the responsibility of the Vendor. Upon discovery of non -conforming Equipment, the Town may elect to do either of the following by written notice to the Vendor: (i) waive the non-conformance or (ii) bring the Equipment into compliance and withhold the cost of same from any payments due to the Vendor. 4. Compensation. The Town shall pay Vendor an aggregate amount not to exceed $52,153.96 for the Equipment at the unit rate set forth in the Mohave Contract and as more particularly set forth in the Quotation attached hereto as Exhibit B. 5. Pam. The Town shall pay the Vendor upon delivery and acceptance of the Equipment and upon submission and approval of the invoice. The invoice shall (i) contain a reference to this Agreement and the Mohave Contract and (ii) document the Equipment delivered and accepted to date. Additionally, an invoice submitted without referencing this Agreement and the Mohave Contract will be subject to rejection and may be returned. 6. Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under Section 7 below, Vendor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors' employees who perform any work or services pursuant to this Agreement (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 Town, to the extent necessary to adequately permit evaluation of the Vendor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 7 below. To the extent necessary for the Town to audit Records as set forth in this Section, Vendor 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 Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 7. E -verify Requirements. To the extent applicable under ARiz. REV. STAT. § 41- 4401, the Vendor 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). Vendor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 2939997.1 2 8. Israel. Vendor 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. 9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to Axlz. REv. STAT. § 38-511. 10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 11. Agreement Subject to Appropriation. The Town 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 Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town 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 Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town'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 Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Vendor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Vendor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Mohave Contract and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the Mohave Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Mohave Contract shall not alter such terms and conditions or relieve Vendor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 13. Rights and Privileges. To the extent provided under the Mohave Contract, the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be "Mohave" (as defined in the Mohave Contract) for the purposes of the portions of the Mohave Contract that are incorporated herein by reference. 2939997.1 3 14. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 13 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Mohave to the extent provided under the Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Vendor's obligation to provide the indemnification and insurance. In any event, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town 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 Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 15. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: GUST RosENFELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Vendor: L.N. Curtis and Sons, Inc. 4647 South 33rd Street Phoenix, Arizona 85040 Attn: Gary Norton 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 (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) 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. 2939997.1 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2939997.1 "Vendor" LI.N. C URT.I S AND SONS, a California corporation M Nama: Buemcori Nom oni ,11itla: Cualamer Service & C riereitiaris Manaigeui IJAC KNOA LIE11IGMF N -T SlIATH OF ARIZONA ) ) ss. COUN`UY OF MARICOPA ) Or I I W " % ,111: a a California ccirporalion, whose identi 10 to 1he person whci he/shei claims 11a c ocL marit cin t ahailf cif ltt a corporatiar . IJAffix notary seal hare) ECECIL MOLI7RESCUUWh otaryik ,MyCtlmmiJune 2919997.1 aCh 7, beforpgme er nally appaaired �(N1S Kl. CURT]IS AND SONS,1NC., was provan to mei on 111, e basis of sail isfactor) avidar cei bei, and acknawled€Iad 1ta11 hculste siarec 1ha aibova Notary AL t I i ci EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS AND SONS, INC. [Mohave Contract] See following pages. 2939997.1 QMOHAVE ARIZONA COOPERATIVE PURCHASING 16K-LNCS-1202 L.N. Curtis and sons Award, Extension, and Amendment Documents 16K-LNCS-1202 Award Letter .................................... 16K-LNCS-1202 Offer and Acceptance Form ............. 16K-0826 Signed Award Recommendation ............................... 16K-0826 Evaluator Agreements ............................................... 16K-LNCS-1202 Federal and State Excluded Parties Documents 16K-LNCS-1202 Contract Extension Documents.. Click section title to be taken directly to that section. 8/7/15 EH amo-HAVE ARIZONA COOPERATIVE PURCHASING NOTIFICATION OF AWARD LETTER November 2, 2016 Sent this day via email to bnorton@Incurtis.com Brendon Norton, Manager L.N. Curtis and sons 4647 S. 33�d St. Phoenix, AZ 85208 Congratulations, L.N. Curtis and sons' response has been awarded a contract under RFP 16K-0826. Attached is a copy of the contract signature page. Important notes and action items regarding the award are listed on the following pages. Some action items contain important deadlines noted in bold font. Be sure to meet the requests and/or requirements on or before the deadlines noted. Your organization is bound by the terms of this contract; only items specifically requested in this solicitation and awarded in your response to this solicitation will be authorized/ allowed. Advise your Mohave customers to make purchase orders out to L.N. Curtis and sons. In the event you receive a purchase order from a member that does not contain the "MESC REVIEWED" stamp, it should be faxed to (928-718-3232), or emailed (orders@njesc.org) to Mohave for review. Do not perform any work or provide any products until you receive a "MESO Reviewed" purchase order. We highly recommend having your staff review our vendor information pages at (http://www.mesc.org/resources- brochures) to learn more about working with Mohave. Especially helpful is the Vendor Handbook. The procurement file for RFP 16K-0826 shall be made available for public inspection on November 2, 2016. Please check all the entries on the contract record attached. You may make additions or revisions to the description (40 words or less), contact persons, etc. Email back any changes as soon as possible to michael @mesc.org. Your contract number is 16K-LNCS-1202 and will take effect on December 2, 2016. If you have any questions regarding your new contract, please call me at (928) 718-3222. We look forward to working with you and your company in the future. Michael S. Carter, CPPB Contract Specialist I NOTES ON AWARD FOR: L.N. Curtis and sons • Please remind the member of their responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. This responsibility is set by rule and statute, and cannot be changed by Mohave. Members can go to (service.mesc.org/PVF/plist.php) to assist in meeting this due diligence responsibility. • Financial information included under Tab 2 of your response will be kept confidential. . All products must be priced using contract pricing approved by Mohave. • All quotes shall include your contract #16K-LNCS-1202. • Send requests for pricing updates to Michael Carter - michael@mesc.org. • Do not provide any goods/services until you receive a Mohave reviewed purchase order. • Quick payment discounts must be approved by Mohave before being offered to members, and must be available equally. • Order cycle overview: 1. Member forwards purchase orders to Mohave. Vendor is L.N. Curtis and sons. 2. Mohave reviews and emails member order with "MESC Reviewed' stamp, to L.N. Curtis and sons. 3. L.N. Curtis and sons provides product/services. 4. L.N. Curtis and sons invoices member. 5. Member pays L.N. Curtis and sons. 6. L.N. Curtis and sons sends Usage and Reconciliation Report to Mohave. 7. L.N. Curtis and sons remits administration fee monthly, based on invoices paid. 8. Mohave audits selected purchases. REQUIREMENTS/ACTION ITEMS FOP, THE AWARD: • You agreed to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Your report is due on the 20th of each month. Mohave's Audit Specialist will contact you and provide you with a sample report, based on reports provided under contract 11H-LNCS-1201. • Currently, you report activity under contract 11H-LNCS-1201 when members are invoiced, before payment is received. Confirm this will be the same reporting methodology under 16K-LNCS-1202. Email confirmation to michael@mesc.org no later than November 18, 2016. • If no invoices were issued under the contract in the previous month, you may send an email to adminreport@mesc.org advising of no sales to report for the month. • Because you have an existing Mohave contract, we want to address how to properly report invoices on your monthly reconciliation reports because it may be necessary to submit two separate reports until all 11H-LNCS- 1201 purchases are closed: o Line item purchase orders that remain open under 11H-LNCS-1201 should be reported on 11H-LNCS- 1201 reconciliation reports. o Blanket purchase order invoices with a ship date prior to, or on December 1, 2016 should be reported on the IIH-LNCS-1201 reconciliation report. o New purchase orders issued under the 16K-LNCS-1202 contract should be reported under 16K-LNCS- 1202 reconciliation reports. o Blanket purchase order invoices with a ship date after December 1, 2016 should be reported on the 16K- LNCS-1202 reconciliation reports. • Administration fee payments should be mailed to: Mohave Educational Services 625 E. Beale St. Kingman, AZ 86401 NOTES ON AWARD FOR: L.N. Curtis and sons • In order to assist members with new contract award notices, Mohave will be releasing your contract award information to the members prior to December 2, 2016. Information regarding your contract award will be posted to our website and will be made available in our product vendor finder. Pricing from your awarded contract will also be made available to our members. All of this information will be accessible by our members before December 2, 2016. You may provide quotes to members for this contract. However, it will be your responsibility to inform members the contract is not effective until December 2, 2016, and members should not be processing purchase orders until that date. Acting on purchase orders (delivering products or services) prior to December 2, 2016 is a violation of the contract. Please ensure that your staff is aware of the effective date December 2, 2016, in order to avoid contract confusion. • All future pricing updates must be electronic. Updates on the original Excel workbooks are preferred. Similar formats in Word or PDF are acceptable. • We feature marketing information about your current contract in the product vendor finder on our website. Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts & Solicitations" menu. Find your company from the list and click on your name. Once on your company information, review the "About Vendor" section of the 'Overview." Confirm in writing if that information is still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or length. Email this information to michael@mesc.org no later than November 18, 2016. • A copy of the workbook to be used under your awarded contract pricing is attached (filename: Incs discount summary 120216.x/sx). The manufacturers listed in Summary Section Five have been arranged in alphabetical order. Use the attached file for any revisions to this workbook. Confirm the information in the revised workbook is correct to michael@mesc.org no later than November 18, 2016. • The price file titled, Eagle Air Price List 2016.pdf was provided in a secure format that does not allow additional information to be added. Mohave requests the security be removed from the file so that approval note and contract information may be added. Provide an unsecure price to michael@mesc.org no later than November 18, 2016. Offer and Acceptance Form (Place after Tab 1a) RFP 16K-0$26 Fire Turnouts and Emergency Services Related Equipment To Mohave Educational Services Cooperative, Inc.: The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Offeror further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the offer. Federal Employer Identification Number 94-1214350 Company Name LN. Curtis & sons Address 4647 S. 33rd St. Telephone Number 877453.3911 City Phoenix State . AZ Zip &ftft SC]VP 1 ri/ /lt- The Offer and Acceptance Form should be submitted with a signature of the person authorized to sign the offer. The person signing offer shall initial erasures, Interlineations or other modlflcatlons in proposal. Failure to sign the Offer And Accepta cc Form, or o male other notations as indicated, may result in rejection of proposal, •� c Authorized Signature --------_-_-- Printed Name Brendon Norton Title Manager Primary Email BNartona@LNCurtis.com n� Alternate email AZSa[esALNCurlis.corn Note; The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address that will be used o* if the primary email address is not valid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Offer and Contract Award (Mohave Only) Your Proposal is Hereby Accepted: As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. This contract shall be referred to as Contract Number A- -LA-J<-.S-/.ZQ___ Awarded this day ofo.�°x�- _ 2016. This contract shall be effective this day of2016. Anita S. McLemore, C.P.M., Litepim Executive Director Mohave Educational Services Cooperative, Inc. RFP 16K-0826 2 dMO-HAVE ARIZONA COOPERATIVE PURCHASING Date: November 1, 2016 To: Anita S. McLemore, C.P.M., Executive Director Through: Mark DiBlasi, CPPB, Contracts Manager From: Michael Carter, CPPB, Contract Specialist I Subject: Award Recommendation for RFP 16K-0826, Firefighter Turnouts and Related Equipment On August 26, 2016 Mohave received two responses to RFP 16K-0826. All were determined to be acceptable for further consideration after the initial evaluation. The offers were evaluated using the criteria set forth in the solicitation. The following is a summary of the final scores utilizing the Heisman method of scoring: L.N. Curtis and sons United Fire Enuiument 2 f 2 1 2 1.00 2.00 Details for the recommended awards are as follows: • L.N. Curtis and sons was the number one overall scoring offer. They have a large offering of firefighter turnouts and related equipment requested in the solicitation. L.N. Curtis and sons was determined to be the most advantageous to Mohave for its members, and demonstrated the ability to effectively, and efficiently meet the needs of all our members' requirements for firefighter turnouts and related equipment products and services. Award is recommended to the single offeror determined necessary to meet the members' requirements. The offeror recommended for award is not on the United States General Services Administration's Excluded Parties List, or on the Arizona Department of Administration Excluded Parties List. The current contract under RFP 11H-0916 expires on December 1, 2016. It is recommended the award under RFP 16K- 0826 take effect on December 2, 2016. It is the recommendation of the evaluation committee that a contract be awarded to L.N. Curtis and sons for Firefighter Turnouts And Related Equipment. Not recommended for award United Fire Equipment Company — The original response included a limited scope of work requested in the RFP. An opportunity to include additional products and services was requested through a request for best and final offer. The best and final offer response did not include any additional offerings. The limited offer resulted in a lower score. There was no apparent additional products or services not included in the recommended offeror for award to substantiate award of this lower scoring proposal. There were no apparent price or performance requirements to substantiate award of this lower scoring proposal. Received Late__(Not.Considere_d), None MSC 10/4/16 RFP 16K-0826 Award Recommendation Approval of the #16K-0826 award as recommended: Signature: Mark DiBlasi, CPPB Contracts Manager 0n-_ Signature: Anita S. McLemore, C.P.M. Executive Director Date:, 11/1/16 Date: 11/2/16 MOHAVE RFP 16*0826 EVALUATOR AGREEMEN NAME Z yG-i`1GU I .- TITLE _o.�f�'tca- EMPLOYER PHONE ADDRESS Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave Is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless If any vendor or interested party protests any award or lack of award made by Mohave udder the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the RFP prior to evaluation. Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) is (are) determined In writing to be most advantageous to Mohave for Its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsive proposals: A responsive proposal reasonably and substantially conforms to all material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor informalitles. Responsible offeror, A responsible offeror Is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine an offeror to be responsible before awarding a contract to offeror. Reasonably susceptible of being awarded: A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract In accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following: • Affirmative compliance with mandatory requirements designated in this solicitation. • An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue in the competition. • That the proposal Is technically acceptable as submitted. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as it determines most appropriate. Any offeror scoring 0 (zero) in any required area may be considered nonresponsive. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: have no conflict of interest. I have attached a statement of potential conflict of interest. Signature f Date Signature by Mohave: RFP 16K-0826 Mohave Evaluator Agreement ____ MOHAVE RFP 16*0826 EVALUATOR AGREEMEN NAME N �`4.' f� �2G FSSZ— TITLE1'?'—,��TZ�` EMPLOYER _jre C,—F PHONE I ." J��i'� — / f ADDRESS 1�S3— Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41.2.616, Q. Please read the following statements duplicated from the RFP prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) is (are) determined in writing to be most advantageous to Mohave for its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsive proposals: A responsive proposal reasonably and substantially conforms to all material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. Responsible offeror: A responsible offeror is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine an offeror to be responsible before awarding a contract to offeror. Reasonably susceptible of being awarded: A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract in accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following: • Affirmative compliance with mandatory requirements designated in this solicitation. • An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue in the competition. • That the proposal is technically acceptable as submitted. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as it determines most appropriate. Any offeror scoring 0 (zero) in any required area may be considered nonresponsive. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: �%I have no conflict of interest. I have att hed sta ment of potential conflict of interest. �y / Signature _ Date Signature by Mohave: IRFP 16*0826 Mohave Evaluator Agreement MOHAVE RFP 16K-0826 EVALUATOR AGREEMEN NAME d�TITLE r r EMPLOYER GL C16 PHONE J2,P- %/ 7- -792-V ADDRESS n"D ✓.G'lr�7: G/' Si Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the RFP prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) is (are) determined in writing to be most advantageous to Mohave for its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsive proposals: A responsive proposal reasonably and substantially conforms to all material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. Responsible offeror: A responsible offeror is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine an offeror to be responsible before awarding a contract to offeror. Reasonably susceptible of being awarded: A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract in accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following: • Affirmative compliance with mandatory requirements designated in this solicitation. • An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue in the competition. • That the proposal is technically acceptable as submitted. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as it determines most appropriate. Any offeror scoring 0 (zero) in any required area may be considered nonresponsive. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Pleasechec one of the following: I have no conflict of interest. ave attached a statement of potential conflict of interest. _ Signature Date ��� Signature by Mohave: RFP 16K-0825 Mohave Evaluator Agreement NAMEla. :i Vii. EMPLOYER PHONE W ADDRESS Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave Is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, Q. Please read the following statements duplicated from the RFP prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) Is (are) determined In writing to be most advantageous to Mohave for its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It Is Mohave's Intent to award a complete line of products, when possible and advantageous. Responsive proposals: A responsive proposal reasonably and substantially conforms to all material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor Inforrnallties. Responsible offeror. A responsible offeror Is a firm or person with the capability to perform the contract requirements and the Integrity and reliability which will assure good faith performance. Mohave must determine an offeror to be responsible before awarding a contract to offeror. Reasonably susceptible of being awarded: A proposal Is acceptable If It is determined to be reasonably susceptible of being awarded a contract In accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following: • Affirmative compliance with mandatory requirements designated In this sollcitadon. • An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue In the competition. • That the proposal is technically acceptable as submitted. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as It determines most appropriate. Any offeror scoring 0 (zero) In any required area may be considered nonresponsive. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please Indicate that below. Please check one of the following: Z, have no conflict of Interest. I have attached a state ent of potential conflict of interest. Signature Date., .� Signature by Mohave: JRFP 16K-4826 Mohave Evaluator Agreement SAM Search Results List of records matching your search for Search Term : In curtis* and* sons* lZecord Status: Active ENTITY L.N. Curtis and Sons DUNS: 009224163 +4: Expiration Date: Jul 6, 2017 Has Active Exclusion?: No Status:Active CAGE Code: 5E720 DoDAAC: Address: 1800 Peralta St City: Oakland ZIP Code: 94607-1603 Delinquent Federal Debt?: No State/Province: CALIFORNIA Country: UNITED STATES ENTITY L.N. CURTIS AND SONS Status:Active DUNS: 612593231 +4: CAGE Code: 6SCW4 DoDAAC- Expiration Date: Feb 20, 2017 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 16821 Knott Ave City: La Mirada ZIP Code: 90638-6014 State/Province: CALIFORNIA Country: UNITED STATES August 29, 2016 2:54 PM Page 1 of 1 Agencies(littps://,iz.gov/agency-dir ectui N) services (helps://ar gov/dircetory/seat ice/all) Open Bools(h l l ps://openbooksaz.g(h/app/h a ns p; ency/ind ex. lit m l) AZ.Gov (h l I ps://az gov/search/) (haps://az.gov) a AD)OA\ AIW S 0 State Procurement Office (/) The online home of the Arizona State Procurement Office * ABOUT (/ABOUT -SPO) PUBLIC NOTICES (/NEWS) RESOURCES (/ADMINISTRATION -POLICY) PROCUREAZ (/PROCUREMENT -SERVICES) VENDOR RESOURCES (/CONTRACTOR -RESOURCE) PROCUREMENT REFORM (/PROCUREMENT -REFORM -0) COMPLIANCE HOTLINE (/ADM IN ISTRATION- POLI CY/COM PLIANCE/E-COMPLY) PROCUREAZ FOR VENDORS STATE PROCUREMENT ACTIVITIES PROCUREMENT OPPORTUNITIES SPO also provides a number of resources specifically for Vendors associated with the use of the... 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Curtis and sons Response to Best and Final Offer................................................................. 2 Tab 1A—Signed Offer and Acceptance Form .................. See document 6. 16KLNCS1202 Award, Extensions and Amendments. Tab1B—Amendments................................................................................................................. 7 Tab 1C — General Terms & Conditions.......................................................................................... 8 Tab 1D — Special Terms and Conditions ..................... ....................... ..... ............ ......................... 25 Tab 1E —Scope of Work/Services and Specifications................................................................. 34 Tab2A — Method of Approach................................................................................................... 46 Tab 2B — Qualifications and Experience..................................................................................... 50 Tab 2C — Certificate of Insurance ........................................... Please call Mohave for information. Tab 2D — Financial Information ............................... All financial information is kept confidiential and has been removed. Tab 2E — Evidence of Industry Certifications and Memberships ................................................ 57 Tab 3A — Price Proposals ................................. See document 7. 16KLNCS1202 Pricing Summary. Tab 313 — Pricing Methodology, Discounts, and Pcard Descriptions ........................................... 80 Tab3C—Travel Description....................................................................... - ......................... 81 Tab 4A — Primary Contract Documents, Support and Maintenance Information ...................... 82 Tab 4B —Sample Supplemental or End -User Agreements.......................................................... 85 Tab 4C — Extended Warranty or Maintenace Service Plan Information ..................................... 86 Tab 5 — Additional Information .............................................. Please call Mohave for information. Click section title to be taken directly to that section. 6/7/16 EH GMOH E� ARIZONA COOPERATIVE PURCHASING Via Email bnorton0incurtis.com REQUEST FOR BEST AND FINAL, OFFERS REQUEST FOR PROPOSAL 16K-0826 FIREFIGHTER TURNOUTS AND RELATED EQUIPMENT In accordance with Arizona procurement rules and code, Mohave Educational Services Cooperative, Inc. (Mohave) is requesting Best and Final Offers for Request for Proposal 16K-0876. BEST AND FINAL OFFER DUE DATE: Tuuday. October 4. 2016 at 3:00 p.m. (local time) LOCATION: Mohave Educational Services Cooperative, Inc. 625 East Beale Street Kingman, AZ 86401 Best and Final Offers must be submitted in a sealed envelope properly addressed to Mohave Educational Services Cooperative, Inc., with Best and Final Offer, RFP 16K-0826, Best and Final Offer Due Date and Time, and Offeror's Name and Address clearly indicated on the envelope. Offeror's are advised herein that late best and final offers shall be handled as specified by Arizona procurement rules and code. If a best and final offer is not submitted, the offeror's immediate previous offer will be construed as their best and final offer. Faxed best and fnal offers cannot be accepted. CONTACT PERSON: MICHAEL CARTER CONMCT SPECIALIST I PHONE: 928 718-3222 DATE: Septk!rq r 25.. 2� a'x� -1 fn THIS BEST AND FINAL OFFER IS SUBMITTED BY: Name: Brendon Norton, Manacier Firm: L.N. Curtis anti sons Anita S. McLemore, G.P.M. Interim Executive Director Address: 46475.33 rd St City: Phoenix State: AZ R: 8 40 , Phone: 602-453-3911 Signature: Date: X30/2016 Title: Operations & Customer Service Manager M Request for Proposal 16K-0826 — Firefighter Turnouts and Related Equipment L.N. Curtis and sons REQUEST FOR BEST AND FINAL OFFERS NOTE., Mohave has completed its initial review of your response to RFP I6K-0826, and is requesting the following ,7formation to better understand your offer. Please carefully review and answer the questions that follow. Provide only 'the information requested Do not provide another complete copy of your Initial response. Sign and include this Request for Best and Final Offer with your response. If you do not respond by the specified time, date and location, your immediate previous offer will be construed as your best and final offer. NOTE: YOUR ANSWERS TO QUESTIONS 7A — G, 10A, B AND 11 MAY REQUIRE REVISIONS AND/OR CLARIFICATIONS TO YOUR PRICING WORKBOOK. PROVIDE A REVISED COPY OF YOUR PRICING WORKBOOK IN ELECTRONIC FORMAT ON CD OR USB THUMB DRIVE WITH YOUR BEST AND FINAL OFFER. BEST AND FINAL OFFER SUBMITTAL 1. The State of Arizona has added the following requirement to the Arizona Revised Statues, Title 35 — Public Finances. This requirement is added to General Term and Condition 5, Certification and shall now be made part of the terms and conditions of an awarded contact: Offeror shall comply with ARS §35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel. Provide your confirmation and acceptance of compliance to this new requirement. RESPONSE: L.N. Curtis & sons compiles with ARS §35-393.01 and certifies that we are not currently engaged In, and agree that for the duration of the contract to not engage In, a boycott of Israel. 2. Mohave has revised the Special Term and Condition 13.2 of RFP 16K-0826 to the following and shall now be made part of the terms and conditions of an awarded contact: Conditions for contract extension may include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory servlces, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract, Mohave shall prepare a perfonnance report for all contracts prior to issuing any extension. This performance report shall use past performance information gathered by your assigned Contract Specialist: Past performance information shall be used when determining whether a contract receives an extension. Provide your understanding and acceptance of this revised requirement. RESPONSE: L.N. Curtis & sons understands and complies with this revised requirement, 3. NFPA, OSHA, and other industry organizations appear to include standards and/or recommended life spans from the date of manufacture for some firefighter apparel and gear, such as fire turnouts, SCBA systems and cylinders. It appears your offer includes these products that may have a life span from the date of manufacture. If so, provide the following additional information: a. Does your firm identify any product that has a required or recommended life span by the NFPA, OSHA, and other industry organizations? RESPONSE: No, L.N. Curtis & sons does not identify a life span, this is however identified by NFPA and other industry organizations. These products included Firefighter Structural Personal Protective Equipment, Fire Hose, and SCBA Cylinders. b. How are these products identified to the member? eo RESPONSE: These products are identified by the date of manufacture on labeled on the product. Firefighter Structural Personal Protective Equipment has a requirement of 10 years per NFPA 1951, Fire hose has a requirement of 10 years per NFPA 1962, and SCBA Cylinders has a requirement of 15 years per NFPA 1981. Request for Proposal 16K-0826 — Firefighter Turnouts and Related Equipment L.N. Curtis and sons c. Is there a maximum amount of time allowed to be carried in the manufacturers'; the distributors'; and/or your inventory prior to the date of shipping? RESPONSE: No there is not a maximum amount of time allowed to carry inventory prior to the date of shipping d. Do members have the option to refuse products that do not include a recent manufacturing date? Provide acceptable timelines for refusal. (e.g. products with manufacture dating from 90, 120, 150 or more days.) RESPONSE: There are no established options to refuse products based on date of manufacture as It applies to NFPA standards. We try to maintain inventory that does not exceed a date of manufacture of one year however we are willing to discuss any concern a member may have about the date of manufacture on a product. e, Is the date of manufacturer clearly marked on the item and location identified to member? •:• RESPONSE: Yes, date of manufacture is clearly marked on the items that have a required life span. All PPE related products will be identified by a label on the inside of the product Fire hose and SOBA Cylinders date of manufacture is listed on the external part of the product. 4. Your response indicated a deviation to Specification Requirement 1.7.08 after Tab le, but did not include the explanation of this deviation on the Scope of Work and Specifications Acceptance Form. Provide the explanation of the deviation to this requirement. RESPONSE: We partially bid this specification; we no bid caution tape, cones, flares, and barricades, 5. Your response to Specification Requirements 1.8.01 and 1.6.02 were not indicated as "Comply" or "Deviate." Confirm if your response is "Comply" or "Deviate" to these requirements. Include the explanation of any deviations to the requirements. e• RESPONSE: We do comply with both of these specifications requirements. 6. Method of Approach, Question #3 stated no subcontractors would be used. However, ECMS offers services for alterations and repairs to fire turnouts, apparel, and footwear. ECMS appears to be a firm that would be subcontracted under an awarded contract for these services. Confirm if ECMS will be subcontracted to perform the services under an awarded contract. RESPONSE: Yes, ECMS would be considered a subcontractor under an awarded contract for these services. 7. Your electronic workbook after Tab 3a requires the following additional information: a, The response to Summary Section One, Restock Fees Description appears that a member may return any manufacturer's products under an awarded contract. However, some manufacturer's price files state that custom made or obsolete products are non -returnable. Clarify if these restrictions need to be added to the Summary Section One, Restock Fees Description. RESPONSE: Yes some restrictions need to be added to the Summary Section One, Restock Fees Description. See revised electronic price workbook. b. The response to Summary Section Five listed the following manufacturers, All American Fire Hose, Fol- Da-Tank, o%Da-Tank, Nupl.7 Paratech and Tempest Price lists for these manufacturers were not found. Confirm if products will be offered from these manufacturers. Provide current pricing for the manufacturers to be offered under an awarded contract. RESPONSE: Yes products will be offered from these manufactures. These manufactures most current electronic price lists are included in the electronic CD we are submitting with our Best and Final Offer, Request for Proposal 16K-0826 — Firefighter Turnouts and Related Equipment L.N. Curtis and sons c. Summary Section Seven did not include information for annual maintenance. Price file titled, Curtis Care Service Pricing.pdf appears to include maintenance pricing. Confirm if Curtis Care Service includes maintenance on a regular scheduled basis. If so, include a reference to Curtis Care Service Pricing in revised Summary Section Seven. RESPONSE: Yes Curtis Care Service included maintenance on a regular scheduled basis. We have included a reference to Curtis Care Service Pricing in the revised Summary Section Seven. d. Price lists from Groves Ready Rack and PGI are dated from 2013. Confirm that the price lists are current pricing for these manufacturers. RESPONSE: It has been found that a more current price list is available for Groves Ready Rack dated 2015, this electronic price list is included on the submitted CD. The price lists submitted for PGI are current price lists for this manufacture; however, we have included an additional price list for PGI that Is Included under the PGI Fireline discount schedule. e. Price lists from Fi-refighters Bookstore, Indian Spring, Kapp%r, North American fire Hose, Red Head Brass and Waterous are dated from 2015. Confirm that the price lists are current pricing for these manufacturers. RESPONSE: It has been found that a more current price list is available for Kappler dated 2016, this electronic price list its included on the submitted CD. Firefighters' Bookstore, Indian Springs, North American Fire Hose, Red Head Brass, and Waterous price lists dated 2015 are still current. f. Price list titled, F51 North America Price List 2016.pdf included pricing as "POA" and the statement, `please ask FSI for currentl'updated .systems and prices since these offered ones are being updated at this time" for some products listed. Provide a definition for "POA. " Confirm that products with the 'please ask FSI... "statements shall be submitted to Mohave prior to quoting member under an awarded contract. RESPONSE: POA defines as Price on Application. This means that these items are custom built and the price. varies depending on application. In this case and for products that state "Please ask FSI", pricing will be submitted Mohave prior to quoting member under an awarded contract. g. Price file titled, Hurst 5,000PSI Price List2016,pdfinduded "KA 'as pricing for some products. Provide a definition for "NLA. " .• RESPONSE: NLA means "No Longer Available". 8. Your electronic pricing after Tab 3a included price lists with one or more of the following statements, "call for pricing, " "call for price, ""quoted"or "custom quote." Mohave shall approve all pricing prior to offering to member under an awarded contract. Confirm that any pricing for products and services with "call forpricing, " "call for price, " "quoted' and/or "custom quote"shall be submitted to Mohave prior to quoting member under an awarded contract. RESPONSE: We will submit all pricing to Mohave prior to quoting member under an awarded contract. 9. Your electronic pricing included manufacturers' price lists that contained additional terms and conditions that conflict with the RFP (e.g, payment terms, F.O.B. Origin, pricing subject to change without notice, acceptance of additional terms), Confirm that the terms and conditions of the RFP, any best and final offer, and the members purchase order shall prevail under an awarded contract. RESPONSE: Terms and condition as a result of an awarded contract from this RFP will prevail any manufactures' price list terms and conditions. Request for Proposal 16K-0826 — Firefighter Turnouts and Related Equipment L.N. Curtis and sons 10. Your electronic and printed paper pricing included a price file titled, Curtis Care Service Pricing.pdithat requires the Following additional information: a. Includes "call for pricing"for Draeger parts. The electronic workbook submitted in your offer appears to include parts for Draegar. Confirm that Drager pricing in your electronic workbook includes parts that may be used for servicing. Provide a revised price rile to include where parts pricing is located. RESPONSE: Yes pricing for Draeger parts pricing can be used for services. This pricing can be found under the Draeger Level 1, 2, 3, & 4 price lists submitted with our original response. These price files have been included again on our electronic CD included with this submission. b. A statement was included for minimum service order fee for service calls requiring travel outside the 48 contiguous United States. This does not appear to be applicable to members within Arizona. Confirm minimum service order fee for service calls requiring travel outside the 48 contiguous United States is not applicable to members in Arizona under an awarded contract. RESPONSE: This statement Is not applicable to members in Arizona under an awarded contract. 11. Mohave is considering a number of proposals for this contract. Pricing is very competitive. • Please review your prices to determine if any additional discounts are available. • If yes, provide a new comprehensive price schedule. • If no, indicate "No Additional Discounts." • RESPONSE: No Additional Discounts Please Note: courier delivery services (e.g. FedEx/UPS%USPS) consider Kingman, AZ a "rural" destination. As such, they do not guarantee overnight delivery by a specific time. Use caution when shipping your response using overnight delivery the day before the best and final due date. --If a best and final offer is not submitted, the ofiferor's Immediate previous offer will be construed as their best and final offer. 4MOHAVE ARIZONA COOPERATIVE PURCHASING Amendment 1 Request for Proposal 16K-0826 Fire Turnouts and Emergency Services Related Equipment Amendment 1 is hereby made part of the solicitation documents and shall be included in all submitted formal sealed proposals. Offerors shall formally acknowledge r elpt f A endment 1 by including this page, signing, and dating the following statement: r' Amendment 1 is acknowledged by: s Printed Name and Title: Brendon Norton, Manager Name of Firm: L N. Curtis & sons Date: August 8, 2016 Place a signed copy of Amendment 1 after Tab lb in your formal proposal binder. (Vote: The published due date and time of August 26, 2016 at 3:00 p.m. (local Arizona timg) remains unchanged. SPECIFICATION 1.8 — Wildland Fire Gear specifications REvisloN: Specification 1.8 — WIldland fire gear specification 1.8 has been revised to include apparel specific to wildland firefighting personnel. The following specification has been added to Specification 1.8: Specit tcations All questions regarding Request for Proposal 16K-0826 should be directed to: Michael Carter, CPPB, Contract Specialist I Email: contracts@mesc.org Telephone: (928) 718-3222 t Anita S. McLemore, C.P.M. Interim Executive Director Mohave Educational Services Cooperative, Inc. Publish Date: August 8, 2016 comply C)eviate* 1.8 Wildland Fire Gear Specifications 1.8.03 Wildland fire gear apparel may include, but not be limited to: pants, vests, shirts, boots, jackets and hats. X All questions regarding Request for Proposal 16K-0826 should be directed to: Michael Carter, CPPB, Contract Specialist I Email: contracts@mesc.org Telephone: (928) 718-3222 t Anita S. McLemore, C.P.M. Interim Executive Director Mohave Educational Services Cooperative, Inc. Publish Date: August 8, 2016 Note: See Best and Filial 0',, :r General Terms and Conditions For rurthcr details (Place after Tab ic) Some General Terms and Conditions specify placement of information in tabs other than Tab 1c as noted in the title above. Pay close attention to placement information (identified in bold text) as indicated in select General Terms and Conditions. 1. ADVERTISING offeror shall not advertise or publish information concerning this solicitation prior to an award being announced by Mohave. After award, contract vendor(s) may advertise the availability of products, materials, processes and services to members. Any promotional marketing materials using the Mohave logo shall be approved by a Mohave Contract Specialist in advance. 2. AVAILABILITY OF FUNDS Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any contract awarded by Mohave will be conditioned upon the availability of member funds. 3. CANCELLATION 3.1. Cancellation Process: The following requirements shall apply to all cancellation notices issued under an awarded contract: • A written notice of cancellation shall be sent to the contract vendor and the effective date of cancellation shall be the date specified within the written notice of cancellation. • Upon cancellation, all products, materials, processes and services paid for by the member, along with documents, data and reports prepared by contract vendor under the contract shall become the property of the member. • Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed and materials accepted before the effective date of the cancellation. • Cancellation shall have no effect on projects in progress prior to the effective date of the cancellation. • Contract vendor is obligated to continue submitting monthly reconciliation reports and administrative fee payments until all purchases are complete and closed. 3.2. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract holder is sold and ownership is transferred to a new party. 3.3. Cancellation for conflict of interest: Mohave may cancel this contract pursuant to ARS §38- 511 for conflict of interest. Conflict of interest occurs if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of Mohave, is or becomes at any time while the contract or an extension of the contract is in effect, an employee of, or a consultant to, any other party to the contract, with respect to the subject matter of the contract. Members shall incur no penalty or further obligation if the contract is cancelled for conflict of interest. 3.4. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or in part, when Mohave determines that action to be in the best interests of its members. RFP 16K-0826 39 General Terms and Conditions (Place after Tab 1c) 3.5. Cancellation for non-performance or contract vendor deficiency. Mohave may terminate any contract if members have not used the contract, or if purchase volume is determined to be "low volume" in any 12 -month period. Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term or condition of the contract. Mohave may Issue a written deficiency notice to contract vendor for acting or failing to act in any of the following: • Failing to comply with the accepted terms and conditions of the contract; • Providing material that does not meet the specifications of the contract; • Providing work and/or material that was not awarded under the contract; • t=ailing to adequately perform the services set forth in the scope of work and specifications; • Failing to complete required work or furnish required materials within a reasonable amount of time; • Failing to make progress in performance of the contract and/or giving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract; • Performing work or providing products, materials, processes or services under the contract prior to receiving a Mohave reviewed member purchase order for such work. Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials and work paid for by the member, along with documents, data and reports prepared by contract vendor under the contract shall become the property of the member. 3.6. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation, if a new solicitation has been issued and a contract has been awarded to the same contract vendor for similar products, materials, processes and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to delay or replace the contract rests solely with Mohave. 3.7. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal. Termination shall have no effect on projects in progress at the time the notice of cancellation is received by Mohave. 3.8. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice. 3.9. Gratuities: Mohave shall cancel this contract if it is found that gratuities in the form of entertainment, gifts or otherwise, were offered or given by contract vendor or any agent or representative of contract vendor, to any employee of Mohave or member with a view toward securing a contract or with respect to the performance of this contract. Paying the expenses of normal business meals shall be in accordance with each member's policy regarding gratuities. Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation are not considered gratuities. 4. CAPTIONS, HEADINGS AND ILLUSTRATIONS The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of perusal only, and in no way define, limit or describe the scope or intent of the request. RFP 16K-0826 40 General Terms and Conditions (Place after Tab 1c) 5. CERTIFICATION By signing the Offer and Acceptance Form (page 2 of the RFP), offeror certifies the following: • Offeror has examined and understands the terms, conditions, scope of work, specifications and other documents in this solicitation. • The submission of the offer did not involve collusion or other anticompetitive practices. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition In the matter of the bidding or award of a contract under this solicitation. • 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. • Neither offeror, nor any officer, director, partner, member or associate of offeror, nor any of its employees directly involved in obtaining contracts with the State of Arizona, Mohave Educational Services Cooperative, Inc., or any subdivision of the state has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985. • Offeror agrees to comply fully with any and all provisions of ARS Title 32, Chapter 10 (Registrar of Contractors) that may regulate offeror's business. • Offeror shall not discriminate against any employee, or applicant for employment, in violation of federal and state laws (see Federal Executive Order 11246; and ARS Title 41, Chapter 9, Article 4). • Offeror is not currently suspended, debarred or otherwise precluded from participating in any public procurement activity with any federal, state or local government entity. • If awarded a contract, offeror agrees to promote, offer and sell under Mohave contract only those materials and/or services awarded to contract vendor by Mohave. • If awarded a contract, offeror shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terms, conditions, scope of work, specifications, and other documents of this Request for Proposal. • If awarded a contract, offeror agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age or national origin (including language minority individuals). • Offeror and all proposed subcontractors comply and shall remain in compliance with the Federal Immigration and Nationality Act (FINA), all other federal immigration laws and regulations, ARS £41-4401, and ARS §23-214, which requires compliance with current federal immigration laws by Arizona employers, Arizona contractors and Arizona subcontractors in accordance with the E -Verify employee eligibility verification program. 6. CONFIDENTIAL INFORMATION 6.1. Confidential information request: If offeror believes that its proposal contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the proposal, and the information shall be so identified wherever it appears. Mohave shall review the statement and shall notify the offeor of their determination in writing whether the information shall be withheld or disclosed. Requests to deem the entire offer as confidential will not be considered. 6.2. Pricing: Mohave will not consider pricing to be confidential or proprietary. 6.3. Public record: All proposals submitted in response to this solicitation shall become the property of Mohave. They will become a matter of public record available for review, subsequent to award notification, with the exception of information deemed confidential by Mohave. RFP 16K-0826 41 General Terms and Conditions (Place after Tab 1c) 7. CONFIRMATIONLDISCUSSIONS 7.1. Confirmation: If an apparent mistake in a proposal, relevant to the award determination is discovered after opening and before award, Mohave shall contact the offeror for written confirmation of the proposal. If offeror fails to act, the offeror shalt be considered non- responsive. Mohave may contact an offeror to confirm our understanding of the proposal. Such contact shall be prior to award. Mohave shall obtain written confirmation from the offeror and shall retain the confirmation in the procurement file. Correction of mistakes in a proposal shall only be allowed as described in Arizona procurement rules and code. 7.2. Discussions: For the purposes of conducting discussions, Mohave shall determine that proposals are either acceptable for further consideration or unacceptable. Discussions may be conducted with responsible offerors who submit proposals determined to be acceptable for further consideration. Discussions may be conducted to assure full understanding of the proposal in order to obtain the most advantageous contract for Mohave, based on the requirements and evaluation factors in this Request for Proposal. Discussions may be conducted orally or in writing. If oral discussions are conducted, the offeror shall confirm the discussions in writing. Mohave will not help offeror bring its proposal up to the level of other proposals through discussions. Mohave will not indicate to offeror a cost or price that it must meet to obtain further consideration nor will it provide any information about other offerors' proposals or prices. 8. CONTRACT MANAGEMENT 8.1. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only in courts In the State of Arizona. 8.2. Application of law: The Arizona Procurement Code, the Arizona State Hoard of Education `- School District Procurement Rules, and the Uniform Commercial Code (UGC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule or regulation to be included in the contract will be read and enforced as if in the contract, whether or not physically Included. If any such provision is not included, or is not correctly included, contract will be amended in writing to make such inclusion or correction upon application from either party to contract. 8.3. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law. 8.4. Assignment: Contract vendor shall assign no right or interest in this contract without prior written permission from Mohave. No delegation of any duty of contract vendor shall be made without prior written permission from Mohave. Mohave shall not unreasonably withhold approval and shall notify contract vendor of its decision within fifteen (15) days of receipt of written notice from contract vendor. 8.5. Contract claims or controversies: The requirements of the Arizona procurement rules and code shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it. Formal contract claims and controversies between a member and contract vendor shall be resolved in accordance with R7-2-1155 through R7-2-1159, or ARS, Title 41, Chapter 23, Article 9, as applicable. The member's authorized representative shall serve as the district representative for resolution of such claims and controversies. ARS, Title 41, Chapter 23, Article 9 and the rules promulgated under it, or R7-2-1155 through R7-2-1159, as applicable, provide the exclusive procedure for asserting a cause against the member under the contract. RFP 16K-0826 42 General Terms and Conditions (Place after Tab ie) 8.6, Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount of time shall be provided to contract vendor to address issues in the written deficiency notice. 8.7. Modification of contract: An awarded contract may be modified for a variety of reasons. Contract modifications will be issued as deemed necessary by Mohave to address contractual issues that may arise. 8.8. Novation: If contract vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. Mohave reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contract vendor. 8.9. Order cycle overview: One, or both, of the following order cycles will apply to an awarded contract. A sample reconciliation report will be provided to contract vendors who have been awarded a contract. Instructions for filling out the purchase order, or Pcard process, will be contained in that sample reconciliation report. For Procurements made with purchase orders: 1. Member forwards purchase orders to Mohave that lists the contract number, along with a copy of detailed contract vendor quote. Vendor listed on the purchase order is contract vendor. 2. Mohave reviews and emails member order with "MESO Reviewed' stamp, to contract vendor and member. 3. Contract vendor provides product/services. 4. Contract vendor invoices member. 5. Member pays contract vendor. 6. Contract vendor sends monthly Reconciliation Report to Mohave. 7. Contract vendor remits administration fee monthly, based on invoices paid. 8. Mohave audits selected invoices. For Procurements made with Pcards: 1. Member purchases directly from contract vendor using a Pcard and forwards a copy of detailed contract vendor quote to Mohave (if applicable). 2. Mohave reviews and emails contract vendor quote with "MESO Reviewed' stamp, to contract vendor and member (if applicable). 3, Contract vendor provides product/services. 4, Contract vendor invoices member (if not previously paid with Pcard). 5. Member pays contract vendor (if not previously paid with Pcard). 6. Contract vendor sends monthly Reconciliation Report and copy of detailed Pcard transaction, invoice or quotation to Mohave. 7. Contract vendor remits administration fee monthly, based on Pcard purchases paid. S. Mohave audits selected Pcard purchases. 8,10. Overcharges by antitrust violations: Mohave maintains that overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, contract vendor assigns to member any and all claims for such overcharges as to the products, materials, processes or services used to fulfill the contract. 8.11. Relationship of the parties: Contract vendors receiving contracts under this solicitation are independent contractors. Any party to the contract shall not be deemed to be the employee of another party to the contract. — -- -- -- _ RFP 16K-0826 43 General Terms and Conditions (Place after Tab 1c) 8.12.Severability: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application. 8.13. Successful performance: The sections of the solicitation defining the scope of work, requirements, or qualifications are not to be construed as a complete listing that exempts successful offeror from reasonable services required to ensure successful performance under the contract. 8.14. Title: Purchase orders placed under this contract are on behalf of Mohave's members. As such, title to goods passes directly from contract vendor to member. 9. COOPERATIVE PURCHASING 9.1. Cooperative purchasing: This contract is based on the need for Mohave to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to members. Any offer that prohibits sales to specific types of members (e.g,, state agencies or local government units) may not be considered. Sales without restriction to any members are preferred. 9.2. Cooperative purchasing agreements: Cooperative Purchasing Agreements between Mohave and its members have been established under Arizona procurement rules and code for use of contracts. 9.3. Most favored customer relationship: Nothing in this solicitation Is intended to establish a most favored customer relationship between Mohave and contract vendor. Contract vendor may respond to any solicitation without regard to this contract. Offeror agrees all prices, terms, warranties, and benefits granted by offeror to members through this contract are comparable to or better than the equivalent terms offered by offeror to any present customer meeting the same qualifications or requirements. If contract vendor offers lower prices to any of its other customers, it may lower its prices to Mohave at the same time by written notice. 9.4. Eligible agencies, Any contract awarded from this solicitation shall be available to all Mohave members. Members shall have a current signed Mohave Cooperative Purchase Agreement. Member is defined as a local or public procurement unit, or a governmental public entity that is a political subdivision for purposes of federal income tax, or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of Section 115 of the Internal Revenue Code. Mohave has approximately 450 members including public school districts, community colleges, city and county governments and political subdivisions throughout Arizona. A list of members may be found on Mohave's website, www.mesc.org. Actual use of any contract shall be at the sole discretion of Mohave's members. 10. ESTIMATED QUANTITIES Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases is provided in the Scope of Work (page 5) of the requested materials or services. However, no commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee usage. Usage depends on the actual needs of members and marketing by contract vendor. 11. EVALUATION and AWARD 11.1. Basis of award: Award(s) will be made to the responsive and responsible offeror(s) whose proposal(s) is (are) determined in writing to be most advantageous to Mohave for its members. Mohave reserves the right to use model projects/market baskets to determine the most advantageous proposal(s). It is Mohave's intent to award a complete line of products, when possible and advantageous. 11.2. Best and final offers (Revisions to Proposals): Mohave may allow revisions to proposals through best and final offers, as authorized in Arizona procurement rules and code. Issuance of a request for best and final offer is not guaranteed. Proposals should be complete and meet all specifications and requirements of this solicitation. RFP 16K-0826 44 General Terms and Conditions (Place after Tab 1c) 11.3. Competitive range: Mohave reserves the right to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range are unacceptable and will not receive further award consideration. 11.4. Exceptions/ deviations to requirements: All requested exceptions/deviations must be clearly explained. Unacceptable exceptions/deviations shall remove your proposal from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohave's decision shall be final. 11,5. formation of contract: A response to this solicitation is an offer to contract with Mohave based upon the terms, conditions, scope of work, specifications and amendment(s) contained in this request. A proposal does not become a contract unless and until Mohave accepts it. A contract is formed when a Mohave administrator signs the award document. 11.6. Effect of price: No contract shall be awarded solely on the basis of price. 11.7. Multiple award: To assure that our contracts meet the requirements of all members, Mohave may award multiple contracts. Offeror should consider this fact in preparing their response. The decision to award multiple contracts, award a single contract, or make no award rests solely with Mohave. A multiple award shall be made only if the procurement officer determines in writing that a multiple award is necessary and is advantageous to Mohave members, A multiple award shall be limited to the least number of contracts necessary to meet the requirements of the using agencies. Mohave shall make the sole determination of the least number of contracts required to meet the need. Mohave's basis for determining whether to award multiple contracts shall be based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members' past usage of similar contracts. Criteria for selecting vendors for multiple contracts shall be based upon considerations for members' experience with existing products and systems, brand continuity for parts replacement and future expansion, contract vendor's ability to provide for our large, diverse membership, geographic area(s) served, Mohave's past experience with contracts for similar product/services, and/or other relevant criteria. Multiple contracts may also be awarded based on individual line items or groups of line items, incrementally, or by designated regions. 11.8. Non-exclusive contract: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of Mohave's members. Mohave and its members reserve the right to obtain like goods and services from other sources. 11.9. Past performance information: Past Performance Information (PPI) is relevant information regarding a contract vendor's actions under previously awarded contracts to public agencies. It includes contract vendor's record of performance under such contracts including, but not limited to: conformance to the terms, conditions, specifications and scope of work of the contracts, responsiveness to, and correction of, contract claims and controversies, and satisfaction of the contracting entities. PPI shall be a factor in evaluation and award. 11.10. Price workbook: All offerors must complete the 16K Fire Turnouts and Emergency Services Related Equipment Workbook titled "161k fire turnout and emergency equipment.xisx". Provide two (2) CDs, USBs, or similar electronic media devices with the completed workbook in your response. Failure to complete and submit the 16K Fire Turnouts and Emergency Services Related Equipment Workbook shall render your proposal nonresponsive. Place after Tab 3a. If awarded a contract, all future pricing updates shall be based on the electronic workbook, or similar approved format. 11.11. Pricing extension errors: In case of error in extension of prices in the offer, unit prices shall govern. RFP 16K-0826 45 General Terms and Conditions (Place after Tab 1c) 11.12. Reasonably susceptible of being awarded: A proposal is acceptable if it is determined to be reasonably susceptible of being awarded a contract in accordance with the evaluation criteria and a comparison and ranking of original proposals. Proposals to be considered reasonably susceptible of being awarded a contract shall, at a minimum, demonstrate the following: • Affirmative compliance with mandatory requirements designated in this solicitation. • An ability to deliver goods or services on terms advantageous to members sufficient to be entitled to continue in the competition. • That the proposal is technically acceptable as submitted. 11.13. Responsible offeror: A responsible offeror is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall determine an offeror to be responsible before awarding a contract to offeror. 11.14. Responsive proposals: A responsive proposal conforms in all respects to the material requirements of the solicitation. Proposals must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. 11.15. Weighted evaluation: Mohave reserves the right to use a point system to evaluate proposals and to assign points to the evaluation criteria as it determines most appropriate. Additionally, Mohave reserves the right to use a ranking system (the Heisman scoring method) for determining the final ranking of proposals. Each evaluator shall calculate their total assigned points for each proposal, applying a ranking of 1 to their highest score, a 2 to their next highest score, and so forth for all proposals. Each proposal shall have a final calculated rank determined by averaging each applied individual evaluator rank. Any ties shall be broken by using the grand total points (total of all evaluator assigned point totals for each proposal) for each of the tied proposals. Any offeror scoring zero (0) in any required area may be considered nonresponsive. 12. FEDERAL and STATE REQUIREMENTS 12.1. Affordable Care Act requirements: Contract vendor understands and agrees that it shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act "ACA"). Contract vendor shall bear sole responsibility for providing health care benefits for its employees who provide services to the member as required by state or federal law. 12.2. Audit rights: In accordance with applicable Arizona law, contract vendor's and subcontractor's books and records related to this contract may be audited at a reasonable time and place, for five years after completion of the contract. 12.3. Clean Air Act, Clean Water Act and Environmental Protection Agency Regulations; Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current applicable EPA regulations. RFP 16K-0826 46 General Terms and Conditions (Place after Tab 1c) 12.4. Compliance with federal and state requirements: Contract vendor agrees, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis -Bacon Act, the Copeland "Anti - Kickback" Act, the Housing and Urban Development Act of 1968, and the Equal Opportunity Employment requirements as amended by Executive Order. In such projects, contract vendor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. In addition, to comply with the Copeland Act, contract vendor must submit weekly payroll records to the member. Contract vendor must keep records for three years and allow the federal grantor agency access to these records, upon demand. Contract vendor also agrees to comply with State of Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on any projects funded with federal grant monies, contract vendor agrees to comply with the administrative requirements for grants and cooperative agreements to state, local and federally recognized Indian tribal government contract provisions. The forms listed below are incorporated by reference into this solicitation and any resultant contract. • HUD -5369, Instructions to Bidders for Contracts, Public and Indian Housing Programs • HUD -5369-A, Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs • HUD -5369-B, Instructions to Offerors Non -Construction • HUD -5369-C, Certifications and Representations of Offerors Non -Construction Contract • HUD -5370-C1, General Conditions for Non -Construction Contracts Section 1 (With or Without Maintenance Work) • HUD -5370-C2, General Conditions for Non -Construction Contracts Section 1 (With Maintenance Work) For federally funded projects only, the requirements of an applicable form shall supersede conflicting requirements in this solicitation. The forms may be accessed via HUDClips (www.hud.gov). 12.5.Compliance with workforce requirements: Pursuant to ARS §41-4401, contract vendor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS §23-214 subsection A, which states, "...every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E -Verify program." (To register for E -Verify, go to; https://e- verify. uscis.gov/enroll/startpage.aspx, ] Mohave reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Mohave and its members reserve the right to inspect the papers of any contract vendor or subcontract employee who works under this contract to ensure compliance with the warranty above. 12.6. Contract vendor employee work eligibility: By entering into the contract, contract vendor warrants compliance with ARS §41-4401, ARS §23-214, the Federal Immigration and Nationality Act (FINA), and all other current federal immigration laws and regulations. Mohave and/or Mohave members may request verification of compliance from any contract vendor or subcontractor performing work under this contract. Mohave and its members reserve the right to confirm compliance. Should Mohave or its members suspect or find that the contract vendor or any of its subcontractors are not in compliance, Mohave may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the contract vendor. All costs necessary for compliance are the responsibility of the contract vendor. RFP 16K-0826 47 General Terms and Conditions (Place after Tab 1c) 12.7, Davis -Bacon wage decisions: For federally funded projects subject to the Davis -Bacon Act, the member shall specify the applicable Davis -Bacon wage decision, prior to the contract vendor providing a firm price quotation for the proposed project. The wage decision shall be identified by the WD Number, modification number, and date of the wage decision. Davis -Bacon wage decisions may be accessed via www.wdo.l,.gpv or by requesting a copy from the member. 12.8. Energy Policy and Conservation Act; Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act. 12.9. Non-compliance: All federally assisted contracts with members that exceed $10,000 may be terminated by the federal grantee for noncompliance by contract vendor, In projects that are not federally funded, offeror must agree to meet any federal, state or local requirements, as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. 12.10. 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 the State of Arizona or its clients and may Involve access to secure or sensitive data or personal client data or development or modification of software for the state shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. 12.11. Terrorism country divestments; In accordance with ARS §35-392, Mohave and its members are prohibited from purchasing from a company that is in violation of the Export Administration Act, By entering into the contract, contract vendor warrants compliance with the Export Administration Act. 13. FORCE MAIEURE Except for payments of sums due, neither party shall be liable to the other, nor be 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, including, but not limited to the following: acts of God (e.g. fire, flood, snow, earthquakes, tornadoes, violent winds, hail storms); acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; 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 it notifies the other party 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 the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours. RFP 16K-0826 48 General Terms and Conditions (Place after Tab 1c) 14. INDEMNIFICATION 14.1. General indemnification: To the extent permitted by law, Mohave and its members shall be indemnified and held harmless by contract vendor for its vicarious liability as a result of entering into this contract. Each party to the contract is responsible for its own negligence. Contract vendor agrees to save and hold harmless Mohave and/or its members from any and all liability for loss or damage to persons or property arising out of the work required by the contract. Contract vendor further agrees to waive any right of recovery against Mohave and/or its members for damage to the property of contract vendor, whether caused by negligence on the part of Mohave and/or its members or otherwise. This provision includes specifically the waiver of right of recovery against Mohave and/or its members for damage to property under contract and not yet formally accepted by member even though said property at the time of loss may be occupied, in whole or in part, by member. 14.2. Modification by member: Contract vendor shall have no obligation with respect to any patent and copyright infringement daim based upon member's modification of the equipment and/or software, or its operation or use with apparatus, data or programs not furnished by contract vendor, However, one member's action will not preclude contract vendor's obligation to members who have not modified their equipment or software. 14.3. Patent and copyright Indemnification: To the extent permitted by law, contract vendor shall indemnify and hold harmless Mohave and its members against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of contract performance or use by Mohave and its members of materials furnished or work performed under this contract. Mohave and its members shall reasonably notify contract vendor of any claim for which it may be liable under this paragraph. 15. LICENSES A contract vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by contract vendor. The contract vendor shall remain fully informed of and in compliance with all current ordinances and regulations pertaining to the lawful provision of services under the contract. Mohave reserves the right to stop work and/or cancel the contract of any contract vendor whose license(s) expire, lapse, are suspended or terminated, 16. OFFER ACCEPTANCE PERIOD/!WITHDRAWAL 16.1. Late offers: Except as authorized by Arizona procurement rules and code, late offers shall not be considered. Offeror shall be responsible for all shipping costs when requesting the return of a late proposal. 16.2. Withdrawal of proposal: An offeror may withdraw a proposal in writing at any time before proposal opening if the withdrawal is received before the proposal due date and time at the location designated in the Request for Proposal for receipt of proposals. After the opening time and date, proposals may not be withdrawn, except as allowed by Arizona procurement rules and code. 17.ORDER OF PRECEDENCE In the event of a conflict in the provisions of the contract as accepted by Mohave, the following order of precedence shall prevail: 1. Special terms and conditions 2. General terms and conditions 3. Scope of work and specifications 4. Attachments and exhibits 5. Documents referenced or included in the solicitation RFP 16K-0826 49 W& General Terms and Conditions (Place after Tab Ic) 18. ORDERING CYCLE 18.1. Acceptance of orders: This contract is for the sole use of Mohave and its members, All quotations provided to members must be based on prices in the contract and include the correct Mohave contract number. Contract vendor may only refuse a Mohave reviewed order under this contract after providing written documentation acceptable to Mohave describing the circumstances that warrant refusal, Improper documentation and/or frequent refusals may result in contract cancellation. Mohave may require the contract vendor to reject any purchase orders received from members based on this contract that may not comply with Mohave's rules, processes or standards. 18.2. Audit of contract activity: Mohave will audit some of the invoices related to this contract. The contract vendor agrees to provide all documentation necessary for Mohave to audit purchases made under contract, including invoices and credits issued to members, in a timely fashion. 18.3. Contract vendor contacts: Contract vendor agrees to assign only one contact person for each of the following: accounting, audit, contract administration, escalation, main member contact, open order/status report, and reconciliation. These contacts may be the same person, with the exception of the escalation contact. The name(s) of the contact persons will be provided to Mohave. 18.4. Open order and status reports: Mohave will send contract vendor open order and status reports on a periodic basis. Contract vendor agrees to reply to information requests in a timely fashion. Add specific reporting requirements as applicable to this solicitation. 18.5.0rders in process: Member purchase orders dated on or before the contract cancellation and/or expiration date, will be processed and are considered valid until order fulfillment, or cancellation by the member. Any such order must be in the possession of Mohave within a reasonable amount of time. Acceptance of such orders shall be at the sole discretion of Mohave. 18.6. Purchase verification: It is the member's independent responsibility to verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. 18.7. Quotations: Quotations with no end date are considered invalid after sixty (60) days from the issue date. 19. PAYMENT 19.1. Contacting member about payment: Contract vendor may contact member for payment for a product or service delivered to the member under the contract. Such contact shall be professional and courteous. 19.2. Contract vendor invoice: All invoices shall list the applicable member purchase order number and Mohave contract number, Contract vendor will invoice members directly. All transactions are payable in U.S. currency only. Contract vendor shall invoice member after delivery of goods and/or services. Goods and services shall be invoiced at applicable contract prices, which include Mohave's 1% administration fee, Invoice must include member purchase order number and Mohave contract number. Mohave's administration fee is included in the invoice amount paid by the member. Contract vendor shall remit administration fee to Mohave monthly. Administration fee shall be calculated at .0099 of the subtotal amount. The Mohave administration fee shall not be calculated on ancillary charges (e.g. performance bonds, shipping, transaction privilege tax, transportation charges, mileage, lodging, meals and incidental expenses (M&IE), permits). 19.3. Contract vendor payment: Member shall issue payment to contract vendor after receipt of invoice. RFP 16K-0826 50 General Terms and Conditions (Place after Tab 1c) 19.4. Correct invoicing: Contract products/services may not be invoiced greater than the purchase order. If incorrect invoices are discovered, contract vendor must correct invoices resulting in excess charges, no matter the cause of the error. Any excess payment must be returned to member within the time allowed by law, in the form of a check or credit memo, as determined by the member. If a member is invoiced at less than contract prices, contract vendor will invoice the member for the difference unless Mohave approves the undercharge. If contract pricing in effect on the contract has gone down between the time of the order and the invoice date, contract vendor may invoice at the current contract price. 19.5. Credit hold: Contract vendor agrees to advise Mohave's Procurement Manager within five (5) days if member(s) are placed on credit hold. 19.6. Payment time: Payment terms are net thirty (30) days from receipt of contract vendor's invoice. 19.7. Prepayment: In accordance with the Uniform System of Financial Records and ARS §15- 905(N), prepayments may be requested on Items that normally require prepayment in order to be procured or to receive a discounted price. Items not meeting these prepayment specifications may be paid only after receipt of goods and services. 19.8. Quick pay discounts: Quick pay discounts may be offered to members, provided they have received the materials or services, and that such discounts are available equally to all members. Mohave must approve such discounts in writing and before they are offered to members. 19,9. Reporting and payment of administration fees to Mohave: The contract vendor agrees to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid or Pcard transactions made in the previous month. Purchases made with purchase orders: Items in the report must include member names, PO numbers, amounts, administration fees, invoice numbers, invoice dates and credit/return information for all invoices paid in the prior month. Purchases made with Pcards: The report must be identified as Pcard (or as a credit card) when submitted. Items in the report must include member names, notation that the purchase was made with a Pcard, date of transaction, job number designation, amounts, administration fees, invoice numbers (if applicable), invoice dates (if applicable) and credit/return information for all invoices paid in the prior month. An electronic copy (e.g. PDF) of the detailed Pcard sales receipt, invoice, or quotation shall be provided for review. Payment and report are due as per a schedule agreed upon by Mohave and contract vendor. The initial due date shall be the 10ei, 15th, 20th, 25th or 30th of the following month and will be specified in an award notification letter. If no invoices were paid under the contract in the previous month, the contract vendor will provide notice of no activity. A sample reconciliation report will be made available upon award of contract. Make Mohave administration fees payable to Mohave Educational Services Coop., Inc. Payments shall be mailed to: 625 E. Beale St. Kingman, AZ 86401 20. PREPARATION OF PROPOSAL and PROPOSAL FORMAT 20.1. Modification of proposal: An offeror may modify a proposal in writing at any time before proposal opening if the modification is received before the proposal due date and time at the location designated in the Request for Proposals for receipt of proposals. RFP 16K-0826 51 General Terms and Conditions (Place after Tab 1c) 20.2. Compliance with Instructions: Offeror's ability to follow proposal preparation instructions in this solicitation will be considered an indicator of offeror's ability to follow instructions should it receive an award as a result of this solicitation. The quality of organization and writing reflected in the proposal will be considered to be an indication of the quality of organization and writing that would be prevalent if a contract is awarded. As a result, the proposal will be evaluated as a sample of data submission. Subjective judgment on the part of Mohave's evaluators is implicit in this process. 20.3. Cost of proposal preparation: Mohave will not reimburse the cost of developing, presenting, or providing any response to this solicitation. 20.4. Offeror responsibility: Offeror shall examine the entire solicitation, seek clarification of any item or requirement that may not be clear, and check all responses for accuracy before submitting proposal. Failure to examine any requirements shall be at offeror's risk. Negligence in preparing an offer confers no right of withdrawal after due date and time. 20.5. Proposal forms: The forms and format contained in the solicitation shall be used. Offerors may reproduce the forms and retype the information, but all of the required information must be presented in the tab order requested. Electronic or faxed proposals shall not be considered. 21. PiRODUCT LINES 21.1. Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted. 21.2. Discontinued products: If a product or model is discontinued by the manufacturer, contract vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 21.3. New products/services: New products/services must be submitted and approved by Mohave, prior to being offered to member. Mohave may reject any additions without cause. New products and/or services that meet the scope of work may be added to the contract. Contract vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Mohave may require additions to be submitted with documentation from members demonstrating an interest in, or a potential requirement for, the new product or service. 21.4. Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 21.5. Product line: Offerors with a published catalog may submit the entire catalog. Mohave reserves the right to select products within the catalog for award without having to award all contents. Mohave may reject any addition of equipment options without cause. 22. PROPOSAL OPENING Proposals shall be opened immediately following the proposal due date and time. The name of each offeror shall be publicly read and recorded in the presence of witnesses. All information in the proposals shall remain confidential until after award of contracts, with the exception of review by Mohave staff and selected evaluators. RFP 16K-0826 52 General Terms and Conditions (Place after Tab lc) 23. PROSSP_ECTIVE B_IDDERS REGISTRATION Any offeror submitting a perfunctory proposal with no serious intent of being accepted may be removed from Mohave's prospective bidders list. Any vendor not responding to two (2) consecutive Requests for Proposal for similar procurements may be removed from the prospective bidders list for those items or services. A "no bid" response or request to remain on the list Is sufficient to keep a vendor on the Prospective Bidders Registration. 24. PROTESTS Protests shall be filed with Anita McLemore, C.P.M., the Interim Executive Director (the District Representative), and shall be resolved in accordance with Arizona procurement rules and code, ARS, Title 41, Chapter 23, Article 9 and State Board Rules R7-2-1001 through R7-2-1196.. A protest must be in writing and must be filed with the Interim Executive Director at 625 E. Beale Street, Kingman, Arizona, 86401. Protests based upon alleged improprieties in a solicitation shall be filed before the due date and time for responses to the solicitation, The interested party shall file the protest within ten (10) days after Mohave makes the procurement file available for public inspection. A protest filed on the tenth day must be received by 5.00 p.m., local Arizona time. The interested party may file a written request for an extension. The written request shall be Filed before the time limit specified above and shall set forth good cause as to the specific action or inaction of Mohave that resulted in the interested party being unable to He the protest before the time limit specified above. A protest shall be in writing and shall include the following information: • The name, address and telephone number of the interested party; • The signature of the interested party or the Interested party's representative; • Identification of the solicitation by contract number; • A detailed statement of the legal and factual grounds of protest Including copies of any relevant documents; • The form of relief requested. Should Mohave prevail in an appeal of a decision issued by the Director of Mohave (Operations, appellant waives any objection to the hearing officer awarding Mohave its reasonable attorneys fees and costs along with the costs for the hearing. 25. RIGHT TO ASSURANCE Whenever one party to the contract has a good faith reason to question the other party's intent to perform, he may demand that the other party give written assurance of its intent to perform. If a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this failure as an anticipatory breach of the contract. 26. SHIPPING 26.I.Shipping terms/transfer of title: Shipments shall be F.O.B. destination. Title and risk of loss of material shall not pass to member until member receives the material at delivery point, unless otherwise provided in the solicitation. 26.2. Shipment under reservation: Contract 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. 26.3. Shipping charges: Prices that include shipping to any location in Arizona, delivered to the specific receiving point identified in the purchase order, are preferred. If shipping is charged, it shall be that member is not charged more than the actual invoiced amount for shipping, and is prepaid by the contract vendor (PP&A). It is the member's responsibility to confirm shipping charges under the contract. RFP 16K-0826 53 General Terms and Conditions (Place after Tab 1c) 26.4. Shipping errors/risk of transportation: Shipping errors will be at contract vendor's expense. If contract vendor ships a product that was not ordered, contract vendor shall pay for return shipment at the convenience of member, All risk of transportation and all related charges shall be contract vendor's responsibility. Contract vendor shall file all claims for visible or concealed damage. Member will notify contract vendor promptly of any damaged goods and shall assist contract vendor in arranging for inspection. 27. SUSPENSION OR DEBARMENT STATUS Offeror shall include a letter in its proposal notifying Mohave of any debarment, suspension or other lawful action taken by any federal, state or local government within the last five years that precludes offeror or its employees from participating in any public procurement activity. Such letter shall provide name and address of the public procurement unit, effective date, duration, and relevant circumstances of the suspension or debarment. Failure to supply such letter or not disclose all pertinent information shall result in cancellation of any contract. Letter shall be placed after Tab Ia. 28. TAXIES 28.1. Federal Excise Tax: Most members are exempt from paying Federal Excise Tax, 28.2. Payment of taxes: Member is responsible for payment of all taxes listed on the invoice. Contract vendor is responsible for collecting such taxes and shall forward all taxes to the proper revenue office. All applicable taxes must be listed as a separate item on all quotes and invoices 28.3. Property taxes: Arizona public agencies may not pay state property taxes. (Arizona Constitution, Article 9, Section 2). 28.4. Reservation or tribal tax: If goods or services are subject to reservation or tribal tax, contract vendor shall include such taxes as a separate item on the original invoice to the member. 28.5. Transaction Privilege Tax (Sales Tax): Members may be liable for Arizona Transaction Privilege Taxes, which may include state, county and city taxes. Contract vendor is responsible for charging taxes correctly. 29. TIM E_(D E FINITION_ O F) Periods of time, stated as a number of days, shall be in calendar days, not business days. RFP 16K-0826 54 General Terms and Conditions Acceptance Form (Place after Tab 1c) Signature on Page 1 certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions: ® We take no exceptions/ deviations to the general terms and conditions. ( Note: If nothing is listed below, it is understood that no exceptions/deviations are taken.) C] We take the following exceptions/ deviations to the General Terms and Conditions. All exceptions/ deviations shall be clearly explained. Reference the corresponding General Terms and Conditions that you are taking exceptions/ deviations to, Clearly state If you are adding additional terms and conditions to the General Terms and Conditions. Provide details on your exceptions/ deviations below: (Note: All requested exceptions/deviations must be clearly explained. Reference the specific terms and conditions that you are taking exceptions/deviations to, detail any proposed substitute terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted terms and conditions. Unacceptable exceptions/deviations shall remove your proposal from consideration for award, Mohave shall be the sole judge on the acceptance of exceptions and Mohave's decision shall be final.) RFP 16K-0826 55 Special Terms and Conditions (Place after Tab 1d) Some Special Terms and Conditions specify placement of information in tabs other than Tab Id as noted in the title above. Pay close attention to placement information (indicated in bold text) as indicated in select Special Terms and Conditions. 1. CONSTRUCTION Contract vendor shall not perform any construction under this contract. For the purposes of this contract, construction is defined as: The process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements of any kind to any public real property. Construction does not include: • The routine operation, routine repair or routine maintenance of existing facilites, structures, buildings or real property. • The investigation, characterization, restoration or remediatlon due to an environmental issue of existing facilities, structures, bulldings or real property. 2. DELIVERY 2.1. Default in one installment to constitute total breach: Contract vendor shall deliver conforming materials in each installment or lot under this contract and may not substitute nonconforming materials. Mohave reserves the right to declare a breach of contract if contract vendor delivers nonconforming materials to any member under this contract. 2.2. Defective goods: Contract vendor agrees to arrange and pay for return shipment of goods that arrive in a defective or non-operable condition. 2.3. Delivery time: Failure to deliver any order within the time frame specified on the purchase order may result in cancellation of that purchase order. 2.4. Improper delivery: If the goods or tender of delivery fail in any respect to conform to this contract, member may reject the whole, accept the whole, or accept any commercial unit or units and reject the rest. 2.5. Liens: All materials shall be free of liens. 2.6. Restocking fees: A restocking fee may only be charged on products ordered and delivered to member's site. Restocking fees in excess of fifteen percent (15%) shall not be allowed. Contract vendor may waive restocking fees. Restocking and return shipping charges shall be identified on the price workbook. 2.7. Serial numbers: offers shall be for equipment on which the original manufacturer's serial number has not been altered in any way. 2.8. Title: Awarded contracts may include products for software. As such, references to "title" passing in the general terms and conditions are interpreted as "right to use" or similar. 3. FORM OF CONTRACT 3.1. Contract vendor documents: If a Firm submitting an offer requires member to sign an additional agreement, a copy of the proposed agreement shall be included with the proposal. If awarded a contract, any additional contract vendor's documents shall not become part of Mohave's contract unless, and until, an authorized representative of Mohave reviews and approves them. 3.2. Form of contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) and best and final offer(s), and properly issued and reviewed purchase orders referencing the requirements of the Request for Proposals. 3.3. Parol evidence: The contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. RFP 16K-0826 30 ;, Special Terms and Conditions (Place after Tab 1d) 4. INSTALLATION Installation shall be scheduled directly with member and be done in a reasonable amount of time. Installation shall be in accordance with the manufacturer's instructions and shall be accomplished by skilled and properly licensed individuals. S. INSURANCE 5.1. Deductibles: Contract vendor shall pay the deductibles required by the insurance provided under this contract. 5.2. Liability insurance: Prior to commencing services under this contract, contract vendor shall procure and maintain during the life of this agreement, comprehensive general liability Insurance, to include automobile liability, providing limits of an aggregate amount of not less than $2,000,000. Evidence of the required insurance shall be provided with your proposal by means of a current certificate of insurance with the coverage as stated above. Before any orders are processed under an awarded contract, contract vendor shall provide a certificate that names Mohave as the certificate holder. Place after Tab 2c. In addition, contract vendor must be willing to provide, upon request, identical certificate of insurance to any member using this contract. 5.3. Scope of Insurances Contract vendors insurance shall provide adequate protection for contract vendor against damage claims which may arise from operations under this contract, whether such operations are by the insured or by anyone directly or indirectly employed by the insured. All insurance must be written by companies incorporated within the United States (exclusive of Territories or Possessions) and licensed or authorized to do business in Arizona. 5.4. Subcontractor insurance: Prior to commencing any work, any subcontractor shall procure and maintain at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime contractor. All subcontractors will provide workers' compensation insurance, which waives all subrogation rights against the prime contractor, member and Mohave. 5.5. Workers' compensation insurances Contract vendor shall also procure and maintain during the life of this agreement, workers' compensation insurance for all of contract vendors employees engaged in work under the contract. All workers' compensation insurance will be in compliance with Arizona state statute and evidenced by a certificate of insurance. 6. MAINTENANCE FACILITIES AND SUPPORT It is preferred that each contract vendor should have maintenance facilities and a maintenance support system available for servicing products throughout Arizona, or the regions specified in their offer. Maintenance facilities shall have sufficient parts inventory to provide quality service on products sold to members. Trained and qualified technicians shall be available to cover all parts of the state, or specific regions within the state for regional offers. It is preferred that maintenance services are available within 24 hours. If a third party is used to provide maintenance or warranty work, offeror shall include details of any such arrangement in the proposal. 7. MANUFACTURER. SUPPORT offerors submitting proposals as a manufacturer's representative must be able, if requested by Mohave, to supplement the offer with a letter from the manufacturer certifying that offeror is a bona fide dealer for the equipment offered, and that offeror is authorized to submit an offer on such equipment. f V i RFP 16K-0826 31 Special Terms and Conditions (Place after Tab 1d) S. MEMBER AGREEMENTS Some members may request the addition of specific requirements that would apply to products and services purchased under an awarded contract. These additional requirements shall be addressed through the use of an additional member agreement. In any agreement between the contract vendor and a member based on this contract, the terms and conditions of this contract shall prevail. Contract vendor and member must agree to all provisions in any additional agreements. If agreement requirements result in additional costs to the contract vendor, the contract vendor shall be entitled to direct reimbursement for these costs, in addition and separately to approved contract pricing. A copy of the additional member agreement shall accompany the member's purchase order. 9. OFFEROR QUALIFICATIONS For products/services other than listed in Specification 1.1.01, it is preferred that the offeror has extensive knowledge and at least three (3) years experience with the provision, installation and maintenance of the product, material, process, or services offered. Mohave reserves the right to accept or reject newly formed companies based solely on information provided in the proposal and/or its own investigation of the company. 10. PRICING 10.1. Administration fee: Mohave's 1% administration fee shall be included in offeror's contract price. Contract vendor shall not add the administration fee to approved contract prices. The value of trade-ins or rebates shall not affect the amount of administration fee paid to Mohave. 10.2. Application of pricing: In Mohave's purchase order review process, the date of a valid contract vendor's quote or the date Mohave receives a member purchase order will generally be used to determine the contract pricing that is in effect for that order. The date Mohave receives a member purchase order will only be used to determine the contract pricing that is In effect for an order when a contract vendor's quote does not exist or is invalid. However, other factors may apply. 10.3. Basis for pricing: Contract pricing under this RFP shall be based upon: 1. Percent of discount(s) off manufacturer's price lists) or catalog(s); 2. Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified In the proposal). Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract; or 3. A combination of the above. The price included in a catalog, price list, schedule or other form that: • Is regularly maintained by a manufacturer, distributor or contractor; • Is either published or otherwise available for inspection by customers; and/or • States prices at which sales are currently or were last made to a significant number of buyers for the product, material, process or services. Established catalog price is referred to as manufacturer's price list, price list, or catalogs throughout this solicitation. 10.4. Initial catalogs/price lists: A copy of the latest edition of the price list or catalog to which discount shall be applied shall be included with proposal. ' Include a copy of the latest edition of all applicable price lists or catalogs to which discount shall be applied with your proposal. Submission of outdated price lists or catalogs may result in rejection of proposal. RFP 16K-0826 32 Special Terms and Conditions (Place after Tab 1d) 10.5. Fixed prices: Fixed price offers shall include prices for any and all items. Fixed prices shall be firm until each anniversary date of the contract, unless there is an occurrence of one or more allowable economic price adjustment contingencies outlined in the proposal. If allowable price adjustment contingencies occur, contract vendor may submit a fully documented request for price adjustment to Mohave. The documentation must substantiate that any requested price increase was clearly unpredictable at the time of submittal and results from an increased cost to contract vendor that was out of contract vendor's control. Mohave shall review requests for fixed price adjustments to determine if the requested adjustments shall be allowed_. New fixed prices shall not apply until approved by Mohave. Price changes shall be a factor in contract renewal. 10.6. Combination pricing: Offers for combination contracts shall clearly identify items covered by discount(s) and those with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above. 10.7. Decimal places: Pricing shall use a maximum of three (3) decimal places, unless specified otherwise. 10.8. discounts: Submitted pricing shall clearly identify the percent of discount to apply to the price list. If multiple discounts apply, offeror shall clearly indicate the discounts and applicable materials or services. Offeror shall agree that there will be no reduction in discount(s) during the term of contract. 10.9. New catalogs/price lists: New price lists, workbooks and/or catalogs may be submitted for review throughout the term of the contract. Mohave will review new price lists, workbooks and/or catalogs to determine if the new prices or an alternative option is in the members' best interests. New price lists, workbooks and/or catalogs shall apply to the contract only upon approval from Mohave. New price lists workbooks and/or catalogs found to be non-competitive at any time during the contract may be grounds for terminating the contract. Any new catalogs/price lists shall meet requirements as stated in Basis for pricing. 10.10. Percent of discount as fixed price: Percent of discount offers that are not based upon published price lists or catalogs shall be administered as fixed price contracts. 10.11. Price reduction and adjustment: Price reduction may be offered at any time during a contract and shall become effective upon notice of acceptance from Mohave. Price reductions (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave orders of similar size and scope. Price reductions limited to a single member are not acceptable. Special time-limited reductions are permissible under the following conditions: 1) reduction is available to all members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is not exceeded after the time -limit; and 4) Mohave has approved the new prices prior to any offer of the prices to a member. Mohave shall be the sole judge on the acceptance of price reductions under an awarded contract. 10.12. Reimbursement for transportation, mileage, lodging, meals and incidental expenses (M&IE): Contract vendor may charge for transportation, mileage, lodging and M&IE costs for employees that are required to travel to perform services at member site under this contract. An overnight stay is required for lodging reimbursement. Mileage reimbursement shall be at a specified rate. Transportation charges are separate from mileage, and may include airfare, car rental, etc. Reimbursements under this section shall not exceed the rates listed in approved pricing, and shall not exceed the actual charge. To be eligible for reimbursement, estimated charges must be on the quote and approved by the member. Receipts for such reimbursements must be provided upon request from the member. RFP 16K-0826 33 Special Terms and Conditions (Place after Tab id) 10.13. Travel/drive rates: Contract vendor may charge for travel/drive rates under this contract. Travel/drive rates are only applicable for out of area employees working under this contract. Charges under this section shall not exceed the rates listed in approved pricing. Such charges must be on the quote and approved by the member. -Travel/drive rates may be an hourly rate or a per mile rate. 1f you are using a per mile rate, list your travel/drive reimbursement separately from mileage reimbursement. 11. SITE REQUIREMENTS 11.1. Cleanup: Contract vendor shall clean up and remove all debris resulting from their work as required or directed by member. Upon completion of the work, the premises shall be left in good repair and unobstructed condition. 11.2. Contract vendor employee fingerprinting: Contract vendor and its employees or subcontractors working under an awarded contract who are required to provide services on a regular basis at an individual school, shall obtain and present a valid Department of Public Safety fingerprint clearance card in accordance with ARS §15-512(H). The fingerprint card shall be issued pursuant to Title 41, Chapter 12, Article 3.1. Charges for such fingerprint checks will be the responsibility of the contract vendor, subcontractor or individual employee as determined by the member. An exception to this requirement may be authorized in member's Governing Board policy, for persons who, "as part of the normal job duties of the persons, are not likely to have independent access to or unsupervised contact with pupils." Contract vendor and its employees or subcontractors shall not provide services on school district property until so authorized by the school district. Additionally, contract vendor shall comply with applicable governing board fingerprinting policy(les) at the school district where services are provided. 11.3. Onsite contract vendor responsibilities: The contract vendor is responsible for ensuring that all onsite work performed under this contract meets or exceeds the current OSHA standards, and is responsible for ensuring safe work performance of employees and subcontract vendors. Contract vendor and its employees or subcontractors shall report accidents and incidents immediately to the member's responsible staff or its administration. The contract vendor is responsible for providing and obtaining appropriate medical and emergency assistance and notifying fire and law enforcement agencies, when necessary. Except for rescue and emergency measures, the scene of the accident or incident shall not be disturbed, and the operation shall not resume until authorized by the member's responsible staff or administration. The contract vendor must assist and cooperate fully with the investigation of the accident/incident and ensure availability of all information, personnel and data pertinent to the investigation. For preemptive purposes, contract vendor and its employees or subcontractors shall immediately report to the member's responsible staff or administration all areas of concern that could potentially lead to accident or injury. 11.4. Preparation: Contract vendor shall not begin a project for which member has not prepared the site. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre -installation requirements. RFP 16K-0826 34 Special Terms and Conditions (Place after Tab 1d) 11.5. Registered sex offender restrictions: For work to be performed at an Arizona school, contract vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contract vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the member's discretion. 11,6. Safety measures: Contract vendor shall take all reasonable precautions for safety on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contract vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to current Arizona law and standard practices to protect workers, general public, and existing structures from injury or damage. 11.7, Smoking: Persons working under the contract shall adhere to current local smoking policies. 11.8. Stored materials: Upon prior written agreement between the contract vendor and member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials shall be provided to member prior to payment. Such materials shall be stored and protected in a secure location, and be Insured for their full value by the contract vendor against loss and damage. Contract vendor agrees to provide proof of coverage and/or addition of member as an additional insured upon member's request. Additionally, if stored offsite, the materials shall also be clearly identified as property of member and be separated from other materials. Member shall be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Payment for stored materials shall not constitute final acceptance of such materials. The contract vendor shall be responsible for the protection of all material and equipment, whether stored on or off site. Title for all work, materials and equipment shall pass to the member only upon final inspection and payment of remaining job costs. 12. SUBCONTRACTORS 12.1. Awarding subcontracts: Offeror agrees that any subcontract competitively solicited by contract vendor shall not be awarded solely upon membership or non -membership in a union or professional association. 12.2. Entering subcontracts: Subcontracts shall incorporate by reference the terms and conditions of the Mohave contract. 12.3. Prime contractor: Contract vendor shall be considered a prime contractor and not a subcontractor. Neither Mohave nor the member shall establish a contractual relationship with subcontractors. 12.4. Subcontracts: No subcontracts shall be entered into with any unlicensed party. Contract vendor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the current rules of the Arizona Registrar of Contractors and the Arizona procurement rules and coda No subcontracting costs may be hidden in a cost proposal to member. 12.5. Subcontractor payment: Contract vendor agrees to pay subcontractors within seven days after receipt of payment from member, as required in Arizona procurement rules and code. If contract vendor receives any interest monies for delay of payment from member, contract vendor will pay subcontractor the correct proportion of interest received. Complaints by subcontractor may be resolved as described in Arizona procurement rules and code. Failure to pay subcontractor for work faithfully performed and properly invoiced may result in the suspension or cancellation of this contract. RFP 16K-0826 35 Special Terms and Conditions (Place after Tab 1d) 12.6. Use of subcontractors: Use of subcontractors shall permit work to be managed effectively and without delay and shall not cause any disturbance or interference to the progress of the project (e.g. engaging in strike, work stoppage, picketing, ceasing work due to a labor dispute). Subcontractor shall not employ anyone whose employment may be objected to by prime contractor, member or Mohave. 13. TERM OF CONTRACT AND EXTENSIOV 13.1. Contract period: It is Mohave's intent to award a multi -term contract for the specified product, material, process, or services. The initial contract term shall be for one (1) calendar year from the effective date of contract award. By mutual written agreement between Mohave and contract vendor, the contract may be extended for up to four (4) consecutive addldonal 12 - month periods, beginning immediately after expiration of the prior term. However, no contract extension exists unless and until contract vendor is so notified by Mohave. 13.2. Contract extension: Conditions for contract extension may include, but are not limited to: contract usage, satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory services, continued adherence to the contract requirements, and continued competitive prices for the materials and services provided under the contract. 13.3. Month-to-month extensions: Mohave reserves the right to offer month-to-month extensions, if that is determined to be in the best interests of members. 14.TRADE-.I.,N EQUIPMENTIPRODUCTS Member and contract vendor shall determine values placed on trade-in equipment/ products. The Value of trade-in shall not affect the amount of administration fee paid to Mohave. Trade-in equipment/products shall be dismantled and removed, as applicable, at contract vendor's expense. The condition of trade-in equipment/products at the time it is turned over to contract vendor shall be the same as when the original agreement was made, except for normal wear and tear from use between the time of the offer and trade-in. 15, WARRANTYIQUA►LITY GUARANTEE 15.1. Extended warranties contracts: The contract vendor or a manufacturer may offer extended warranties available at extra cost for members that agree to a maintenance contract. The extended warranty contract shall be offered as a separate line item. 15.2. Fitness: Contract vendor warrants that any equipment or material supplied to Mohave or its members shall fully conform to all requirements of the contract, all representations of contract vendor, and shall be fit for all purposes and uses required by the contract. 15.3. Inspection: The warranties set forth in this section shall not be affected by inspection or testing of, or payment, for the product or materials to contract vendor by member. 15.4. Quality: Unless otherwise specified, contract vendor warrants that for a period of one (1) year after acceptance of the equipment or materials by member, they shall be: • Of a quality to pass without objection in the industry or trade normally associated with them; • Fit for the intended purpose(s) for which they are used; • Of even kind, quantity and quality within each unit and among all units, within the variations permitted by the contract; • Adequately contained, packaged and marked as the contract may require; and • Conform to the written promises or affirmations of fact made by contract vendor. NotC: Sce l;esC dild 'Final Cli"°-,�r For hurthcr details RFP 16K-0$26 36 Special Terms and Conditions (Place after Tab 1d) 15.5. Warranty requirements: Contract vendor warrants that all products, materials, processes and services delivered under this contract shall conform to the specifications. Unless stated otherwise, all equipment shall carry a minimum 12 -month manufacturer's warranty that includes parts and labor. Contract vendor agrees to help member reach resolution in a dispute with the manufacturer over warranty terms. Any extended manufacturer's warranty shall be passed on to member without exception. Mohave reserves the right to cancel the contract if contract vendor charges member for a replacement part that the contract vendor received at no cost under a warranty. 15.6. Warranty work: The contract vendor shall perform all warranty work and remain available to the member should continued service be required after warranty obligations are met. RFP 16K-0826 37 Special Terms and Conditions Acceptance Form (Place after Tab id) .,� Signature on Page Z certifies complete acceptance of the Special Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Special Terms and Conditions: ® We take no exceptions/ deviations to the Special Terms and Conditions. (Note: If nothing is listed below, It is understood that no exceptions/deviations are taken.) ❑ We take the following exceptions/ deviations to the Special Terms and Conditions. All exceptions/ deviations shall be clearly explained. Reference the corresponding Special Terms and Conditions that you are taking exceptions/ deviations to. Clearly state if you are adding additional terms and conditions to the Special Terms and Conditions. Provide details on your exceptions/deviations below: (Note: All requested exceptions/deviations must be clearly explained Reference the specific special terms and conditions that you are taking exceptions/deviations to, detail any proposed substitute special terms and conditions, and clearly demonstrate how Mohave and its membership will be better served by the substituted special terms and conditions. Unacceptable exceptions/deviations shall remove your proposal from consideration for award. Mohave shall be the so)ejudge on the acceptance of exceptions/deviations and Mohave's decision shall be final.) RFP 16K-0826 38 Scope of Work (Place after Tab ie) 1. DESCRIPTION In order to gain economies of scale, Mohave is formally soliciting sources for Fire Turnouts And Emergency Services Related Equipment as specified within this Request for Proposal. These products/services are requested for Mohave's statewide membership of approximately 450 public agencies. A current list of all members can be found on Mohave's website at www.mesc.org. Contracts, in whole or in part, shall be awarded to offeror, or offerors, for an initial one (1) year term and four (4) potential one-year extensions. The scope of work and specifications define the quality and characteristics of the desired materials and application. They are based upon specifications for known acceptable manufacturers, processes, materials and/or brands such as Akron, Angus, Ansul, Basofil, Chemguard, Crosstech, Coleman, dynax, DuPont, E-89, Eureka, FireLine, Gemini PBI, Glide, Haix, Hale, Iso-Dri, Keen, Kevlar, Key Fire Hose, Kidde, Lion Apparel, MSA, MSR, National Foam, Niedner, Nomex, North American Fire Hose, PBI Gold Plus, Scotchlite, Scott Health and Safety, SOG, Survivair, Teflon, True North, Tyco, Victorinox, and W.L. Gore. The specifications are not intended to be exclusive or to restrict competition. Offerors may offer alternate solutions, including alternate manufacturers, which meet the quality and performance characteristics in the specifications. Mohave shall review such offers and be the final judge on the acceptance of any alternate solutions. One contract vendor holds Mohave's current contract for the specified products and services, Activity under the contract from the effective date including year to date activity (as of the publication date of this RFP) is $1,169,414. This information is provided as an aid to offerors in preparing proposals only. It is not to be considered a guarantee of volume under an awarded contract. The discount and pricing schedule shall apply regardless of the volume of business under the contract. 2. ESTIMATED TIMELINE OF EVENTS Mohave has developed the following estimated timeline of events related to this formal solicitation. All dates are subject to change as required and at the sole discretion of Mohave. EVENT ESTIMATED DATE Request for Proposal Issued July 29, 201 August 8, 2016 at 10:00 a.m. (local AZ time) Pre -proposal Conference Held Pre -proposal conference will be held using WebEx telephone conferencing. Please contact Mohave for reservation details. Deadline for Questions Au ust 19, 2016 at 5:00 p.m. local AZ time Published RFP Due Date and Time August 26 at 3:00 p.m. (local AZ time) 625 East Beale Street, Kingman, AZ 86401 Public Opening, of Proposal August 26 at 3:00 p,m. (local AZ time) Notice of Intent to Award (estimated date only) November 1, 2016 NOTE: Notification will be sent by email to all awardee(s) and non awardee(s) on or before this date. December 2, 2016 Execution of Contract(s) (estimated dafe only) RFP 16K-0826 Scope of Work (Place after Tab le) 3. SUBMISSION OF PROPOSALS 3.1. Proposals should provide straightforward, concise information that satisfies the requirements. Expensive bindings and/or color displays are not necessary. Emphasis should be placed on conformity to the specifications and terms and conditions, as well as the completeness and clarity of the submittal content. 3.2. The offeror must submit a proposal following Information detailed in the Instructions to Offeror and Checklist Form, 3.3. A proposal submitted in response to this solicitation shall be valid and irrevocable for one hundred twenty (120) days after specified due date and time. 4. CONTRACT TYPE The term contract shall be a percent of discount off manufacturer's price list or catalog, fixed price, or a combination of both with indefinite quantities, 5. AWARD CRITERIA The weighted award criteria for this solicitation, in relative order of importance, are as follows: Award(s) shall be made to the responsive and responsible offeror(s) whose proposal(s) are determined in writing to be most advantageous to Mohave for its members. Responsive and responsible offeror(s) shall provide the following requirements: 1) Offer and Acceptance, Terms and Conditions, Scope of Work and Specification Documents: Offer and Acceptance Form, amendments (if any), General and Special Terms and Conditions Acceptance Forms, Scope of Work, Specifications with exceptions/deviations noted, Scope of Work and Specifications Acceptance Form; 2) Primary Vendor Information: Complete response to the (Method of Approach and Qualification and Experience pages, references (past performance information), certificate of insurance, financial information; 3) Pricing Information: Paper copy of summary section worksheets, two (2) electronic copies of the entire workbook, price schedules, additional requested price information, market basket pricing data (in paper and electronic format), and travel description, pricing methodology, volume discount information, quick pay discount information, Pcard acceptance information; 4) Supporting Contract Documents: Completed supporting contract documents, support and maintenance information, sample supplemental or end-user agreements, extended warranty or maintenance service plan information; 5) Additional Information: Instructions to Offeror and Checklist Form, descriptive literature, slicks and any supporting printed data, additional information. References and definitions used for specifications (acronyms used in the solicitation are noted in bold font below): Center for Disease Control and Prevention; National Institute for Occupational Safety and Health (NIOSH): www.cdc.gov/niosh Compressed Gas Association (CGA): www.cganet.com International Organization for Standardization (ISO): www.iso.org National Fire Protection Association (NEPA): www.nfpa.org Underwriter Laboratories (UL): www.ul.com United States Department of Transportation (USDOT): www,dot.gov RFP 16K-0826 6 Specifications (Place after Tab le) --I SPECIFICATIONS Purpose of specifications: Specifications are designed to enable offeror to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If offeror believes a specification is unnecessarily restrictive, offeror must notify Mohave prior to specified proposal due date and time. Partial proposals: Mohave will consider partial proposals for award of a contract, Use of brand names: Brand names, trade names, model numbers, and/or catalog numbers may be used to describe the standard of quality, performance, and other characteristics needed to meet member requirements. Use of the name of a manufacturer, brand, make or catalog number is not intended to limit or restrict competition, nor does it restrict offeror from the submission of equivalent brands, However, Mohave reserves the right to decide whether alternatives are equivalent to the materials and equipment described in the solicitation. Mohave shall be the sole judge of equivalent quality, and Mohave's decision shall be final. Compliance with specifications: Offerors shall offer product, material, process, or services they believe come closest to meeting specifications. The fact that a manufacturer, supplier or offeror chooses not to produce or provide product, material, process, or services to meet the specifications shall not be considered sufficient cause to adjudge the specifications as restrictive. Deviations from specifications: Offerors will respond to each numbered specification by checking the appropriate "Comply" or "Deviate" box. "No Bid" items shall be marked as such in the appropriate "Deviate" box. Your exceptions/deviations must be clearly explained. Reference the specification that you are taking exceptions/deviations to, detail any proposed substitute language, and dearly explain how the exceptions/deviations meet or exceed specifications. Unacceptable exceptions/deviations shall remove your proposal from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions and Mohave's decision shall be final. Details for exceptions/deviations shall be listed by specification number on the Scope of Work and Specifications Acceptance Form. SpecJflcations M Comply Deviate* 1.1 Fire Turnouts And Emergency Services Related EquipmeInGeneral Specifications 1.1.01 Installation, service, and repair of stationary foam system building, hanger, or other structure applications are not requeX and shall not be allowed under an awarded contract. 1.1.02 Awarded contracts may include sales of new fire extinguis However, service and repair of fire extinguishers is not requX and shall not be allowed under an awarded contract. 1.2 Fire Turnouts Specifications 1.2.01 Contract vendor shall be capable of supplying as Few as one, or as many fire turnouts to outfit a full recruit class or departmental staff X in an agreed upon delivery schedule with member. 1.2.02 All materials and fabrics used in the manufacture of Fre turnouts _ and accessories must meet current applicable NFPA industry tau standards for Flammability and fire retardant. Turnouts shall include NFPA certification stamp/label and garment labeling and i X identification. Contract vendor agrees to provide certification or documentation of such standards compliance to member upon request. _ _ 1.2.03 All fire turnouts and accessories being proposed shall be available in a varies of patterns, closure and/or fly options, styles and colors. X 1.2.04 Contract vendor shall supply to member upon request, the following to ensure proper sizing for personnel: sample fire turnouts, sizing charts and/or other information required for proper fitting of X turnouts. RFP 16K-0826 7 Specifications (Place after Tab ie) ��-- 1..2.05 Components for fire turnout coats and trousers, shall include, but not be limited to: outer shell, moisture barrier, thermal liner, retro - reflective trim, storm flaps, collar and throat strap, collar hanger X loop, pleated back, back yoke, pockets, shoulder caps, cuffs, hook and lgqp fastening. 1.2.06 Detachable moisture barrier/thermal liners from the outer shell are X requested. 1.2.07 Fire turnout coats and trousers shall be available in a variety of chest slzes coat lengths, waist sizes and inseam measurements. X 1,2.08 Fire turnout trousers shall include a traditional design with a short rise. Design shall be compatible with the outer shell so that the liner> does not buckle, pull, or otherwise restrict body motion. The fly flap X closure shall provide thermal and moisture protection. Trousers options shall include, but not be limited to: suspender buttons, bellows pockets, flaps and other closures, take-up straps, knee ads, cuffs, suspender system and reflective trim. 1,2.139 All stitching shall meet all current applicable NFPA requirements. All thread shall be Nomex (or equivalent) for fire and heat retardant. X No raw edges shall exist on any fabric. 1.2,10 Fire turnouts outer shell stress points, such as upper and lower pocket corners, pocket flap corners, top and bottom of fly flap, as X well as the upper and lower corners of the storm panel, shall be reinforced with bar tacks, or other acceptable reinforcement material or process. 1.2.11 All front closures shall provide continuous thermal and moisture Prakection when closed. _ X 1.2.12 Special pockets and holders shall include, but not be limited to the application of the following equipment: radios, microphones, gloves, flashlights and self contained breathing apparatus (5CBA) X Facepieces. X 1.2.13 Fire turnout coats shall be fitted so that access to pockets shall not be compromised when 5CBA is in place. 1.7.14 Fire turnouts shall be constructed so that when completely assembled, there shall be no direct metal contact from the exterior of the outer shell through the thermal liner to the wearer's body, X except at the waistband of the trousers. This shall apply to the use of all rivets, snaps, hooks, d -rings, zippers, or any other metal used to assemble the coat or trousers. 1.2.15 Removable accountability panels may be offered. Contract vendor may provide individual identification printed on each panel as supplied by the member. Accountability panel shall be provided with X secure attachments. Accountability panels shall be interchangeable between garments, Accountability panels shall not lose their attachment abilities after continuous washings. 1,2.16 1.2.1.7 Contract vendor shall include all specifications and/or information that includes at a minimum: all materials used in the manufacture of the garments, included options/a Iterations, life expectancy, warranty information, user guide information and maintenance and care with fire turnout_quotations or proposals. Contract vendor shall offer to provide to member upon request, all copies of testing for material(s) used in the manufacturing of the garment(s). Testing shall include, but not be limited to; Thermal Protective Performance (TPP), Total Heat Loss (THL) and Conductive and Compressive Heat Resistance (CCHR). Testing shall indicate compliance with NFPA minimum performance values. 1.2.18 At least one kaumograph of the material manufacturer shall be stamped on the inside material of each garment. X X X RFP 16K-0$26 - 8 Specifications (Place after Tab ie) 1.2.79 Member may require that all merchandise, (e.g. fire protective coats u Vis' and trousers) be inspected before acceptance for workmanship,."��5 appearance, proper function of all components and conformance to these or member's requested specifications. Should deficiencies be : ` X found, it shall be the responsibility of the contract vendor to pack`'' and return the unit(s) in question, make necessary corrections or replacements and return the unit(s) to member for re -inspection and ' acceptance. 1.2.20 Fire turnouts may be offered with departmental identification such as lettering, member supplied logos, graphics, or other designs as x requested. Pricing for these services shall be included in aur submitted pricing after Tab 3a. % _ 1..2.2.1 The minimum length of warranty required under this contract for 7 fire turnouts shall be 5 ears. X 1.2.22 Fire turnouts for training purposes may be offered. Training ;. turnouts offered are not required to meet current NFPA X requirements. New, refurbished, or used fire turnouts may be offered as training turnouts. All training turnouts shall include Identification for traino _purposes only. 1.3 Fire Turnout Services and Maintenance Specifications ' X 1.3.01 Services for fire turnouts, such as repair, tailoring, inspection, ` testing and cleaning may be offered. Pricing for these services shall be Included in your submitted pricing after Tab 3a. 1..3.02 Fire turnout care and maintenance equipment may Include, but not be limited to: powered washers and dryers (electric or gas), X cleaning supplies and equipment, drying racks, hangers, hooks and repair kits.. 1.4 Self Contained Breathing R paratus SCBA Specifications 1.4.01 SCBAs shall include open -circuit self-contained and/or closers -circuit X systems. 1.4.02 SCBAs shall be certified with current applicable NIOSH Code of Regulations for 30-, 45-, or 60 -minute rated service life and for X storage. 1.4-03 SCBAs shall be compliant with all current applicable NFPA requirements for performance. X 1.4.04 All SCBAs electronic components shall be certified per current ' X applicable UL standards for safe _. 1.4.05 SCBA facepieces shall be constructed to withstand a 30 -foot drop onto concrete without sustaining breakage. Facepiece options may X include Heads -Up Display (HUD). 1.4.06 SCBA facepieces shall be constructed to: fit various facial shapes and sizes; contain a replaceable, non -shatter -type, polycarbonate (or equivalent) to provide a satisfactory field of vision; allow air to enter the facepiece in a manner that shall reduce the possibility of X moisture accumulation on the lens; employ an adjustable strap headband assembly; contain an easily removable exhalation module; removable speaking diaphragm; have field -replaceable components throughout; removable nosecup; and a removable adapter onto which the second stage regulator attaches. RFP 16K-0826 9 Specifications (Place after Tab le) 1.4.07 SCBA regulator system, intermediate pressure hose and the Rapid Intervention Crew/Company Universal Air Connection (RIC UAC) shall be designed to operate in two independent stages: • First stage shall be mounted directly on the cylinder valve; • Second stage shall be designed to provide positive pressure during an NFPA breathing machine test at a minimum of 70 - psi inlet pressure. Regulator system shall be constructed to contain a pressure- , reducing valve to reduce pressure from the cylinder; contain an �;' over -pressurization relief valve; provide uniform Flow performance p, throughout the full cylinder pressure range, include a metal inlet' filter to retain particles of 30 microns or greater; and incorporate a RIC UAC. 1.4.08 SCBA harness and backpack shall be constructed so that tools are not required to: remove/replace any replaceable components, be readily adjustable for various wearer sizes and be constructed of materials that are resistant to NO temperatures. 174.09 SCBA shall include primary audible alarms and secondary redundant alarms. 1..4.10 SOBA cylinders shall pass current applicable USDOT testing requirements for cylinder volume, weight, construction materials and maximum pressures. 1.4.11 SCBA cylinder valve shall include gauges, handwheel with safety locking collar device and conform to current applicable CGA standards for thread connection for low and high pressure. 1.4.12 Member shall be provided with all instructional/user guides, maintenance and care manuals for SCBA, replacement parts break- outs including part numbers and ordering information for 1.5 SCBA Cylinder Recharging, Recharging. Stations and Testing Certification Specifications 1.5.01 Freestanding and portable SCBA cylinder recharging stations may be offered. A properly licensed contractor in accordance with manufacturer's installation instructions and any current applicable federal, state and/or local codes shall install freestanding stations. Pricing for these services shall be included in your submitted pricing after Tab 3a. 1.5.02 Testing equipment for SCBA cylinders may be offered. 1.5.03 SCBA cylinder testing services may be provided. Member shall receive all testing certificates (pass or fail.) Pricing for these services shall be included in your submitted pricing, after Tab 3a. 1.5,04 Mobile and contract vendor facility SCBA cylinder recharging services may be provided. Pricing for these services shall be included in your submitted pricing after_ Tab 3a. 1.6 Emergency Medical Service and First Aid Supplies 1 Emergency Medical Service (EMS) and First Aid supplies and equipment may include, but not be limited to: airway maintenance, automated external defibrillators (AED's), bandages, emergency treatments, first aid kits, immobilization and extrication, infection control and hygiene, IV and drug delivery supplies, medical bags and kits, oxygen and resuscitation, patient transport equipment, pharmaceuticals and body bags. e X X X X X X X X X X X RFP 16K-0826 10 In 1.6.02 Diagnostic equipment may include, but not be limited to: blood pressure cuffs, defibrillators and accessories, diagnostic instruments . and tests, ECG electrodes/defibrillation pads, Otoscopes and X ophthalmoscopes, penlights, pulse oximeters, stethoscopes, thermometry, tongue depressors and ultrasound equipment. 1.7 Rescue, Extraction, Firefighting and Firefighter Equipment �f Specifications ��.� 1.7,01 Firefighting and firefighter equipment may include, but not be :- limited to: axe holders, boots, clothing and accessories, eyes protection/goggles, ventilation/fans, generators, portable power equipment, flashlights, batteries, fire helmets, decals, gear bags, X gloves, radio straps and cases, tool pouches, gas detection, thermal imaging equipment, emergency fire shelters/tents, weather meters/instruments and salvage covers. _ 1.7.02 Firefighting and firefighter attack tools may include, but not be limited to: axes, Halligan bars, chain and/or rescue saws, shovels, forcible entry tools, rescue tools and accessories such as tool X mounting hardware, replacement handles/blades, bar/chain oil and sharpeningslharpening tools. 1.7,03 Extraction tools and supplies may include, but not be limited to , (both hydraulic and/or manual): cribbing, cutters, blankets, I spreaders, combo tools, rams and rapid stabilization struts, Gas or X electric powered equipment may be offered. -] — . — — 1.7.04 Rescue equipment may include, but not be limited to: hardware, rescue straps, Rapid Intervention Team (RIT) including rope, escape and other supplies, life safety, personal escape, rope bags and utility X items. _ X J r X _: _ 1.7.05 Ladders and ladder safety accessories may be offered.`. 1.7.06 Firefighter bailouts stems may be offered. 1.7.07 Firefighter escape belts, ropes, harnesses, fall protection, buckles, repelling equipment andescape equipment maybe offered. X _other 1.7.08 Traffic/crowd control supplies and equipment may include, but not limited to: caution tape, cones, flares, barricades, high -visibility X apparel, traffic wands and lighting. 1.7,09 Binoculars and sp2tting sco s may be offered. X 1.7.10 Knives and multi -tools may be offered, X 1.8 Wildland Fire Gear Specifications 1.8.01 Wildland fire gear may include, but not be limited to: backpack ry tanks, hotshot hand tools, water vests, backpack bladders, chaps, snakebite protection legging, Mcleod (or equivalent) fire tool and ATV carrying packs and attachments. 1.8.02 Wildland control burn equipment may include, but not be limited to: drip and flame torches, steel and poly fire pumps and torch and pump maintenance kits. 1.9 Hazardous Materials Handling and Safety Equipment w 4 Specifications 1.9.01 Hazardous Material (HAZ-MAT) equipment may include, but not be limited to: air bags, covert HAZ-MAT backpacks, emergency staging X kits, tents, showers, signage and warning barriers and team kits, X 1.9.02 HAZ-MAT handling may include, but not be limited to: disposal bags, loves, suits and containers. 1.9.03 HAZ-MAT safety equipment may include, but not be limited to: air filtration/ventilation, masks, suits, wash stations, electronic X detectors and identifiers and testing kits. ifications after Tab le) RFP 16K-0$26 12 d fire extinguishers are X e limited to: Class A, B, C, pressure or cartridge -type; X pplications. _ but not be limited to: wall are and signage. X red in expansion rates as 20 to 1. X up to 200 to 1. bile units) for firefighting X ;entified on all containers. i rate, mixing rate, or X lution, foam application, ;al information, am class shall be clearly x is or protein agents. Non- thetic foams may include, Film Forming Fluoroprotein X (AFFF), Alcohol Resistant of Resistant Film Forming :ergent. e, but not be limited to: nozzles, eductors, manual carts, proportioning foam X :ions, floating roof foam ansion generatorms. approved containers and es resulting from shipping.: X current UL and/or NFPA x' :able NFPA standards for st pressure, burst pressure :ates of testing shall be X 3nufacturer defects for a at include longer warranty 2 X but not be limited to: ise, compressed air foam X able water. _ iccessones to include, but ,ton intake valves, nozzles, X hose coilers, hose parts, i brushes. _ all applicable instruction guide information for all X RFP 16K-0$26 12 1- . Specifications (Place after Tab le) 1.13 Fire (Municipal) Hose Inventory and Testing Services Spec€fications _ 1.13.01 Fire hose inventory and testing management software systems/programs may be offered. Contract vendor shall provide X member information regarding the hardware and system requirements for the software pro�c ram to be provided. 1.13.02 Fire hose testing services may be offered. Contract vendor shall supply all certificates of testing (pass and fail) to member. Pricing- for these services shall be Included In your submitted X pricing,after Tab 3a. 1.14 Firefighter and Departmental (Stationhouse) Apparel, Badges, Accessories and Maintenance 5 ecifications 1.14.01 Firelighter and departmental apparel and accessories may Include, but not be limited to: hats, pants, shirts, socks, pins, name bars, X collar pins, ties and other lapel accessories. 1.14.02 Firefighter and departmental accessories may include, but not be limited to: stationary items, calendars, business cards, watches, mugs and glassware, awareness magnets and pins, educational X giveaways, school or classroom awareness and educational items and other fire department eromotional material. 1.14,03 Personalized firefighter and departmental apparel and accessories may be offered. Custom printing of Fre department logos and insignia on products are requested. Pricing for these services X shall be Included in your submitted pricing, after Tab 3a. 1.14.04 Firefighter and departmental badges are requested. Custom or special badges manufactured with member provided designs are requested. Contract vendor shall be capable of supplying as few as X one or as many as a full recruit class or departmental staff within an agreed upon delivery schedule with member. 1.14.05 Customized or special Firefighter or departmental insignia jewelry, such as rings, tie clips, anniversary/service year's pins and watches X may be offered. 1.14.06 Fire station accessories and maintenance may include, but not be limited to: cleaning supplies, cleaning equipment such as: brooms; mops, mop buckets; vacuum cleaners; and power washers, kitchen X supplies such as: cooking utensils; microwaves; cutlery; dishes; dish drainers' towels Arden hoses and nozzles and paper goods. 1.15 Base Camp, Camp and Rehabilitation Sp ons 1.15.01 Ouse camp and camp supplies may include, but not be limited to: ' tents, shade tents, shade tent screens, shelters, cots, sleeping pads/air mattresses, folding chairs, cutlery, lanterns, camp X fuel/propane canisters, sleeping bags, camp stoves, camp cookware, ground cloths, backpacks and stuff bags, tent stakes, animal/rodent resistant food storage containers/bags and folding tables. 1.15.02 Rehabilitation may include, but not be limited to: bottled water, sports drinks/mixes, water coolers/dispensers, cool fan/fan kits, X hydration kits, meal kits, meals -ready -to -eat (MRE's) and misting tents and supplies._ -- RFP 16K-0826 13 Specifications (Place after Tab le) 1.16 Emergency Response/Responder Training Services, � ' � „.. �•,.� � Equipment, supplies and Literature 5 ecifications. .1.16.01 Emergency Response/ Responder on-site and remote equipment and } safety training may include, but not be limited to: on-site Instructional classes and remote/web based instructional classes. " On-site training requiring travel charges must be identified and quoted prior to member acceptance or commitment to training class. X Pricing for any travel, lodging and per diem shall be included in your submitted pricing, after Tab 3a. A detailed description and application of any travel charges shall be included in Pricing Information —Travel Description after Tab 3c. g 1.16.02 Emergency Response/Responder training equipment and supplies may include, but not be limited to: sample foam demonstration kits, ';' X books, videos, CPR Manikins, Manikins, instructional materials and visual aids. 1.16.03 Emergency Response/Responder may include, but not be limited to booksmagazines, periodicals and electronic format (e -books). X 1.17 Fore Truck Repair/ Maintenance Parts and Accessories Specifications r 1.17.01 Fire truck repair/maintenance parts and accessories used in the routine maintenance and on -scene repairs performed by bre station and firefighter personnel are requested. 1.17.02 Fire truck parts and accessories may include, but not be limited to: fasteners, pins, pinion gears, 0 -rings, shaft/impeller keys, gaskets, shims, valves, sleeves, handles, valve repair kits, lube kits (including X grease guns and grease), solenoids, tank flush and preservative chemicals compartment mattin2 and wheel chocks. _ 1.17.03 Ancillary repair/maintenance (shop) supplies may include, but not lie limited to: tie -wraps, tapes, gasket sealers, rags, cleaners, X adhesives, touch-up paints, and vehicle soaps, waxes and rotectants. 1,17.04 Hand tools, tW kits drip pans and diagnostic tools may be offered. X *Exceptions/ deviations must be listed on the scope or worm ana spectrrcarlans Accepranc+e Form. List the specification number for each exception/ deviation. RFP 16K-0826 14 Scope of Work and Specifications Acceptance Form (Place after Tab le) Signature on page 2 certifies complete acceptance of the Scope of Work and specil<cations in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Scope of Work and Specifications: EJ We take no exceptions/ deviations to the Scope of Work and Specifications, (Note: If nothing is listed below, it is understood that no exceptions/deviations are taken.) ® We take the following exceptions/ deviations to the Scope of Work and Specifications. All exceptions/ deviations shall be clearly explained. Reference the corresponding Scope of Work or Specifications that you are taking exceptions/ deviations to. Provide details on your exceptions/ deviations below: (Note: All requested exceptions/deviations must be clearly explained. Reference the specific language that you are taking exceptions/deviations to, detail any proposed substitute language, and clearly explain how the exceptions/deviations meet or exceed Scope of Work and Specifications. Unacceptable exceptions/deviations shall remove your proposal from consideration for award Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohaves decision shall be final.) (Please see attached page "Exceptions/Deviations to Specifications) RFP 16K-0826 15 L.N.CuRIns & soNs `POOLS FOR HEROES`' Simi 1929 ExceI)tioiis/IDeviations to Specification 1.3.02: We are partially bidding this specification; we are no bidding the powered washers. 1.4.07: Regarding specification "First Stage shall be mounted directly on the cylinder valve", our offered SCBA"s first stage regulator is up line from the cylinder valve as opposed to being installed directly on the cylinder valve. This design is common with major SCBA manufactures while still meeting applicable NFPA standards. 1.5.02: We are no bidding the request products in this specification. 1.5.04: We are no bidding the request products in this specification. 1.6.01; We are no bidding the request products in this specification. 1.6.02: We are no bidding the request products in this specification. 1.9,01: We are partially bidding this specification; we are no bidding covert HAZ-MAT backpacks, signage, and warning barriers. 1.13.01: We are no bidding the request products in this specification. 1.13.02: We are no bidding the request products in this specification. 1.14.02: We are no bidding the request products in this specification. 1.14.03: We are no bidding the request products in this specification. 1.14.05: We are no bidding the request products in this specification. 1.14.06: We are no bidding the request products in this specification. 1.15.01. We are no bidding the request products in this specification, 1.15.02: We are no bidding the request products in this specification. 1.16.01: We are no bidding the request products in this specification. 1.17.01: We are no bidding the request products in this specification. 1.17.02: We are no bidding the request products in this specification, 1.17.03: We are no bidding the request products in this specification. 1.17.04: We are no bidding the request products in this specification. 4647 S. 33rd Street . Phoenix, AZ 85040 . Phone: 877-453-3911 • Fox 602-453-3910 1ACUR'TIS.com Primary Vendor Information — Method of Approach (Place after Tab 2a) Offeror shall respond to each item below. The information will be used to assist Mohave in evaluating the method of approach that an offeror would take regarding specific issues under an awarded contract. Do not use "boilerplate" answers. Respond to each item by specifically addressing the Mohave request. Failure to complete all questions may result in your proposal being considered nonresponsive. 1. Offeror shall provide a project plan that describes how the offeror intends to implement the plan. This information shall include, but not be limited to: a. Account team structure (for a Mohave contract) and role which includes, but is not limited to description of sales contact process, account team support, and periodic account review processes; L.N. Curtis & sons sales contact process is consisted of Territory Field Sales Representatives for specific counties in Arizona. Mohave members located in the counties of Maricopa, Yavapal, Mohave, Lapaz, Yuma, and Coconino may contact the territory representative Gary Norton, 480-296-5202 or GNorton@LNCurtis.com for sales support. Mohave Members located in the counties of Pinal, Pima, Gila, Cochise, Santa Cruz, Graham, Greenlee, Apache, and Navajo may contact the territory representative Travis Sparks, 520-709-6360 or TSparks@LNCurbs.com. These representatives are responsible for sales and customer service support. Additionally, each representative is partnered with an inside Customer Service Representative (CSR) assigned to the same counties aforementioned. They provide any needed support to the field sales representative including but not limited to quotations, order entry, retums, accounting support and any other customer service related issues. The Sales Representative and CSR will work together to assist the Mohave member with any needs. Regarding any accounting support a Mohave member may need, the Mohave member may call their respective Field Sales Representative as listed above or call our Operations Center In Phoenix at 877-453-3911 to speak with their Customer Service Representative. Any one of our employees will be able assist members with any accounting questions or issues. If the question or issue is unable to be handled by the employee, it will be escalated to the appropriate personnel in our Accounting Department located in our L.N. Curtis & sons Headquarters in Oakland, CA. An L.N. Curtis & sons representative will review the Mohave contract bi-annually to confirm/update all contract information, review the pricing structure and manufacture's price lists, analyze our fulfillment rates and communicate with customer to understand their satisfaction with the contract and our service levels. b. Communication process with Mohave and its members; Mohave and its members can reach out to the L.N. Curtis & sons representatives aforementioned by telephone or by email. Additional contact information is listed in Tab 4a, "Supporting Documents — Firm Information, Order Processing, Individual Contact, and Customer Support Information". c, Standard delivery time for products/ services after receipt of purchase order; Standard delivery time varies by product and services after receipt of purchase order. A product can be delivered within 5-7 business days if the product is in stock in one of our 5 warehouses via regular ground delivery services. Delivery time can reach up to 60 days for certain products requested such as fire turnouts, extraction tools, custom fittings and adapters, and fire hose. d. Training regarding use of equipment, including specialized applications; Training can be provided by one of L.N. Curtis & sons Fields Sales Representatives or Product Specialist. They will be able to educate the customer on the proper use of certain products purchased under any resulting contract from our proposal, Primary Vendor Information — Method of Approach (Place after Tab 2a) Y I e. Specific value-added services that may benefit members; In addition to the training aforementioned, L.N. Curtis & sons and its employees strive to be the best and to exceed our customers' expectations. This motto will be passed along to Mohave and its members. Our Feld Sales Representatives travel the State of Arizona and can meet with Mohave members to discuss in detail any needs they have as it pertains to any resulting contract from our proposal. This process, we believe, helps add a face to the company as opposed to an over -the -phone or Internet based company, our representatives are very knowledgeable in all the product lines we sell. We also have a team of Specialists whose sole duty would be to educate the member on specific product lines like Rescue & Extraction, Air and Gas Detection, and PPE. The information they provide is not necessarily specific to the brands that we would sell on the contract but can be used with a variety of brands and products. These specialists travel with the field sales representatives to provide technical Information on the aforementioned product lines to better help a member understand f. Indicate how you will ensure your sales staff does not sell products or services that are not on contract; and We will employ the same control processes that have been successfully used for over 15 years to monitor and control L.N. Curtis & sons sales made on our GSA contract. GSA is very serious about a GSA contractor selling products to customers under the GSA "banner" that are not on the contract. Our control processes have passed numerous performance audits performed by the GSA to ensure optimal compliance. Furthermore, our sales staff will be knowledgeable when it comes to promoting specific products and services on any resulting contract with Mohave. They will first check the contract to ensure a product is on the contract before offering it as an option to a Mohave member, g. Are there any limitations to the types of members that you will provide services to? If J so, indicate what those limitations are. There are no limitations to the types of members we will provide services to. 2. Mohave is established to offer a cooperative purchasing program, which can be accomplished more effidently and economically as a multi -entity operation. Efficiency and economy can be established through reduced bidding effort for members and vendors, management of a single contract, fewer price schedules to maintain, fewer contact persons, and using Mohave as an extension of members' purchasing departments. Additionally, it is Mohave's assertion that a statewide contract available to approximately 450 public agencies results in economies of scale and lower prices than those received by bidding individual contracts, especially, but not limited to small member agencies. Will a contract based upon your proposal result in the efficiencies and economies described above? Yes X No If no, what efficiencies and economies would members receive from a contract based on your proposal? Primary Vendor Information — Method of Approach „ (Place after Tab 2a) ...- 3. Describe if and how you would use local subcontractors to accomplish the work. What is the maximum amount of work you would subcontract to complete a job? We would not use any subcontractors to accomplish any of the work as offered In our proposal Note: See Ilest and Final Offer For further cletalls 11. Primary Vendor Information — Method of Approach (Place after Tab 2a) 4. Indicate If your bid is regional or statewide: Regional Statewide X_ If you are providing a regional or county specific offer, that offer shall cover all members within that region or county. Using the chart below, please indicate the following: a. In the past three years, what percent of your Arizona business do you estimate was in each geographical area identified below? b. Indicate which area(s) of the state that you will provide services under an awarded contract. c. If you are awarded a contract with Mohave, which area(s) of the state will your sales force target? counties Apache of Business 1% Provide Services In Yes Force. - Yes Cochise 1% Yes Yes Coconino 10% Yes Yes Gila 3% Yes Yes Graham 1% Yes Yes Greenlee 1% Yes Yes La Paz 1% Yes Yes Maricopa 40% Yes Yes Mohave 10% Yes Yes Navajo 1% Yes Yes Pima 13% Yes Yes Pinal 5% Yes Yes Yes Santa Cruz 1% Yes Yavapai 10% Yes Yes Yuma 2% Yes Yes L. .CURTIS & SONS I-OOLS FOR HEROES`, .Jjkj ,- Qualifications and Experiences The following information addresses specific items requested pertaining to the Primary Vendor Information — Qualifications and Experience, numbers 1, 2, 4, 5, and 6. L.N. Curtis & sons' offer to Mohave includes a robust catalog of the most popular items used by the firefighter during firefighting and rescue operations. The proposed LNCS product catalog includes. • Structural & proximity turnouts • Structural & proximity boots Structural & proximity helmets • Firefighting gloves • Fire resistant hoods • Self -Contained Breathing Apparatus (SCBA) • SCBA Recharging Stations • Hydraulic rescue equipment • Firefighter attack tools and related equipment • Firefighter rescue equipment Firefighting hose Firefighting hose nozzles, and miscellaneous hose accessories Firefighter and Department Apparel, Badges, and accessories • Wildland Firefighting PPE • Wildland Firefighting equipment, hand tools, accessories, and hardware • Extinguishers and extinguishing foaming agents and hardware • Hazardous Materials PPE and Safety Equipment • Firefighting educational & training literature Firefighting PPE repair, maintenance & after -market alteration service Firefighting Technical Services (training, maintenance and repair by LNCS Service Technicians) L.N. Curtis & sons has assembled a tealn from our stable of world-class manufacturers to form a robust product catalog of best -in -class products that are required to support firefighting, rescue, and hazardous materials operations. Established in 1929. L.N. Curtis & sons, Incorporated (LNCS) has over eighty-seven years of successful business focus.supportingthe fire, rescue, & emergency response industry. LNCS provides our customers with exceptional products, customer service, and product support covering an extremely broad-based product catalog representing the very best -in -class equipment manufacturers. LNCS supports various commercial customers; and, state. municipal. and local ,agencies in the thirteen Western states; and, to agencies of the U.S. Government, worldwide. I,NC'S Operations Centers- each with sales, warehousing. distribution and maintenance and repair services. are located in Seattle. WA. Salt Lake City. UT. Oakland, CA, Los Angeles, CA. and Phoenix, AZ. LNCS is fully- qualified to provide consistently superior service to Mohave and any potential participating agencies. ]n addition to our many large contracts from other city and state apeneies, LNCS is performing Oil two current programs that have honed our capabilities to manage and serve major accounts with a complex array of product & service offerings. 4647 South 33rd Street ♦t'hoenix *Arizona 85040 877,4533911 (toll free) ♦602.453.3911 (local) •602.453.3910 (facsimile) www,I.NCurtis.coni a LNCS has a contract with the General Services Administration (contract GS -07F -0043L). LNCS is currently providing nearly ten -million dollars of fire and emergency products while servicing over a thousand customers a year who purchase from our GSA product catalog. The General Services Administration rated our overall performance to be "exceptional" during a recent bi-annual contract performance audit. r� i,DIFERSE WGISTICS AGI f 3ilill'� titrEtrsE st1P►tY {tfFtFR�P111LAM PfttA Additionally, LNCS is a Prime Contractor to the Defense Logistics Agency under the provisions of two contracts supporting the United States Defense Department's Fire and Emergency Prime Vendor Program (contracts SPM-8EG-08-D0009 and SPM-8EG-08-D0013), As a DoD Prime Contractor, LNCS provides a wide array of law enforcement, security, fire, rescue, clothing, and emergency/disaster response products and services to facilities located around the world. We are achieving, superior results in each of these major contract activities (reference: DoD Contractor Performance Appraisal Report, dated January 2011). Our Corporate Motto: "TO BE THE BEST!" L. N. Curtis & sons is honored in our capacity as a current distributor of firefighting equipment, products, and services to Arizona's Fire Fighters and other First Responders. Should we be awarded a contract by Mohave Educational Services Cooperative, Inc., we are committed to exceeding program expectations. L.N. Curtis & sons does not sell any products that do not meet applicable industry standards, These standards include: • NFPA 1981, Standard on Open -Circuit Self -Contained Breathing Apparatus for Emergency Services, 2013 Edition • NFPA 1982, Standard on Personal Alert Safety Systems (PASS). 2013 Edition NFPA 1952, Standard for the Care, Use, Inspection. Service `testing, and Replacement of Fire: Hose, Couplings, Nozzles, and Fire Hose Appliances • NFPA 1971, Standard on Protective Ensembles For Structural Fire Fighting and Proximity Fire Fighting, 2013 Edition • NFPA 1977, Standard on Protective Clothing anis Equipment for Wildland Fire Fighting • NFPA 1991, Standard on Vapor -Protective Ensembles for Ilazardous Materials Emergencies NFPA 1150' Standard on Foam Chemicals for Fire in Class A Fuck • NFPA 11, Standard for Low-, ?vledium-, and I ligh-Expansion Foam L.N. Curtis and sons does not qualify as a minority owned business. The following documents are letters oi'reference from three Arizona Public agencies: Tooh for Herne flnoe 19T9 August 23, 2018 GOLDER RANCH FIRE DISTRICT To Whom It May Concern, Fire *Rescue ♦ Medical 3885 E. Golder Ranch Drive Tucson Arizona 85739 (520) 825-9001 / FAX (520) 825-8043 Chief Randy Karrer The Golder Ranch Fire District has had a sales and service relationship with LN Curtis & Sons as long as I have been In this position, since 2001. We have received nothing but responsive service and fast delivery on firefighting related equipment over the years. Their staff is consistent, knowledgeable and helpful whether its a question about an invoice from accounts payable, inquires to inside sales and support from outside service and sales representation. Any further questions may be directed to me at 520-825-5930 or via email at asmith C grfdaz . gov Thank you. Andy Smith Supply Officer Golder Ranch Fire District August 23,2016 To whom it may concern„ City of Peoria Fire -Medical Department 6401 West Monroe Street, Peoria, Arizona 85345 Phone: 623-773-7279 Fax: 623-773-7295 In the over thirty years of being in the Fire Service, I have had a sales & service relationship with L.N. Curtis & Sons. Whether it be a question on a new product, a service need on a Hi Pressure Breathing compressor or SCBA, lighting product, P.P.E., Cleaning of PRE, or multiple allied equipment needs, L.N. Curtis has either had the answer or found the answer I needed. Top of the line products are represented by a knowledgeable sales staff Over the years there has been a few issues with billing or a lost invoice . A simple call to my local Curtis office is usually all it took to remedy. Any questions, please feel free to either call, 623-773-7904 or email @ williani.bierke _-peoriaa_z.gou `., Thank you Bill Bjerke Physical Resources Supervisor City of Peoria AZ Fire -Medical Department SERVING WITH.' STRENGTH - HONOR - COrIPASSION 1 GILBERT .1 — ". !, d August 24t' 2016 To whom it may concern, Please treat this as a recommendation letter for L.N. Curtis & Sons. As Resource Manager of the Town of Gilbert Fire & Rescue Department, I understand and rely on dependable vendors. Reliability, trustworthiness, quality of their product, time of service, personalized customer service, competitive pricing and reachability are only some of the categories that L.N. Curtis & Sons excel in. The company`s sales representative Gary Norton is extremely knowledgeable, available and always seems to have our organization as his best interest. The Town of Gilbert Fire & Rescue Department has been working with them for over 15 years and there has not been a day when we had to complain about his professionalism. Roth Gary and L.N. Curtis value time and will go out of their way to ensure timely delivery of the items ordered. I am extremely satisfied with the way they conduct their business and hope that you have the same pleasant experience with them. Thank You Fernando Quintero Resource Manager Gilbert Fire and Rescue 1. Place after Tab 2b: Provide at least three (3) and no more than five (5) fire turnout or SCBA orders that have had problems. Describe the problem, and identify how the problem was solved (what steps were taken to satisfy the customer). Provide the name of the public agency, type of project, year of the project, contract amount, contact name and telephone number. Do not include problems caused by another firm that your firm fixed. • 7hls infonnation Is used only to evaluate your resolution to an issue(s), not to identify rrroblemadc vendors Camp Humphries Approx. I 2015 Deputy Chief 1011-823-1619- t 120.000 Dean Turner 9982 Defense Logistics Agency posted a bid for Fire Fighting gear for Camp Humphries Army Base in Korea. The bid request included a number of PPE items including 64 Globe GXTREME coats and 65 Globe GXTREME pants. DLA RFQ 20150406131640. L.N. Curtis & Sons submitted our offer to DLA. L.N. Curtis & sons received notice of award number 20150521138000 and awaited the final DLA approvals to enter the order. L.N. Curtis & sons entered the orders with all suppliers included Globe brand products. Camp Humphries Informed L.N. Curtis & sons that the Globe GXTREME coats and pants were received at their location in Korea but the outer shell material was the color black in lieu of the required Yellow color. LN Curtis & sons agreed to provide the customer with the correct color outer shells which required our company to absorb the costing of the replacement outer shells at a cost of $37,564 plus shipping. Our offer included on-site labor to separate existing liners and outer shells and reinstall correct outer shells on to existing liners. Note; Our supplier would not allow the return of the incorrect outer shells due to a custom specification, and the financial burden was part of L.N. Curtis & sons commitment to customer satisfaction. The customer initially accepted our offer and LN Curtis & sons went ahead and purchased new outer shells. Prior to new outer shells being shipped to customer in Korea, the customer decided they wanted to keep their existing gear as it was decided that they best suited the Department as a change in color was imminent, LN Curtis & sons then ordered new liners for the new outer shells that were ordered and placed gear in its loaner/rental gear program. Customer was pleased with solution provided by LN Curtis & sons and continue to purchase additional eouioment as a result. [W16a Fre Department Approx. William Bjerke 623-773-7904 $210.000 Peoria Fire Department began the process to purchase a second set of turnout coats and pants for all of their firefighting personnel. The customer requested an option for a collapsible pant pocket divider. The manufactures solution was to use Velcro In order to accomplish this. Peoria Fire Department placed an initial order for these turnouts with the pocket divider option. The customer did not like use of Velcro and requested snaps on future orders, The manufacture was unable to fully comply with this request however it was a required option in the customer's eyes, L.N. Curtis &sons representatives began to look into other avenues in order to fulfill the customers need. The owners of L.N. Curtis & sons also own a company called ECMS. This company provides custom alterations to firefighter turnouts. Through ECMS we were able to order the garments from the manufacture and alter the pants to have a collapsible pant pocket divider using snaps, The customer is happy with the solution and has since ordered the remainin second set of turnouts for their firefighter personnel. 3 North County Fire & `1 Approx. 2016 Captain Chris 623-544-5402 Mledlcal District X50,000 Captain North County Fire & Medical District placed an order with L.N. Curtis & sons for firefighter coats and pants. L.N. Curtis & sons subsequently placed our order with the manufacture. About a month after the order was placed, the customer informed their L.N. Curtis & sons representative that they need to have the csrdL�r delivered within one week for scheduled live fire burn trainincr. The items ordered are Toots for heroes since 191z9 i custom and had an estimated delivery date for approximately 25 days after the required delivery date, L.N, Curtis & sons representatives p began to find another solution for the customer. L.N. Curtis &sons has a vast inventory of firefighting turnout coats and pants that are in used, safe condition, In order to satisfy the customer's needs, we provided comparable sizes that the customer could utilize for their training. After their training concluded, the turnout coats and pants were returned to L.N, Curtis & sons. This was an acceptable solution for the customer. They soon after received their order of turnouts and have placed additional orders for a second set of turnouts for their fireflghtinq personnel. 4 5 Tools for Heroes since 1429 0 April 28, 2016 Mr. Angus Donaldson Draeger Safety UK Ltd. Ullswater Close Blyth Riverside Business Park Blyth, Northumberland NE24 4RG United Kingdom Dear Mr. Donaldson: Certification Letter SEI Reference No.: SBA DRA 07 We are pleased to confirm that the SCBA indicated below is certified by the Safety Equipment Institute, effective April 28, 2016. Initial certification testing was successfully completed in accordance with the requirements of NFPA 1981, Standard on Open -Circuit Self -Contained Breathing Apparatus (SCBA) for Emergency Services, 2013 Edition. NIOSH/SEI Assembly Passed SEI Reference No. Brand Name/Model No. Matrix No./Revision Testing PSS5000 SCBA (+) 30 min. 2216 psig 30 min. 4500 psig SBA DRA 07 with 45 min. 4500 psig ND200156.7000.5000 April 20; associated variants 60 min. 4500 psig 2013.CBRN.AMc, Rev. C. 2016 and accessories Dated April 20. 2016 PSS7000 SCBA (+) p 30 min. 2216 psig 30 min. 4500 psig 45 min. 4500 psig 60 min. 4500 psig (+) — Includes compliance with optional Emergency Breathing Safety System requirements, when equipped � Safety Institute Blvd Suit , f 1307 volley Madison Blvd Suite 3A McLean, Virginia 22101 Tel: 7031442.5732 FAX; 7031442-5756 .�a www SElnel org Mr. Angus Donaldson April 28, 2016 Page 2 of 2 The final version of the PSS5000/PSS7000 SCBA was submitted for NFPA 1981-2013 certification with your submittal package of November 12, 2015, Testing for the submittal, which covers configurations as noted in the above NIOSH/SEI Assembly Matrix, was authorized on January 10, 2016. Notification of NIOS14 42 CFR 84 approval has been received from NIOSH and is on file. Additionally, SEI has received confirmation (see attached) from NIOSH that configurations as shown on NIOSH CBRN Approval Numbers TC-13F-0827CBRN, TC-13F-0828CBRN, TC- 13F-0829CBRN, TC-13F-0830CBRN, TC-13F-0831CBR.N, TC-13F-0832CBRN, TC-13F- 0833CBRN and TC-13F-0834CBRN have successfully completed NIOSH CBRN testing. The SEI Certification Mark may be used in the marketing, packaging and promotion of the model detailed above, in accordance with the provisions of the SEI Certification Ptwgrarn Manual. Per the SEI Certification Program Manual, SEI shall certify the manufacturer's product model(s) and grant the right to use the SEI certification mark when 1) the Testing Laboratory has determined that the product model submitted and tested successfully meets the appropriate product standard, 2) the Quality Assurance Auditor has determined that the manufacturer complies with SEI quality assurance requirements through an on-site audit, including a review of the quality manual and procedures, 3) the manufacturer has paid all fees, and 4) product liability insurance requirements are met. �. Following initial certification, all product models are tested. at least annually, and are selected by the SEI auditor during the annual quality assurance audit. SEI's certification program is accredited as a System Type 5 per ISO/IEC 17067:2013(E), Thank you for your participation in the SEI Certification Program. If you have any questions, please contact the SEI Office. Sincerely, Ste, ,e Stephen R. Sanders William A. Fithian Technical Director Technical Director cc: Mr. Bob Sell, Draeger Safety Mr, David Chirdon, NIOSIf-NPPTL Mr. Paul Clarke, SEI Auditor Mr. Jules Pinto, SEI Auditor CERTIFICATE OF COMPLIANCE Certificate Number Report. Reference Issue Date 012616-M H 14717 M H 14717-20121213 2016 -January -26 Issued to: Globe Mfg Co. LLC 37 Loudon Rd. Pittsfield, NH 03263 USA This is to certify that Protective Garments for Structural Fire Fighting representative samples of See Page 2 for information Have been investigated by UL in accordance with the Standard(s) indicated on this Certificate. Standard(s)for Safety: NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, 2013 Edition Additional Information: See the UL Online Certifications Directory at www.ul.com/database for additional information Only those products bearing the UL Classification Mark should be considered as being covered by UL's Classification and Follow -Up Service, The UL Classification Mark includes: UL in a circle: with the word "CLASSIFIED" (as shown); a control number (may be alphanumeric) assigned by UL; a statement to indicate the extent of UL's evaluation of the product; and the product category name (product identity) as indicated in the appropriate UL Directory. Look for the UL Classification Mark on the product. VA11— R Gorey, 001 ,, NoOh American CMMbafbn Pnsgrams UL LLC Any In1amb -1 Aoelmentaflon MVO ftq UL Muf, aerwcrF an pmvidaA on Dehaff of UL LLC (UL) aufA­Ilraneee of UL Far goes ., pir c 1-1 a b 1 UL Cuafo , 3— RePfea« 46- at �w-+_i4S:s-_a•4.'. wt+SK1 Page 102 CERTIFICATE OF COMPLIANCE Certlftcate Number Report Reference Issue Date 012616-M H 14717 M H 14717-20121213 2016 -January -26 This is to certify that representative samples of the product as specified on this certificate were tested according to the current UL requirements, Garment Model/Style Front Closure S tem — UL ID T e ID Description CLASSIX, 5C 3 or 4 Hooks & Dees Outside/Hook & Loop Tape, 14717010701 GX-7, 1 Snap Fastener Inside G-XTREME, 6C 3 or 4 Hooks & Dees Outside/Zipper Inside 14717010702 Coat G-XTREME 3.0, G-XCEL or RSX, 7C Hook & Loop Tape Outside/ 14717010703 REAXTION, 3 or4 Hooks & Dees Inside 8C Hook. & Loop Tape Outside/Zi er Inside p2—__ 14717010704 RS -1, 17C 3 or 4 Hooks & Dees Outside/4 Snap Fasteners 14717010705 Aegis _ CLASS X, Inside GX-7, Lo -Rise, LH Pant, Hook & Dee Outside/Hook & Loop Tape, Snap IH Ready, N/A Fastener Inside 14717010706 Trousers G-XCEL or RSX, (see notes in table below) REAXTION, RS -1, Aegis G-XTREME, Permanent Belt containing Buckle or Hook & Dee G-XTREME 3.0 N/A Outside/Hook & Loop Tape, Snap Fastener Inside 14717010707 see notes in table below Notes for Trouser Closures: • Inside zipper can be added, multiple orientations • Inside snap fasteners can be added, multiple orientations • Outside hook & dee can be added • Outside Belt containing buckle or hook & dee can be added, which includes seat harnesses or escape belt • Inside hook & loop tape can be replaced with zipper • Inside hook & loop tape can be replaced with snap fasteners • Outside hook & dee can be replaced with belt containing buckle or hook & dee Trademark and/or Tradename: "Globe Firefighter Suits", "Cairns Protective Clothing" r VANiam R. Camey, Di—tor, N-th American CeAtlk.KJ- Pr q— UL LLC -- Any rnlomutfon and A«um.nbtlor, i,voNkip UL M-rA services an prori0ed m b -hall of UL LL[ JUL)., ony -utnon:ed IMwnsea of UL. For questions. please coM-Na/neat UL Customer Servke Repneentb-al-b+r... ,..._,..--I,• Page 2 of 2 8 Lr+ INSPEC This is to certifti that Globe Manufacturirrsr Company, LLC 3T Loudon Road, Pittsfield New Hampshire 03243 USA having been satisfaclorily assessed and undertaken to comply with lrVSPEC requirements, is entitled to claim that the activities defined in Ilse associated chedules are performed within a management spstern that complies witls ISO 9001.2008 Claim may also be made that Globe Manu,facturirr; Company, is ars INSPEC Certified Conspany for the defined activities that are performed at the specified address. For and on behalf of INSPEC International Ltd. Julie C. Jones A-faninger, Cerrifieation Services Date: S" May 2016 Certification remains valid until 16'" .11ur 2019, providing compliance with INSPEC's surveillance and assessment programme is maintained. CertrJrcate .Number: QS0112 P4% .0 0 Lin Cti L S KA �+ vt ySE#a1� 627 Original (late of issue: 16#x' :1 aY 2013 k ,I- l rmx whi I (IthiOf 10)I'S 0 1 ')ftc% iL'L' P. JV,' ' INS PI ( :al:+n:uuvlal =td 56 l c.hc ) i+,IIgh V. a, "aII, rd 1w,Iall d he i,�t :'f the 1arc�uafn r. filar{ ro �;,rlr> ac�r:d3l.ur-an in Ii,#X1'< Inr,-'--feJ h, the ac,redi;mi:ai ( hh I f 1t.aw f l�'rl 1 1 INSPEC Terms and Conditions Conditions attached to the issue of this certificate: i) The Certified Company shall comply at all times with INSPECs Regulations governing Quality Management System Certification. ii) This Certificate remains the property of INSPEC and may be withdrawn if any of the conditions attached to its issue are not complied with. iii) This certificate may be copied or reproduced by the certificate holder, complete and without omissions or additions, and in accordance with INSPECs terms of business. iv) This certificate has been provided in accordance with our standard Terms of Business, which can be viewed at, and printed from: Lin pgK:mternatlonal.cgmjoB.pdf If you have difficulty accessing the Terms of Business, you may contact us for a copy. Coo iii,�tic OY)1i., SCHEDULE Scope The design of fire fighter suits, emergency response suits, related footwear and related equipment. The manufacture and supply of fire fighter suits, emergency response suits and related equipment. After sales servicing of fire fighter suits and emergency response suits, The production facilities below are also covered by this certificate and are subject to the associated terms and conditions: Globe Manufacturing Company OK, LLC 2000 8 Street, Ada, Oklahoma 74820, USA S`t'Y'tl?i%Itz iltiil', I'.� � i i4;+=e�,�en P>ii'ft` INSPEC INDEX I Item Status Issued Amendment Pages I to 4 Withdrawn 130516 Initial issue Pages 1 to 4 Valid 160505 Re-issued following reassessment. i 'r f i i l � Cer€1hic,1C iiSi;!'.. 1'• 1.,� R4`.a.zin Et,g411� DEPAItYMENTCF HEALTH & HUMAN SERVICES • NIOS1i Reference: TN -20126 and TN -20127 Mfr. Reference: NOR151324CBRNA and N0R151324CBRNB Ms. F.dna DeMedeiros Regulatory Compliance &'Test Manager l Iotleywell International Inc. 2000 Plainfield Pike Cranston, Rhode Island 02921, Dear Ms, DeMedeiros: Centers for Disease Control and Prevention (CDC) National Institute for Occupational Safety and Health (NIOSH) National Personal Protective Technology Laboratory (NPPTL) 626 Cochrans Mill Road Pittsburgh, PA 15236-0070 Phone: 412-386-AOW Fax: 412-386-4051 February 5, 2016 The National Institute for Occupational Safety and I lealth (NIO.SII) has reviewed your request dated February 25, 2015 accepted on Match 12, 2015, seeking six llew Open-Cilcuit, PrCSSure- Demand. Full-), and Escape, CBRN, Self -Contained Breathing Apparatus (SOBA) approvals incorporating. Chemical, Biological, Radiological,, and Nuclear (C'BRN) protection Cor model Titan SC"BA configurations which are defined on assembly matrix N9660C'BRNAMa_xlsx, revision Rev A, dated 8 December 2015. N-11 As prerequisite, these respirators have met the NIOS14 requirements ol'Tille 42_ (;ocle olf P'Vtietevi Regula iomv, Part 84 (42 CFR 84) under TN -20099 and 'I -N-20100 filr approval numbers T('- I31-' - 0805,'I'C-1-3F-0806, TC -13V-0807. TC-I3F-0808, TC' -13F-0809, and TC -13F-0810 as listed on assembly matrix N9660AMa.xlsx, revision A, dated 8 December 201 S. 'This request is granted. The approval numbers shown in the Ioilowing table have been assigned for the six nein respirator configurations defined on assembly matrix N0660C'BRNAMa.xlsx, revision Rev A, dated 8 December 2015: ,Approval Nutnber TC - as shown I'C-I 1F-0805CBRN 1'('-1 3I=-0806CBRN I'C:`- I3F-0807C'BRN a -1 3F-0808(-BRN J'-1 3F-0809C'BRN I C-131-0810CI3RN Model Number Description "titan _ 30 MIN ?216 PSI( "T'it'an 30 TIN 2'216 PS] (i Titan 30 MIN 2216 PSIG Titan 30 MIN 4500 PS16 Titan 45 MIN 4500 PSI(; l'it.ul 00 MIN 4500 PSICi Ptutectioll - Codesarc delined oll the aplwos ell labels. Proteclion' SC"! D/CI3RNi1::STI-33 S(VPDWI1RNil"OS I1 33 S('/PI)WBRN/1-JKI1-s SC�:`I'UiC111ZN%I;OS"17-33 SU/VDVBkN1TJ)S I I �3 \Illlrll�a1s at'� �orlullod only fOrdocullictltatitnl m,fUlt In the I'm -dish loin"wia-e. It i� die illatllllaetLit ct S wSpollsihilt11 to cool-C'Ctll' tlallslale Im wrlal<ilA.'Sired ill 111iwil I•.t1t�11�h. Page 2 - Ms. I,'dna DeMedeiros 7Tf-20126 and TN -20127 The configurations identified under TC.-13F-0805CBRN, TC-13F-0806CBRN, TC-13F- 0807CBRN, TC-13F-0808CBRN, TC-13f-0809CBRN, and TC-13F-0810CBRN have met the NILS -1 requirements for CBRN protection under the provisions of "Title 42, Code, gf'l eekrul Regulations, Part 84 (42 CFR 84), and the NIOSH Tetter to All Respirator Manufacturers, dated December 28, 2001. Additionally, the Titan configurations have been evaluated by the Safety Equipment Institute (SEI) as a configuration meeting the requirements of NFPA 1481, ,Stalid rrrl Ulf 0perr-C:irettil Self -Contained Brewhing Apparitfus for Emergency Senices, 201:3 Edition, (see attached letter). The final approval label is included as an altac luricnt to this letter. The cautions and limitations which apply to these approvals are on the approval label. Only those assemblies affected by this request, or where, new approval numbers are assigned, apply to this approval action. Production approval labels cannot include information on unapproved configurations. 'rhe approved assemblies consist of the parts as listed on the approval label and the assembly matrix. Parts are to be marked with the numbers indicated on the approval label in a legible and permanent manner ( marking cannot be removed without evidence of its previous presence). This certificate ol'approval .is not an endorsement of the respirators by NIOSII, and such endorsement shall not be stated or implied in advertisements or other publicity, However, you may publicize the fact that these respirators have met the requirements ofTitle 42, Cotk of Federal Regululio"s, Fart 84 (42 CFR 84). No additional changes may be made to any respirators and accompanying documentation without prier written approval ofN10SH. Requests for changes must be submitted to N10SI1 and a modification of this approval must be granted before any changes are made_ Sincerely Sours, David Chirdon Chief. C'onlbroiity VerillcaLion and Standards Development Branch National Personal Protective 1`echnology LaboratorN 1."nclosures CC: Greg VTiblik, I lonev4vell International This is to certify that Honeywell Safety Products USA 3001 S Susan Street Santa Ana CA 92704 USA having been satisfactorily assessed and undertaken to comply with INSPEC requirements, is entitled to claim that the activities defined in the associated schedules are performed within a management system that complies with ISO 9001:2008 Claim may also be made that Honeywell Respiratory Protection USA, LLC is an INSPEC Certified Company for the defined activities that are performed at the specified address. For and on behalf of INSPEC International Ltd. �4 ... ............. Kevin J Warren Manager, Certification Services Date: 9'* December 2014 Certification remains valid until 19"' October 2017, providing compliance with INSPEC's surveillance and assessment programme is maintained. Certificate Number: QS0043 �Nea� Ic T uKAS �rfr��$ Original date of issue: 191h October 2005 For terms and conditions of issue. see page 1 INSPEC Inlernalional hd $6 LtUle Hough Way Salford. 0 Mo-,Ocsltr \16 6AJ, England The use ofthe Accreditation Mark indicolrs accrediulron in rc pt,I of chose W1% lks cw-crcd by Ute accredualtan catiflca c number 02" Certificate:QS0043 Page I of4 Revision: 141209 M Terms and Conditions Conditions attached to the issue of this certificate: i) The Certified Company shag comply at all times with INSPEC's Regulations governing Quality Management System Certification. 0) This Certificate remains the property of INSPEC and may be withdrawn If any of the conditions attached to Its issue are not compiled with. Iii) This certificate may be copied or reproduced by the certificate holder, complete and without omissions or additions, and In accordance with INSPErks terms of business. Iv) This certifl ate has been provided in accordance with our standard Terms of Business, which can be viewed at, and printed from; ti - ffinsye0ntemOtI2pL1&omjTQ B.},df If you have difficulty accessing the Terms of Business, you may contact us for a copy. Cer ificale: Q$0043 Page 2 of 4 Revision: 141209 SCHEDULE Scope: The design, manufacture, sales and distribution of self-ontained breathing apparatus. The design, manufacture and supply to Internal sales of negative pressure respiratory protective devices. The production Willy at: - Sperlan Hearing Protection de Mexico 5.A de CN. Blvd. Insurgentes No. 20551-A Parque Industrial Florldo C.P, 22244 Mexico is also covered by this certification for negative pressure respiratory protective devices. Compliance with Article 118 of the Directive relating to Personal Protective Equipment, 89/686/EEC, for negative pressure respiratory protective devices covered by the following standards: EN136/EN140/EN141/EN149/EN405/EN14387 Certificate: QS0043 Page 3 of Revision: 141209 INDEX Item Status issued Amendment Certif>cate QSOG43 Withdrawn 19/10/05 Initial Issue Schedule ONE Withdrawn 19/10/05 initial Issue Pages 1- 3 Withdrawn 25/02/08 Company name change Pages 1— 3 withdrawn 12/10/08 Re -issued following re -assessment Pages 1— 3 Withdrawn 100921 Reissued to reference IS09001:2008 Pages 1— 4 Withdrawn 111010 Re -issued following re -assessment & addition of Terms of Business. Pages 1- 4 Valid 141209 Re -issued fallowing re -assessment & change of name to Honeywell Certiricate. QS0043 Page 4 of 4 Revision: 141209 February 5. 2016 Ms. Edna DeMedeiros Honeywell International Inc. 2000 Plainfield Pike Cranston, RI 02921 Certification Letter SEI Reference No.: SBA SRV 071Variant 7710 Dear Ms, DeMedeiros: We are pleased to confirm that the integrated nonremovable PASS device indicated below is certified by the Safety Equipment Institute, effective February 5, 2016. Certification was successfully completed in accordance with the requirements of NEPA 1981, Standard all Open - Circuit Self -Contained Breathing Apparalus fir Emergency Services, 2013 Edition and NEPA 1982, Standard on Personal Alert Safety Systems (PASS), 2013 Edition. Brand Name Model No. Description 930174 Integrated Nonremovable PASS Device, 2216 psig, with PATHFINDER Titan PASS Device 930175 Integrated Nonremovable PASS Device, 4500 psig, integrated with Titan with PATHFINDER 930176 Integrated Nonremovable PASS Device. 2216 prig, SOBA without PATHFINDER 1130177 Integrated Nonremovable PASS Device, 4500 prig, without PATHFINDER The Than PASS Device consists of an interconnected Integrated PASS (front & back) and Ratter- Pack The "Titan PASS device in(egrated with Titan SCBA was submitter] for certification to both NFPA 1981-2013 and NEPA 1982-2013 with your submittal package of February 20, 2015, Testing and evaluation for the submittal, was authorized on March 12. 2015 and complete(] on January 29. 2016. Safety Equipment 4ulitule 1307 nrIICy Madison 6AJ Suite JA Mr_L can, Yu guiia 22101 'et 713,"2-5732 r,A.X 703:442-5756 F, a+ w 5F met org 1%.." Nls. Edna Dei4ludeiros Vchruary 5.2046 Page 2 of 2 The SEI Certification Mark may be used in the marketing, packaging and promotion of the model detailed above, in accordance with the provisions of the SEI Certification Program Manual. Per the SEI Certification Program Manual, SEI shall certify the manufacturer's product model(s) and grant the right to use the SEI certification mark when 1) the Testing Laboratory has determined that the product model submitted and tested successfully meets the appropriate product standard, 2) the (duality Assurance Auditor has determined that the manufacturer complies with SEI quality assurance requirements through an on-site audit, including a review of the quality manual and procedures, 3) the manufacturer has paid all fees, and 4) product liability insurance requirements are met. Following initial certification, all product models are tested, at least annually, and are selected by the SEI auditor during the annual quality assurance audit. SEI's certification program is accredited as a System Type 5 per 1SOAEC 17067:2013(E). Thank you for your participation in the SEI Certification Program. If you have any questions, please contact the SEI Office. tiirl�� rcl1. Stephen R. Sanders Technical Director cc: Mr. Greg Vrablik, Honeywell Safety Products Mr. Steve Weinstein, lioneywell Safety Products Mr. David Chirdon, NIOSH-NPPTL Mr. Paul Clarke, SEI Auditor 16/ William A. Fithian Technical Dizvctur 0 February 5, 2016 Ms. Edna DeMedeiros Honeywell International Inc. 2000 Plainfield Pike Cranston, RI 02921 Dear Ms, DeMedeiros: Certification Letter SEI Reference No.: SBA SRV 07 We are pleased to confirm that the SOBA indicated below is certified by the Safety Equipment Institute, effective February 5, 2016. Initial certification testing was successfully completed in accordance with the requirements of NFI)A 1981, Standard on Open -Circuit Self -Contained Breathing Apparatus (SCBA) for Entergenc,y Services, 2013 Edition, SEI Reference No. Brand Name/Model No. NIOSH/SEI Assembly Matrix No./Revision Passed Westing Titan SCBA H SHA SRV 07 with 30 min. 2216 psig N9660CBRNAMa. Rev. A ,last. 29. associated variants 30 min. 4500 psig Dated 8 December 2015 2016 and accessories 45 ntin. 4500 psig 60 min. 4500 psis; ( + ) -- Includes compliance with optional Emergency Breathing Safety System requirements, when equipped. The Titan SCBA was submitted for NEPA 1981-2013 certification with your submittal package of February 20, 2015. Testing for the submittal, which covers configurations as noted in the above NIOSH/SEI Assembly Matrix, was authorized on March 12, 2015. Notification of NIOSI 142 CFR 84 approval has been received from NIOSH and is on file. Additionally, SEI has received confirmation (see attached) from NIOSH that configurations as shown on NIOSH CI3RN Approval Numbers TC-13F-0805CBRN, `I`C-13F-0806CBRN_ TC- 13F-0807CBRN. TC-13F-0808CI3RN. TC-131'-0809CBRN and TC-13F-08100iRN have successfully completed NIOSH C13RN testing. .... Salary Elva! suit insature R 1307 r�ollry MaAison Blvd suite 3A McLean, Virginia 22101 Tel 70];442-,5732 FAX 7031442-5756 •• www SElnel orb Ms. Edna veMedeiros February 5, 2016 Page 2 of 2 The SEI Certification Mark may be used in the marketing, packaging and promotion of the model detailed above, in accordance with the provisions of the SEI (ert�flcalion Program Manual. Per the SEI Certification Program Manual, SEI shall certify the manufacturer's product model(s) and grant the right to use the SEI certification mark when 1) the Testing Laboratory has determined that the product model submitted and tested successfully meets the appropriate product standard, 2) the Quality Assurance Auditor has determined that the manufacturer complies with SEI quality assurance requirements through an on-site audit, including a review of the quality :manual and procedures, 3) the manufacturer has paid all fees, and 4) product liability insurance requirements are met. Following initial certification, all product models are tested, at least annually, and are selected by the SEI auditor during the annual quality assurance audit. SEI's certification program is accredited as a System Type 5 per ISOIlEC 17067;2013(E). Thank you for your participation in the SEI Certification Program. If you have any questions, please contact the SEI Office, Sincerely, Stephen R. Sanders Technical Director cc: Mr. Greg Vrablik, Honeywell Safety Products Mr. Steve Weinstein, .Honeywell Safety Products Mr. David Chirdon, NIOSH-NPPTL Mr, Paul Clarke, SEI Auditor 4�)(e ( �Vllliam A. Filhiun Ihn'lcal Director Record Vault The Hose Record Vault system was developed with the hope that all fire departments would take this opportunity to fully implement fire hose preventative maintenance procedures, with lull documentation as required by NFPA 1962. As a fireperson, you know what it takes to battle fires and our desire is that you lurve the confidence and knowledge that your fire hose is up to the job, • Look Up the Location and Status of a Specific Piece of Hose • Hose Records Stored in One Place, with Database Backup • Easy Web Interface from Any Computer • Hose Service Testing Email Reminders • Barcode Capability Interface for Unique Hose Identifier • Hose Inventory Management to Assist in Meeting ISO Asset Tracking MEMBER NEPA Pressure Rating Definitions Service Test Pressure: Annual hydrostatic test to be conducted by purchaser on all in-service (used) hose to determine suitability for continued use. The service test pressure is to be 10% greater than the "normal highest operating pressure'at which the hose Is expected to be used. Unless otherwise Instructed, this pressure Is stenciled on all hose prior to shipment. ProoUAcceptance Test Pressure: The "one-time" test pressure, performed by the factory, on every new hose prior to shipment. The proof lest pressure shall not be less than 2 limes the specified service test pressure. Burst Pressure: The minimum burst test pressure shall not be less than 3 limes the specified service test pressure. Operating/Working Pressure: Maximum advised ooppeerating/working pressure that should not exceed 90% of the service test pressure (which is stenciled on the hose) or the maximum operating pressure of the attached coupling. Approvals: UL/ ULC / FM / BSt approved hoses must be ordered using appropriatePart numbers. Note that approved hoses may be rated differently than standard hoses. Decade of Service Guarantee 11 you are not completely satisfied with out product during its 10 -year lilespan, you may return it, for any reason no questions asked "We pledge our product will serve beyond Its at of duty " AU -American Hose, LLC warrants that it will replace products sold provided: A Customer shall notify All-American Hose, LLC of dissalislaction or any claims of defects in materials or workmanship within W -years atter receipt of shipment 8 Return of product will be au'lwwd by Ali-Arnerian Hose, LLC and then returned to Ux factory witltin 15 days after said aI ahcwatiar, Woks ortalkri charges to be pre -paid. This wurranty will not extend to products vdrich have been subject 10 misuse, neginct, accident of improper installatkm, misapplication under coMilions not expressly ntado sp"eificaly known Io rmr apprmed by All-American Nose, LLC In advance of shipment or which have been naiad or altered rnitstde our Iw,Iofy AII-Am erican Hose, LLG's Iiabil'Ity shall be limited to replacement or repair of AII-Am erican Hose. LLC's products. WARNING FAILURE OR IUPROPER SELECTION 09 #Vf WfR USE OF THE PRODUCTS AND+OR SYSTEMS DESCRIBED IIEREet OR RE W ED If EMS CAN CVJSE DEATH, PERSONAL iNW P aDA PROPEnTY wtAv, TN -5 dtxumenl and oUwr mfourtabw Irom AN Amm pan tWo, t t C, kS sub5l�ar05 dud a dher roll nE<lnDuias, pmmWS PffiGb-t aaPor system opt bt lu>fher k w3Vabon by users having rochrur u expertise p u nTWianl that you aiialyza 0 aspects of yciv rq&,Won and rev ew tt* WAv,naW CUnConmV rtm tvo k-ul av sysh3rn m the turenf product carabg. Due to bs wdderyol opprata,J LGtFdtn7rl c_ anil.�r'[?EtislAYti bf lLIeSBplolkrcrSVf SyStMnS, f11B use% t11lGI�h +� tAKI afray5(5 and i4'ir+'ly! kS sUb1y resA�'t:�#''AY n�4✓ry IVte lelpt SRr`<Y.rICMi D! Lha tyodtr-t7 NKn sysh'rros and JSsyrYrJ that all vma",sareyand wamrvrra(xx0Jtntsdft40kCdtcnaremet ThePru0LCls0WAMt14Pre4+ ngkxhgti'rhpAbrwlaac.c;zuaAcf kaAmxt scar s desyrs and a[xNt a d prkq, are sutyed to 6 oiw try A# -Amerman t", LLC and its se bAUrfes at any tree wi tx of notice ISO 9001: 2000 Certified Quality Management System AII -APA I BICAP. Ha�uylNa All-American Hose, LLC an All-American Holdings Company 814.438.7616 q�. Preferred Registrar Group, Inc. 30561 Dequindre Rd. MruliYon Heights, A4148071 certifies that X111-Ainerican Hose, LLQ' 217 Titusville Road Onion 034 PA 16438 6424 W. Ridge Road Erie, PA 16506 6420 W. Ridge Road .Brio, PA 16306 has implemented a Quality Management System scope in accordance with: TSO 9001:2008 The scope of this Quality Management System Governs. DE'NIGN, AfAN(IFACT(J", ASSliMPLE AND rE,ST MUNICIPAL FIXE HOSE AND HOSE, ASSEMBLIOS, IND USTAML HOSE AND HOST ASSBWBI,1F.S MILITARYHOSB AND HOSP ASSEeY1BLI S, ANI) SPECIAL PXODIICTSCONSISTING OF HOSE ON HOSE COMPONENT,4. IlitRi7!IIR ' �' Certificate Registration Number: I I-111045 C ertilicd Date: (W28/21114 -r- It is Valid 1111til. 04/2131201.7 Donis Near, Presidem In accordance with TUV NORD CERT procedures, it is hereby certified that Draeger, Inc. 3135 Quarry Road Telford, PA 18969 U.S.A. applies a management system in line with the above standard for the following scope Sales and service of products, systems and services for • medical devices for anesthesia, patient ventilation and inhalation, pediatrics, patient monitoring including software. • gas detection, personal protection, diving technology, and system technology solutions Certificate Registration No. 44 104 150221-070 Audit Report No. 3517 1342 rtafir �Oiun o od1� of tt_lti NtORD CERT f;mtli Valid from 2016-05-01 Valid until 2018-09-14 j-! l 2 98.1i•(1! es <." o': UIV.." i0ISS; IBAO :rG?S; Initial certification 2015-12-02 Essen, 2016-0.5-30 This certrficalion was conducted in accordance with the TUV NORD CERT auditing and certification procedures and is subject to regular surveillance audits. This certificate is valid in conjunction with the main certificale, TUV NORD CERT GmbH Langemarckstrafie 20 45141 Essen vnvw,tuev•nord-cert com DAkkS Deuntne Akkredi,ilrungs%Ni4 DIM-I2CV7.Ot-0; CERTIFICATE Management system as per OHSAS 18001 :2007 In accordance with TUV NORD CERT procedures, it is hereby certified that Draeger, Inc. 3135 Quarry Road Telford, PA 18969 U.S.A. applies a management system in line with the above standard for the following scope Sales and service of products, systems and services for • medical devices for anesthesia, patient ventilation and inhalation, pediatrics, patient monitoring including software • gas detection, personal protection, diving technology, and system technology solutions Certificate Registration No, 44 116 150221-070 Audit Report No, 3517 1343 Certlli[alir7n UU� at TUV NORD CERT GmbH Valid from 2016-05-01 Valid until 2018-12-01 Initial certification 2015-12-02 Essen, 2016-05.30 This certification was conducted in accordance with the TUV NORD CERT auditing and certification procedures and is subiecl to regular surveillance audits This cer'ificate is valid in conjunction with the main certificate TUV NORD CERT GmbH Langemarckstrafie 20 45141 Essen www,tuev-nord-cert com DAkkS oeU1w: AkkredWungssteiie 0 7M 17007 01 01 NORTH AMERICAN FIRE HOSE CORPORATION The difference is. -your margin of safely. August 22, 2016 RE: State of Arizona To Whom It May Concern: This letter is verification that L.N. Curtis & Sons is an authorized North American Fire Hose Corporation municipal fire hose product distributor for the State of Arizona. As such, L,N, Curtis & Sons employees have undergone our training program, giving them a working understanding of the features, benefits and suitability of our products in specific applications. Also, their training includes important information on the care, use and maintenance of our products to insure that the maximum service life is obtained by the end user. All municipal fire hose supplied shall meet or exceed the requirements of NEPA 1961, "Standard on Fire Hose" (Latest Edition), for attack hose. We would like to thank you for your continued interest in our products. Please contact me should you have any further questions. Sincerely, Linda Nash Customer Service Manager North American Fire Hose Corp Phone: (805) 922-7076 Fax: (805) 922-0086 E -Mail: Inash(a)nafhc corn Street Address: 910 E. Noble Way Santa Maria, CA 93454 ' (805) 922-7076 ' Fax (805) 922-0096 'www.nafhc.com F Pricing Information — Pricing Methodology, Volume Discounts, Quick Pay Discount and Pcards (Place after Tab 3b) Pricing Methodology Description X Our pricing methodology is percent of discount off manufacturer's price list or catalog. ❑ Our pricing methodology is fixed pricing. ❑ Our pricing methodology is a combination of percent of discount off manufacturer's price list or catalog and fixed pricing. Provide a description as to how your pricing will be managed under an awarded contract. If you are using fixed pricing, outline any contingencies for economic adjustments. Mohave shall make the sole determination whether contingencies for economic price adjustments identified in your proposal are appropriate under an awarded contract. (See Basis for Pricing in the Special Terms and Conditions.) L.N. Curtis & sons will publish a Mohave Price first for every brand included in our offer. This price list, which will establish the as -offered price for each brand included in our offer, will be provided to each LNCS CSR and Field Representative, Quotes to members for items on contract will be prepared using only L.N. Curtis & sons Mohave Price List and discounts. Should a manufacture of a brand listed on contract adjust prices, LNG shall immediately alert Mohave POC to the adjust and a timeline for submission of documentation to Mohave with the reasons for adjustment of current prices. L.N. Curtis & sons Mohave Price List will not be modified unless and until authorized, in writing, by Mohave POC. A copy of the revised price list will be delivered to Mohave POC within 14 days of authorization to adjust prices. Volume Discount description Provide a description as to how your volume discount (if offered) will be managed under an awarded contract. N/A Quick Pay Discount Will you offer members a quick pay discount if payment is made within 10 or 20 days? Yes No X If yes, what is the discount for 10 days? _ 20 days? Acceptance of Pcards for Payment Will you accept Pcards as a method of payment? Yes X No RFP 16K-0826 23 Pricing Information —Travel Description (Place after Tab 3c) Travel Description If travel rates (costs) are applicable, describe how they are calculated, and when they are necessary, (e.g. 50 miles from origin). Include detailed and specific information regarding what the travel rates cover and how each applicable travel cost are applied. (See Pricing; Reimbursement for Transportation, Mileage, Lodging, Meals and Incidental Expenses In the Special Terms and Conditions.) N/A RFP 16K-0826 24 Supporting Contract Documents — Firm Information, Order Processing, Individual Contact, and Customer Support Information (Place after Tab 4a) 1. Contact information for firm's headquarters: Physical Address 1800 Peralta St, Oakland, CA 94607 Mail Address, if different Main Phone Number 510-839-5111 Website www.LNCURTIS.com 2. Contact information for firm's Arizona branch office: Physical Address 4647 S. 33'a St. Phoenix, AZ 85040 Mail Address, if different Main Phone Number 877-453-3911 Website. if different Add additional contact information if firm has more than one Arizona branch office. 3. Contact information for purchase orders: Physical Address 4647 S. 33`d St. Phoenix—AZ 85040 Email Address —AZsales@LNcurtis.com Attention of Mohave Coop Service Support Team 4. Payment remittance address Dept 34921, P.U. Box 39400 Attn: City San Francisca State AZ Zip 94139 Telephone (invoice questions) $77-453-3911 5. Provide Arizona Transaction Privilege (sales) Tax License Number: 07569854-C Do you collect city, county and/or other local sales tax in Arizona? YesX No If yes, please check one: ❑ Our combined state, city, county and/or other local sales tax rate is _% (local rate). X The sales tax rate varies by the location (e.g. ship to rate). Provide additional information below: Rate is dependent upon ship _from and ship to location RFP 16K-0826 25 Supporting Contract Documents — Firm Information, Order Processing, Individual Contact, and Customer Support Information (Place after Tab 4a) 6. Contacts for Mohave: Main Mohave representative contact, Brendon Norton (Shall be the main point of contact for members and be responsible for member information requests.) Title Customer 5erv. & Operations Mananer Email address bnortonC)LNcurtis.com Phone number 877-453-3911 Fax 602-453-3910 Contract Administrator contact: SAME AS MAIN MOHAVE REPRESENTATIVE CONTACT _ (Shall be the main point of contact for contact information requests.) Title Phone number address Accounting contact: Brandy ohnson (Shall be the main point of contact for accounting Issues.) Title Account Receivables Email address biohnson(&LNcurtis.com Phone number 51Q-839-5111 Fax 510-839-0219 Open Order/Status Report contact:SAME AS MA1hj tlOHAVE REPRESENTATIVE CONTACT (Shall be the main point of contact &Harding open orders and status reports.) Title Email address Phone number Audit contact: SAMA AS MAIN MOHAVE REPRESEfSIMYE CQNJACI - (Shall be the main point of contact for audit requests and danfications.) Title Phone number address Reconciliation contact: SAME AS MAIN MOHAVE REPRESENTATIVE CONTACT (Shall be the main point of contact for reconcillation report requests and/or clanficatlons and payment of administration fees.) Title Email address Phone number Fax Escalation contact: ]effrev Curtis (Shall be the main point of contact when an issue needs to be escalated above the main contact and/or contract administrator for the RFP/contract. This contact shall be a different individual than those named for the contacts listed above, ) Title Vice President, owner Email address icurtis@LNcurtis.com_ Phone number 510-839-5111 Fax 510-839-5325 Marketing contact: _Tracy Henderson _ ( Shall be the main point of contact for providing marketing information for Mohave's website,) Title _Marketing Manager Email address Tr,,icvHenderson.@LNcurtis.com Phone number 602-529-380Q Fax _- __ 602-453-3910 RFP 16K-0826 26 Supporting Contract Documents — Firm Information, Order Processing, Individual Contact, and Customer Support Information (Place after Tab 4a) Provide the requested customer support information for warranty and maintenance service offered by your firm, as applicable. Do you provide warranty and maintenance for the items in the proposal? X Yes, the following is applicable to our offer. (If yes, please provide the information below,) ❑No, the following is not applicable to our offer. Describe the steps a member should take to activate a warranty and how they obtain warranty and maintenance service. L,N, Curtis & son5 @Iff@y5rovid the mgrjufacturgr's Warrantyof 5ugghes f warranties r vid under LN S' Prppgsgd program will be the same as f r neral li (standard commercial practice), )Nheo Mp�avo or Mend er alerts LNC 12f a product return, LNC will, oQondinate all discrepant resolutions w Member and r vide dis sltlo in s to thQMember no later than 15 days after receiving notification of that the end user hast cdv_e� discrepant mods. LNC product return and discrepant shipment procedures are designed to negate any additional Offr�rt on the part of the customer other than communicating and assisting In the return Qf the item while ensuring accurate involcing. LNC 1mmgdJ&ly pro Mps thg corrected order upon customer notification of a problem LNC' goal is to get the replacement litems delivered as quickly as lihl wJout unnecessary delays - due to paperwork or other procedural issue% Provide the name and address of the facility that will provide warranty and maintenance service, under an awarded contract. Additionally, provide a contact person and phone number for warranty and maintenance service. If there is more than one facility, provide the names and addresses for all facilities. Attach a list if necessary. Eroducts willrned o L.N> urti on 4647 S. 33"' t.„ Ph nix 804 Th y -m cat t Ir LNCS Field Sales Representative Cary Norton 480,-296--5202 or Travis Sparks 520-709-63�� r�to _ ,ues[ Including warranty and mai n n i ur f I 1p,5 rgl2[esentaUve will Lake it from there by coordinating all required support need by the Mohave Member, Do you provide technical assistance via phone? X Yes E] No If yes, provide a phone number and contact. 877-453-3911 What is your service response time for metropolitan areas (e.g., Phoenix, Tucson) and rural areas? 24. Hours RFP 16K-0826 27 Supporting Contract (Documents — Sample Supplemental or End User Agreement(s) (Place after Tab 4b) Will members be required to sign supplemental or end-user agreements (sales, training maintenance)? ❑ Yes X No If yes, review/revise your agreement(s) for terms that conflict with the Mohave terms and conditions. In addition, review for the following common issues; Acceptable agreements shall include: o Non -appropriations clause; • Contract or agreement must be governed by the laws of the State of Arizona; • Net payment is thirty (30) days. Agreements shall not include: o Terms beyond one year; a Waiver of right for a jury trial; * Requirement of upfront payment by member when purchase order is placed; * Entire agreement language, o Auto -renewal language. Attach your reviewed/revised agreement(s). Unacceptable agreeme. nt(s) may render your proposal nonresponsive. leo not assume a Request for Best and Final Offer will be issued to resolve conflicts within your agreement(s), (REP 16K-0826 28 Supporting Contract Documents — Extended Warranty and Maintenance Service Plan Information (Place after Tab 4c) Do you offer extended warranty or maintenance service plans? ❑Yes X No If yes, provide a summary of the plans here and/or copies of the plans after this page. Include pricing For extended warranty or maintenance service plans in your price schedule after Tab 3a. Place any supplemental end-user agreement forms, which include terms and conditions and/or member signature after Tab 4b. RFP 16K-0826 29 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND L.N. CURTIS AND SONS, INC. [Quotation] See following pages. 2939997.1 Ph: 602-453-3911 Southwest Division TF: 877-453-3911 4647 South 33rd Street Fax: 60253-393-39RT' 10 Phoenix, AZ 85040 azsales@lncurtis.com www.LNCURTIS.com DUNS#: 00-922-4163 TOOLS FOR HEROES Quotation No. 54805 QUOTATION NO. CUSTOMER: SHIPTO: 54805 Fountain Hills Fire Department Fountain Hills Fire Department 16705 East Avenue Of The 16705 E. Ave. Of The f=ountains Fountains Fountain Hills AZ 85268 SALESPERSON Fountain Hills AZ 85268 Gary Norton gnorton@?Inctirtis.com 480-296-5202 REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS Chief Dave Ott C34488 Net 30 F.O.S. SHIPVIA REQ. DELIVERY DATE FTSP Best Way SPECIAL INSTRUCTIONS *PRICING IN ACCORDANCE WITH MOHAVE CONTRACT 16K-LNCS-1202 NOTES & DISCLAIMERS Quotation ISSUED DATE EXPIRATION DATE 03/02/2017 05/01/2017 CUSTOMER SERVICE REP Alex Rodriguez ARodriguez@lncurtis.cam 602-800-7844 OFFER CLASS MHVE THANK YOU FOR THIS OPPORTUNITY TO QUOTE. WE ARE PLEASED TO OFFER REQUESTED ITEMS AS FOLLOWS. IF YOU HAVE ANY QUESTIONS, NEED ADDITIONAL INFORMATION, OR WOULD LIKE TO PLACE AN ORDER, PLEASE CONTACT YOUR SALESPERSON OR CUSTOMER SERVICE REP AS NOTED ABOVE. LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 1 EA BH 10F3 EAGLE Blackhawk CFS BreathingAir Compressor System -10HP 6000psi - 208-230V 3 -Phase Electrical Attached specifications included. BlackhawkCFS Compressor system with the following installed accessories added to unit price to include: -Outside air intake filter/housing (Remote Air Intake) -Fault Shutdown Indicator light package -AMS - Air Monitor system (CO & H2O) -Four, UNUISO 6000 bulk piped cylinders mounted on unit, -ACC-SPACERKIT CCSX2 SCBA Spacer kit -4.5 Priority Fill System (ACC -4500 - PRIORITY FILL) Control Page 1 of 2 $47,021.20 $47,021.20 Fax: 602-453-3910 UFZTI 5 TF: 877453-3911 Fax:fi02-453-3910 azsales@lncurUs.com DUNS#:00-922-4163 TOOLS FOR HEROES Southwest Division 4647 South 33rd Street Phoenix. AZ 850040 www.LNCURTIS.00m Quotation No. 54805 LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE SMALL BUSINESS CAGE CODE: 5E720 DUNS NUMBER: 009224163 SIC CODE: 5099 FEDERAL TAX I D: 94-1214350 THIS PRICING REMAINS FIRM UNTIL 05/0112017. CONTACT US FOR UPDATED PRICING AFTER THIS DATE Subtotal Tax Total Transportation Total Page 2 of 2 TOTAL PRICE $47,021.20 $3,932.76 $1,200.00 $52,153:96 REQUEST FC R LEGAU SERVICES NamelPEone NumberAIE-mail of Requestor: Date of Request:12I/219,120,17 Clave Cltt/816-9280,1( otllCal Il.az.gov Date Director Alrlproved Request: 3J29/2101 7 Procuremeril Approval by: Craig RL dolphy Due [late (From flown Attorney's office): 3/394121017 4J13/210171 ,les El Na: F-1 - Canlacd Finaniae Dinec�tar • Deadlinie for return of request frarri Legal is 10 bLairiess caNs miler ProaurerrieritAFlrlroval. 0 Deadline for complellec paakeit iturris submitllec to C ou mail Meeting [late: 4,1204-101 Item daes not rEiquine Cauriail approval ❑ the Tom ri CIerN - 151 PM the lluesd% Fpiiari to the c ate cd the Counail rriee9ir g. Requ est for Legal staff: PrElclane cooperativEI pu rahasEl aclreernEirit for the Flt, nch asie cll th Ei Eagle Air Compnesisor. CooperativE1 purchase agrElElmeril tasec on the Mohave Coninaal # 1EIK-lJ NCS -,12021. Proposed Algeric a Lariguage 11if applicable): C onsent Agenda Item ® Regular Agenda Item ❑ C ONSIOERAIIIION of punch a:iing an Eagle AN Sneath ing Air Compressor Ilon RineflghtEin Self CarilainEid BrEiathingl in the amount of 52 153.96. -Apparatus Vendor/CorisultantiAgreementiAgency Informallion: Canlacil Name: C ary Nar arc 9rility � arrie: LN Cu r is Britity A cc ness: 4043 S. 33`4 Sl., Rh), AZ 8CI40 Brility Rharie, Rano aric E-mail ac c rEiss: 602 493-2:1911 llomn oil ROL Main Hill:i BusiriEissi Licierisie Numdar: Aniaaria Cor oralian Cammi:isiari Rile � urriben: Documents Relqueslled: ❑ PA ilRuraHasej 4 ArnEin(rrierid ❑ Crcinanae# QDnaft attache( Y44 b; ❑ IRB illrivilatian fan Bicj Pu tlicaIian Dales ton aanirig A alioris: ❑ RRQI QRequesl lon Qlualifiaalioris; ❑ REisalutiori # IDnaft allaahEic Y)1 / N) ❑ RRR ilREiqu est far PraFlasals; ❑ BaEiemEind I3pleaifyTNFle; ❑ C3A (Corislructianij ,IArriEincrrieril ❑ DEiec I3pleaifyTNFle; ❑ (ISP ❑ ICIA )I ArrieridmEinit ilCarnesFloridirud Resollticln Requinec) ® CaopleralivEi Punahasing AgnEismeril AFIFlra%al ❑ R3A4ArnEiricmerit ❑ 01HE111 Reqs, irad Clelrltract/Agreement Irlflolrrr atioln: Melhad olVericoil SElle(iicirCDinecitMaha%e Canlraal perm of CoritnacVAclnEismerit:,Ulzi117-EI/CICI,I'Ifl Carinal Arriounl iflhi:i aontnaat',:$53153.98 ClumulaiNe Canlracl Amourrl:$521,193.9EI Bniel dEisaripltian o1 servicEis4clao( s beincl sau ghl: A in Campnessar far SCBA's Carrinaal # assigned: 2101 7-1 08 Ruricing SCIUMEI: CIR Rnojecd Na. R400°I BIL dclel llnanisfen ReqLinEic: ; illyEis, attach appinaplriatEi coaurrienlalion Stafll Check L ist: A "nequest far legal services Ilonrri" will be neluunEic i1 st,bmiltec mithout the rieaessar-A infanmatian and al aahmenls. *Saaple al Wark on Spleaifiaalioris AtlaaHed *C13R DaaumEiril Atlachec *Ree Praplasal or PriaEi SH eel AttaahEic *Uncerlyinig CoapeMtNa Ruraliasirig AcpieEirrierit AttaahEic *Rnoplosal on SlatEimend oil Qu alifiaaiioris fnorri Veridan Madill Eid *Bic/RFC1RFP Schec ule Ailaah ec flinarlCEl requires a "canlracl coven sh eEd" prion to processing Ilia appinavEic/signiec aarilnaci/agreement far payment(s). c:�usansldattfappdala'local'micnosofNviindows�temponany intaanet f]Ies\contcinii.outlook\ba7kdosd\rf.Is - eagki air camiprassor.docx Rev. 12,12016 CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT Date: 3/29/2017 Staff's Name: Ott Department: Fire Vendor's Name: LN Curtis Vendor Number: 412 Address: 4647 S. 33 St., Phx, AZ 85040 Phone:602 453-3911 Received W9:❑ Y ❑ N N ALREADY IN SYSTEM Business License #: Exp. Date: Click here to enter a date. ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: Brief Description of Service: Purchase of Eagle Air Breathing Air Compressor F4005 $52,153.96 Accounting Code: Choose an item. FY Cumulative Vendor Totals: Does this Contract put it over $50,000 1 N Yes Accounting Code: Contract Beginning Date: 4/14/2017 Contract Expiration Date: 6/30/2018 TBD(used for variety of different things/departments/funds): Choose an item. No Budget Page #: 342-343 CONTRACT SUMMARY Contract Number Assigned: 2017-108 Current Contract Total: $52,153.96 Total Contract Amount with Renewals: $52,153.96 Brief Description of Service: Purchase of Eagle Air Breathing Air Compressor If Renewable: Choose an item. Total # of Renewals Max: Choose an item. FY Cumulative Vendor Totals: Does this Contract put it over $50,000 1 N Yes I ❑ No Contract Beginning Date: 4/14/2017 Contract Expiration Date: 6/30/2018 Budgeted Expenditure: ® Yes No Budget Page #: 342-343 Approved by Council: ❑ Yes; Date: Click here to enter a date. No I ❑ N/A Insurance Certificate provided: ❑ Yes LJ No I LJ N/A Warranty Period: ® Yes LJ No I If Yes, expires 6/30/2019 Estimated Start Date: 5/1/2017 Estimated Completion Date: 6/30/2017 GRANT SUMMARY Paid for by Grant: 1 El Yes ® No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/21/16 Ip" ��►IN,�,f�� t Q � z o� e "k4 ff A �4 Meeting Date: 412012017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a 34" tall, faux water tower, cellular antenna at the Adero Canyon entry gatehouse site. Case # SU2016-01 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Jason Sanks, Shaw & Associates, PLC 1222 W. Cavedale Drive Phoenix, AZ 85085 (602) 326 - 0581 Jeremy Hall, MCC Properties — Adero Canyon LLC 13260 N. Saguaro Blvd Fountain Hills, AZ 85268 (480) 837 - 9660 13225 N. Eagle Ridge Drive Fountain Hills, AZ 85268 APN 217-69-110 Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2, Section 2.02 Special Use Permits Fountain Hills Zoning Ordinance Chapter 17 Wireless Telecommunications Towers and Antennas Staff Summary (background): The Verizon Wireless site is located on ParcelslOA in Adero Canyon which is the parcel located as an island between the inbound and outbound lanes of Eagle Ridge Drive. The Adero Canyon gate house is located on this parcel. The tower is being designed as a 34" tall faux water tower in an old -west style and will be Located just north of the gatehouse. Page 1 of 4 Verizon Aaux Water Towen Anlenna TC — z/20/2017 FA CITORS1 CON SIIDERED IN GRAN TING EIFlBCIIAL USB PERMITSI FOR i10" BRSl: In addition to any sVelridards for considerallion of special use Flerrrill applicialic1ris pursuarii to Chapiler 2 of the Zoning Orc inarice, tl• a clown Council will consic er 11'Ei following llactors in c eterrT ining M eIll• er lo issue a Special Use Flerm ii. -Re Fllanning & coning Corn rr ission may make spEicific Mimirr menc allions regandirlg any of Vl•esEi illEims. The Town CloLncil may waivE1 or reduce one or more of ihEisEi cmileria if they conclLce il'ai the goals of the clown are t eater servE1c by doing so. Seclion '11.06.6.11 of Vl•e caning Ordinance splecifically outlines il'Ei faaions to to considEirec when reviewing applications for towers. Factcrs Considered in Granlling EIpeciial Use REirmits for flowers. In addillion lo any stark arc s for considerallion of special LSEI penrriit apiplications pursuarll to Ctapter 2, Section 2.02 of chis aonind Orc inance, the Town Council sh all consider 11l' a following facilors in deterrr ining whether to issue a special use permit, although tl• a -gown Cot. ncil may waive on rec uce tli a bL rc en on the applicarll of one on rr ore of these criteria if the -gown Courlcil concluc e:t that 11- a goals of this ordinance are t eater served I l' Eireby: a. H eighll c fl the prc pc sed tcwer; Bl' El Flrclposed faux water Vclwer antenna is c14' tall. -Bl' is E1} cEleds 1l' E1 25' height lirr it all tl' e A c ero Canyon FIA B - EIA zoning disinict by 9'. ill' is nequiremerll rray be waivElc for corrmunicaliorl lowers as partof the Special LEW Renmil by the clown Clouncil wl'E1n c eemed appropriale. Staff. Staff believes Mail the height of Ilhe ilowElr will noil create undue phys,iclal or aaallhetic affl?c11s on 11he town or nearibyl priop ertiest. Me zoning ordinance requirEM that any lowElr t e cclnsVnt, sled so tl' all ils "fall c own" c isilarlce 11equal to the l' eigl' 1 of # a tower) is erllirElly containEld within 1l' E1 bourlc aries of th a propEirly it is located are. ill' is is a clrEICMution againsl ll' a tower c arr aging ac joining properties c1r structures sl' ould it fall. This rEiquinem erll may be waived as part of 11' E1 Special Use RE1rm ii t y 11' E1 igclwrl Council whEirl c eerri ed appinapriate. Staff, The fall clown ciallancle is not achievable in this location. Me towers w,i/l be IocatEld immeciata)ly adjacent llo the Eagle Ridge Drive righil-of-wayl wiilh a fall down distance of 17' All the flower shoula fail it will fall into 11ho nig ht-of-wayl. However, sirice the antenneia are a unique alleallth design and arE1 ins,iaEl 11hE1 faux wailer slower, one could argue that Ilhe building sMllbacN (15] should apply= instead. Since the strucltune .is 17' off ilhe prop ertyl line that cloulc bEi clonsiaened as meelling the intent of this once inance nequiriement. Staff pis requitied to point oull to a fall down disllancEi p roblem and the above-notEid F oss ible wonk- around. All is udjimateAM up to the lbwn Council to make the finzbl cEicusuon as llo what is neaaonable .in this case. b. Rroximilly c fl tt a tower to residential strL ctures and residentially zoned districll boundaries; llhe zoning arc inarlaEl requires 11 -al any lower will l' in 300' of rElsidentially zoned property receive Special Use Flerrrii appro%X11 from 11`0 Town Courlcil. Staff. The tower is in the / d eno PAD - -M disilniail which is not a nesic enlliall zone. hlowleven it is /esa than 100' lrorri Parcel 10 which 1st zoned "Aa Elro PA D — MF" (Multi-Famuyl REisudential). Tihernelorie, staff's op mon ,is that the resia enllial stEnlbaaN riequkerrl enta hav a noil been rr1 ell and thEi Special Use PermJJ is requjiriec. Page 1 014 uerizen Aaux Watem'Wiwer Ar tenna TCI — 4,2aA17 c. Nature of uses cri adjacerit and nearby properties; The prorlElrliesi immedia'IEdy adjaaeril to the faux water lower site ane Parcel '10 to Ito narlh whiah is zonec AdElro PAD — MF and is currently vacant, anc Pancel 'I to 1f EI soi.ih Whiat is zoned R1-6 and is t Bing de�elopec wilt single-farr ily homes. The anea of Parcel 1 alosesil to 1f EI tower si'IEI is dElsignaied open spaae and the aloses'I residElnces will be over 300' away from the proposed tower. The near adjaaerill rigti-of-way is at out '11' from if EI Fplaposed antenna loaaiion. Stafll• Due to the ent"vie area beirig curvientlyl under construcilion, Mlaff'a cii pis that Me requirement that the proposal riot be potentiallyl oetrirrientaJ to -ciurrounc irig properties has been met. d. Slurrounding topography; The surrounding loplograpty will rioll pneserii any problElmis with ILEI placement on use of tf a ii io towen. Staff., Staff's opinion pis Mail the iloplcigraphyl will nail affeciil MEI tower plJaciemenil. e. Slurrc unding trete cioverage and 1c liage; There is CIL rrerillly little existing trEle aavElrage or foliage within the parcel. Stafll• 5 ilaff'si opliniion Js Mail aac iticiriaJ Ilandaciafling will bEi ,inatallea cin the FlarciEUl prior to final Certilicate of Occupancy. f. Design c the tcwer, with particular reference tc design characteristicis that have the effect of reducing or eliminating visual obtrusiveness; The proposec faux water tower is a unigs a stealth design. ilafl[ 5 ilaff believes that this design wild riot creaile aachiona] negativEi Osuail implacils. g. Rrcpcsad ingress and egress; The proposed tower is located willf in an exisVing ilericed enclosure and is easily accesisElc by miairiieriance %ef icles. 5 ilafll• ThEi pliioplosaJ has goon access ana egress. h. Availability cf suitable existing flowers, other structs, res, or alleirnalive technologies nct reglt, iririg the use of towers or structures, as discussed in Election 17.06(B)(4); Slecitiori 17.06.8.4 cipecifically relates lo the constrs ciion of r1EIW towers wham nor1EI previously e) isied. In ss ch cases if EI town sl' oulc regL ire Flroof 'If al other lesci-obillILSK El options are rich a%ailat le. 5 ilafll• The applicant citates Mail there are no altEirnative dowers in MEI � icuniity. The app,11cianil alsio silailes Mail there ane no altEirriative ilechnoilogies avaiJablle. Rislk Analysis (options or alternatives with implications:: li Fiscal Impact (inilial and ongoing costs; k udget status): NA Budget Reference (page numitEii NA Page 3 of 4 Verizon Faux Water Tower A ta.u. TC — 420/2017 Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The Planning & Zoning Commission held a Public Hearing on March 23, 2017 and voted 5-2 to forward a recommendation that Town Council approve the Special Use Permit to allow the 34' tall cellular antenna to be installed inside the faux water tower structure as presented and in the location proposed. Staff Recommendation(s): Staff recommends that the Town Council approve the Special Use Permit and allow the 34' tall faux cellular antenna to be installed inside the faux water tower structure as presented and in the location proposed. List Attachment(s): Application Applicant's Narrative Photo Sims (7 pgs) Plans (6 pgs) 3/23/17 - Draft P&Z Commission Meeting Minutes SUGGESTED MOTION (for Council use): Move approve the Special Use Permit to allow the 34' tall cellular antenna to be installed inside the faux water tower structure as presented and in the location proposed. Director's Approval: "Robert Ro ge s, Development Services Director 4/10/2017 Approved: Grady E. M' er, own Manager 4/11/2017 Page 4 of4 Town of Fountain Hills Staff Presentation Verizon Adero Canyon Faux Water Tank Cellular Antenna VICENITY At". 5 � £� jn�:, sFarorEoIEUEE ierEn � H8 a �yi Eo Verizon Adero Canyon Faux Water Tank Cellular Antenna Lail a LJ Il b —_L ENr�EFRED Fm �' dPccnreE�avrn[xEw FNG MwiEW ii.MK - � �EeEaE caner«. wm�v -------_--- - —`---� � � c W+ptEEi SA � \ rveue...w, r w <, Recommendations Planning &Zoning Commission Findings: - The Building Setback requirement meets the intent of the ordinance. - The stealth design is appropriate for the area. - The Tower's location within will not be detrimental surrounding area. 100' of a residential district to the neighborhood and Forward a Recommendation to Approve Staff Recommends Approval DO Not write In this space —official use only Filing Date I—zcx-I L Accepted By Fee Accepted kD• 4O -.4.0 t Case Manager The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrators Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat CuUFill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development 4 Preliminary /Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, If applicable) Variance Other PROIECT NAME / NATURE OF PROIECT: LEGAL DESCRIPTION: Plat Name Block Lot PROPERTY ADDRESS: tam H. expo Rdesm Poumpn Hlm. n8dole PARCEL SIZE (Acres) ra A<res ASSESSOR PARCEL NUMBER 21789.110 NUMBEROF UNITS PROPOSED t Weebsscial Feclley TRACTSI wretass CeFaFaculty EXISTING ZONING PAD PROPOSED ZONING 7A Ifwnt Mrs, JasoMSanksShawAAssociatwe PLC Day Phone eo2a2easel ✓ Mr. Ms. Address: lux W.Cevedow Cr. City: PM State: A2 Zip: M88 Email: Izarikz®zhawassxtatas mm Owner Mrs. Jammy Hall, MCC Properties - AEero Canyon, LLC Day Phone 4e0.937.965e ✓ Mr. Ms. Address: 13260N.S9guar0EIvJSulte200 City: Fuuntam HIPS State: AZ Zip: 85268 SIGNATURE OF the section below Z 2 I HEREBY AUTHORIZE ./u -s vv— ILS TO FILE THIS APPLICATION. Please Print \ Supscribed and svrom before me this,�-1 a day of .UQLtYwDA r , 20 IS (r.rinv!L'7 N•e� My Commission Expires I—ao— Notary Public MUNIS APPLICATION # Saul& -D / CASSANDRA a. HANSEJ Notary Public • Arizona Maricopa County Smy Comm. Expires Jan 20 SU2016-01 M#6511 Verizon Wireless Communications Facility 13225 E. Eagle Ridge Drive \✓/ 3"4 Submittal 9 8 216/2017 veriLn February 1, 2017 Shaw and Associates, PLC Attn: Jason Seeks 1222 W. Cavedale Dr. Phoenix, AZ 85085 02-06-17P01:31 RCVO City of Fountain Hills Planning and Zoning Department 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re: PHO Canyon Crest Narrative — SUP Application for Wireless Communication Facility Located at 13225 N. Eagle Ridge Dr. Fountain Hills, AZ 85288 Proposed Use As part of an ongoing effort to maintain its superior wireless network in Fountain Hills, Arizona, Verizon Wireless is proposing to construct a Wireless Communication Facility in the form of a faux "water tower" along with associated ground equipment including a backup emergency generator at the locationof 13225 N. Eagle Ridge Dr. Fountain Hills. The +/- 23,572 sq. R property is currently raw land on Parcel 10-A of APN 217-69-110. The proposed Verizon Wireless Telecommunications Facility will have a 29' foot height to the RAD center of the proposed Antenna array and a total height of 34' feet at the top of the water tower roof The new Verizon Wireless lease area will be approximately 20' x 20' (400 sf), including the water tower and all associated equipment and will be surrounded by a 8' foot tall stone wall that will be finished to match the fapade of the existing adjacent building. The purpose of this site is to improve coverage and enhance capacity for all of the residential and commercial properties within approximately 1.5 miles of the site. The proposed site will include a single parking space in the parking lot for the Verizon technician who will monitor and maintain the tower on a quarterly basis. The proposed timeline for the installation of the facility is the 2nd quarter of 2016. Site Description The subject location (Parcel 10-A) consists of 23,572 sq ft. located on APN 217-69-110 and is owned by Adero Canyon, LLC. The lease area of the proposed faux "water tower" will be considerably smaller, at 400 square feet including the water tower and all associated equipment. This parcel is currently vacant land platted for residential subdivision and zoned as Adem Canyon PAD SA. The WCF equipment enclosure will be located along the south portion of the property line, mid parcel. The WCF will consist of an equipment shelter that will house the electronic equipment needed to ran the WCF and a diesel backup generator. This equipment will be surrounded by an 8' stone wall and enclose the location of the existing equipment. The water tower will be located adjacent 1IPage to N. Eagles Ridge Dr. and will meet the necessary setbacksi fiom resider.atial properties. Althougk de rile will be unmanned, it will nequime routine quarterly visits fbr a fhw hours at a lime fcir ,iitei rrainlenariae and eacuipmer.il upcates. Vehlaular access far tY.,i flaility will be granted by the through an access easement. Adversea Wpacll The site will not have any acverse impacd on the :iurrauricing praflerties. The facu:lity will be desiignacl to look like a water tower, which will blend in well wit, the surrounding landscape and further nerve a more pleasingly aesthalia purpase than that of a traditlonal mianapale. No known adverse impacts area known la haves beein causcicl by the existing WCF in this iomition. T,le salealth design and substantial buffering from residential usesdzones make thea site an exceallent lociation thal will Nave minimal aesthetia impact. Thea noise generated from the site will be miinimial, and will not have any adverse effeat on the sunounding hlrahlerties. The equipment cabinet will hoL sea two air caorditlaning units than will be similar in noise level to residential Icime units. The d:ieusal backup generator will oriy N switahed on if tha power faiilsi tc thea Merizan site, and curing the weekly 30 minute teisal cycle pracessi that can be seal to run al any time, depending on the parcel owner's (om thea Town's; preference. The geanerator noise leave:] is equivalent to a vacuum cleaaner on idling vehiale when activaled. Request fbr Waivers We arae requesting three waivers fbr this request. They include the follcwingl: 1. Fal l t own lest than :14' (1l Height oven 2T (34') 3. Lless than 100' 1 o ]Viii Fon waiver #1, we seal a fall dowri height of :17' duel to the unique ,ihape of this pnoperty. Florturate] y, the partial is buffered on both sides I righl-of-way, so in no cease caould this faaility fall down onlo v4Jaaent private propert) . Furtherrnioi e, the caonstrdation of the facaility is unique in that i 1 is real a si ngla pole, but rather caonstrucal ed with four col umn s i Io support tt a faux wa ter l ower . THe abilitN of it to fall over and craoss a propglrt) line is very uri ikely wit, this oonstrdct�lon mcdod. Flom waiveir Q, we seek a heighl ofl34', just 9" taller than the relatively short maximium height allowed by node. We seek this height so that we cian meel oum objectives of imilraving sen ice in the area whfle at thea same time i ]owing the faun water loweur to laak as realistia and beu as co - locatable as pomible. Any redL ation in height would sign lfilcanlly limit tt a efifhalveness of our need la improve wireless servicae in the amea. Also, the heiiet is necaessaryl in the event another carrier woul c 'like lo cio-loci to on de undearneatt !aide of de lower. For waiver #?I, wa seek a setback of 1 eiss than 100' 1e W. This was a primar)l reasun fbr choosing the faux water tower sicreening methoc m hi ch is mit ch costheu tt an atter in sl:Wl al i on metf, & s anc looks great. We have made evar)I attempt 10 make the installation attracalive and blend info the surrcundirig area with tha .atone walls and enhanced anchillectuale. Also, the proximity of ouir installal ion will also help us to better serve those residents' wireless needs. a1 AaEle PHOTOGRAPHIC SIMULATION PROPOSED WIRELESS COMMUNICATIONS FACILITY u1 JhenNi lWgJ11 ciNIi architecture project management 10245 a da Ilmla sWe 211 417 4519809 ora xoWaleae85258 48045196091m SITE NAME: PHO CANYON CREST SITE LOCATION: 13225 N. EAGLE RIDGE DRIVE FOUNTAIN HILLS, ARIZONA, 85268 DATE: 1y31/2015 APPLICANT: SHAW & ASSOCIATES, PLC. 1222 W. CAVEDALE DR. PHOENIX, AZ 85085 CONTACT: RICHARD S. SHAW, ESO. (480) 204-1843 2115000GtE1AAPS verizonv SITE LOCATION MAP ft ncudecl PhotogrophSimublbn(sl are intended as vkdfepremAlafibm onty and should not be medfor camlruclionpwposes.N moteriakrepresentedv ilhintheincludedPhotographSimulationtsl aregt*cl to change. YOUNG DEIGN CORP. -10245 EVA LINDA, STE211.5COIISDAI{ AZ SM -14501451.9609 1,17 verizon� EXISTING VIEW 1 LOOKING SOUTHEAST PHO_CANYON CREST m�lll ell�w . YOUNG DESIGN CORR.-10245 EWLA LINDA. STE 211-SCOTTSDALE, AZ 85258.1480) 451.7 9 217 verizon� PROPOSED VIEW 1 LOOKING SOUTHEAST PHQCANYON CREST YNe 6*ml ammn pNMmeq,mm n,wrs, wolwr n a m ammW PROPOSED INSTALLATION OF A 34' FAUX WATER TANK WITH ANTENNA ARRAY INSIDE. ADDITION OF EQUIPMENT COMPOUND, SURROUNDED BY AN I2' STONE WALL TO MATCH ADJACENT BUILDING. ADDITION OF GRADING AND NATURAL BOULDERS TO SITE. YOUNG DESIGN CORP. -10245 E VIA LNDA. 1E 211 - SCOTISDA LE AZ 85258 - (4801451.9602 3/7 verizon✓ EXISTING VIEW 2 LOOKING SOUTHEAST PHO CANYON CREST 4I�yuro rorn P6„du„ o,ai«tm,mpo„ti 4p 51MA, YOUNG DESIGN CORP. -10245E. VIA ANDA. SIE211-SCOIISDALE AI M -14801451-960901 4 51-9 M-14801451-9609 verizon✓ PROPOSED VIEW 2 LOOKING SOUTHEAST PHO CANYON CREST *C" !X 61W PROPOSED INSTALLATION OF A 34' FAUX WATER TANK WITH ANTENNA ARRAY INSIDE. ADDITION OF EQUIPMENT COMPOUND, SURROUNDED BY AN 12' STONE WALL TO MATCH ADJACENT BUILDING. ADDITION OF GRADING AND NATURAL BOULDERS TO SITE. YOUNG DESIGN CORP. -10245 E. NA MA. SIE 211-SCOWLE Al D5258 - I4M 451.96D9 517 verizon� EKLSTING VIEW 3 LOOKING NORTH PHQCANYON CREST pmwpcn nmumm. r•pn mn.o.r,m YOUNG DESIGN CORP, -10245 E VIA LINDA, STE 211-SCOTTSDALE, Ai05255.(48D)451-90 611 roumw ciid.m verizon� PROPOSEDVIEW3 LOOKING NORTH PHO CANYON CREST 411 ye" WP Y m atmmt neh� nm,vm,m ivn.awW,m anwaov. .�e�w m�nwm PROPOSED INSTALLATION OF A 34' FAUX WATER TANK WITH ANTENNA ARRAY INSIDE. ADDITION OF EQUIPMENT COMPOUND, SURROUNDED BY AN 12' STONE WALL TO MATCH ADJACENT BUILDING, ADDRION OF GRADING AND NATURAL BOULDERS TO SITE YOUNGDESIGNCORP. . 10245 E. VIA LINDA. STE 211 -SCOITSDALEAZ85258- 14801451-9609 717 TOWN C F FOUNTA AN H]IIJLS MIN UTES OF THE REGUIJAR SESSION C F THE IIIJANNING & ZONING C OMMISSIO N March 213,20A Chairman M iclaal Arahambau:li opcancad lhca mcialing al 6::I1011 pl.m. RODI] CALL: Thca fbllow:irig Comrriissiariers wane prcasonl: Chairman Miehadl Arcihamlault, Viciea-Clairmari Fuganca Mikalajeayk. Commissioriars: Amlar:laigh Dabrowski, Susan Darripstcar, Erik Haanseri, Hawita Jancis and hlogar Clwers. Also in altandanee were Bob Racgcros, 11avalaplmanl Scarvaccas Diaiectaai, Randy Harral, Towne Engincaer and Pau ]a Woacwiarc, ENaeulivca Assislanil and Raearden of ihca miriwaas. Chairman Michaal Archanilaull raquastad pamicripaliari in tla Plcidgca cif Aflogiaricca and a mamanl of silaml raflaction. CA 111, TO THE PUHI]IC C 1 ai rman Arciharril au 11 aaskod ill '11 ara were aniN requ esils lo speak and tla Recondam Paula Vbllooc ward answcarec lhCme wane no raqucisis. AGDN DA ITDM #1 - C ONSIDHRATION OF AP]nRC VI NG THE PILANNING AND ZONING C OMMISS]ION MEETING MINUTES DATED March 9, 2011. Vicca-Chairman MAolaicizyk MOVDII 10 AFPIRCVE thea marching minutes datcad Thursday, March 9, 3017 as wriltcan. Camrriiss:ianeai Dabrowski SECONDHD and Ila MOTION CARR] DD UNANIMOUSLY 7,10. AGHNIIA ITEM #21 - PIUEIIJIC HEARING TO RECEIVE CCMMHN'IIS ON AI PIROPOSDD SPECIAIJ USD AERMI7171C ABDOW VDR12IC N W IRDLHSS TO INSTA I]L A ?I4" TALI], HAIUX W ATER TO WER, CEUIIULA,R ANTENNA AT THE ADDRO CANYON ENTRY GATEHOUSE SITE. CASE # 811121011E1-011 Thca public 1 aarinig ripened A 6:32 p.m. Mr. Radgaus, Davelopmcnt Serv.ces D'iaieatoai, preiserdec a slaff aiaapart and a PowcuaPoiril prcaserldican, i1CopN is one file in the Office aflthei `flown Clcmk) one thea dalaaiIs cif a Spleeial Usti Aaarmiil rciqucast fiaarrm Variaon Wlirelass to insila:ll a cellular ainlanna al tla Adcuao Canyons antry gaicilousci sitci. Mr. RacgCms reiftirrod to tl a ovcarhaac showing lif a lcacal icon of iha ccd ILdair anleniria inisida a fhua old-slNlca waiteir tower iri Paircied 10A of AdCmo Canyan. He said Aareal :I OA is iha ralalively small plarcel tlal araaltas lhci madiar.i island in Ile Fagle Ridgci 11rivei rigll-of-way. This plarcel is the :location oil thea Aldera CanNon Gale Hauisei. Thei wiallar lower struictulrca is plraopascid to bei installer nartl oflille gaiter lousaa parking aneei. `flha Spacial L:sei Harmil nacluircimenls auae tlial the waler ilawer will bei Vhirly-fl ur feat tall. `Ilhe hcai€lht limiil :in this d:islric9 is twan-IN-five lall. Tla hcaiglt lirnil may bci exctaadad if an appropriala staalll design is uscid. 11 mu sl ba celermrned that tla sluallh design is apppiapriale fbr tha arcia. Mr. Rlod€tars said the tower A wilhin 700' oil a rosidawhil cislnict and :it's a apppaoximatcilN ICICI' to thea "PAD -MF" (Planiriec Araa Dcavaloplmenl - Multi Family; in Paroal 10. `Ilia Spaoial Usti Harm) must apprave allowing lhca recueeic sa lbaick avid a 100% flill-c awn selbE6 hiorn any properly :linea is rcaquirec Qthir N-fbuua fecif, Only saueriicen ftaa:l A prauideid. This reaqueist ina:luides a savanlacn fhal waiver. Mn. Rodgers said it is riatad in tle slafflreaFlorl tial tla "building" scalback is faftaen foal and tial thea Planning and Zoning Cammission should, acs part of lla raeammCndatican, acvisca tla `flown Cauncai] rcagar6rng tla a approprialeriass ofl allowing lhis selbaak recucilican. Mr. Rcadgaus conelucad tharl Staafflneeorrimeinds that tla Comrrissicari find Page 1 of 5 DRAFT tlhcr f6lIawirrgl: than tier Bulking Selbacik mquirarrieril of fifllacin fdcl moels the inilcrnrt of the ard:ir.rarrecr, tliatl tlhe aleallh cosign is apprapriado for lhci arca anc Thal tte 'lowcm's lociaiiani wilhin :10(1' of a iiesiderlial district wii:ll not bei dcdrimenlal to thea neighljanhoac ainc la lha surrouncing area. Mr. hlodgars suiglgoslcic 'Ital tte ciommission fomiarc a neciommancaition to Iho 'flown Council to approve tlhcr pnapasal as prose rilcrd. Rick Slaw, an tahalflofl Vcrrizan Wineless, gaivc a shorl tistary of liis rolaitionship that slartad wiitlt MCO curring tlia 201a acquisition. Ber said rho inilanl of the site is to aavcm lhci sauitflern hailf of lhci Acera CainNon subdivision, Copperwyrld and a Scio'llsdallci subcivision. Mr. Shaw saic tta faux wator lank was M C O Prap irl ios' plreforonae t eciaus er it wias tlhe best suilcid fan 'It a faciac a. 'Dhe water tawiar is ais sharl as plassiblcr al thinN-faun facit, just ninic fcrel lallcrr than rho afar rriaxirriurri terigh'I allawcrc EN code. ' lhis wars lhci minimum hciigtt r.iecidcrd in order to oporalcr effercitivcrly. Masi ilawers around town ana sixIN ila sixty- fiva fact. Mr. Staw reflerenciec tlhe fall dawn c istanae. Ho said the ceillular tower indus D1 no longer rcifurs to fall cawn gonias sirica ilachnalogy, onginciering anc rriatlerial advar.icorrionl drastically cecirciasci an aeaurranae. This lower will kava four lints and will bci strucitr:lrallN er.rgiriocircic and approval starripcid bN an eriginiocrc. Chairman Aic1larribaurll askad if tlterei were arty mare rciqucisls to spciat and lhci Rociordeir Paulai Woadwand answarcid lhcre wane no morci rciqueists. Chairman Archarribaudtl tilos ad rho Aurblici Hearing al (:]SI pl.rri AGHNUA ITHM #21-CONSIUHRATION OR A PIRO10SED SPHC11AL USH PERMIT TO A111JOW VHRIZON WIRELESS TO INSTAIR A 214" TAIJL, FAUN WA'HER TOVNIER, CE LLUIJAR ANTENNA AT THE AE DRO CANYON ENTRY G ATHHOUSE SITH. CASH Al SU21a16-01 Cammissionor Dcmpsleii asked about the dusigr and haw it wiou:Id fit bullar into cher facade than otlhun C eisigrls. Mr. Slaw stal ec tli ei rack wall sun oun d ing 'It e l owcm will mal ch lhci rock around tlhe gal uhouso. 'phis is wt al tlhe dcvolapler warmed. This is a much mane Basi ly c asigrl than a sagularo or pailm trae. C ommissioneir L7abrowsk i askcid why is 'Ite towcir lhirly-flva feiel fall wiheni aa:ll lowcirs Etre lawieir in ober areas. Mr. Staw said lhci hciigl.ts to quoled wcna for Sagularas which usually ane twcir.itN-six flecit wilh a Iwo fecit lapor in Scatlsdale. He beilieveis it la lei thir N facil in Foundain Hills. Hab Rlodgeirs said lhcire ana a fewi sagularo lowans art forty -feel and palm lreei towars al sixty-.ffva in Foundalin HUN. Mr. Shaw said lhoy kapl tta water lank tawier Io a m[nirriurri because Iho dovolopleir wias ser.isiiliva ila 'Ihci hoigtt. However It e radia fraquenuy anginciers noec ad it lal lar so a compromise was mac a. Ms. Dabnowski said her conaeirn is tta'I thci walen tower is rio'I Iho bcisl choice for lhci cammuni'lN. She stated punhapls Cava Creak, witich has mare ofla weslerr. foci], is rrioro suitcid for a wailer tlowen. Ste askad ifltlhere werei opliar.is alhcir Ihan Iho watur tower sunt as al saguaro. Mr. Stawi aaic heighl aaulc bci an issura with a sagularo ant also the aritcinnal restrictions caurseid tN lte cactus diamcitor. A sagulara tyriaally tas ilmia to throci ander.nas. 11hci loss anlenna ciaplacily wound Ihcn Page 2 ofi l passible necluirel morei siles. Tlha walcm tamier allows for mora ar.lteinnas tNLs rescucsing thea nescsd fcir mores lowelr ailas. Ms. I7atrowsk:i askcsd if 'Nall Hrolters was :involvac in tNe dasign sirsaa lhay arei thea antis stilling lhcl N ames. Mji. JNaw said le cid riot lava any aonlacst with Tall Hroilrtrs tut assumed ]eramN Hall may haves had 6scllssionls wilh trcin. Commissianeji Dabrawski axpliiessac aoncsarnl abaft tree waler lawer ftillingl c awn an thea guland houses. Mn. Racgci s said here slould riot bcs an issuei sincse tpei 6slancse beitweierl is inorei Than enaugh. Chairman AreshambaLlil asked ifla faux Mack wall walk bei possible neiar life triulli family silo. Mji. 91aw said lheN disaussad a fake rocsk wall ncsar the water lansk :lacation lowmeji it :laakec tre heigll rsescsdcsd. Tfe wailar lower location was giemiuim to aclicsve thcs ranges foji Coplplerwynd, Scsatlsdala arid a plor ions off Ac esra C anyan. Chairman Aresrambaull asked abaft the cesigq stnlchlrti arid how :it wound lase up ir.l exlreima weialhar csonciliarss. His carscesrn is the fall Mai ar. Mji. 91aw said iiha inscustry usas the nsalionsaa winsc :laacing standards whicl. aiie plublishcd anc raf6onatid curir.lgl lhei c esigq plhascs. Municriplalilicss ust iihe sama puitl:icsat:ian for gulicelinias. 'Isle struicrlLires also has to mael lire requfiienrler.lis cif -Ile ACC (1Hesdaral Corrsmunicsaliar.ss Cammissian) slarsdajics arid luildir.lg csocess. Tlhei c es:ignl would to aplprouec and slamplesd by a structural / prafessianal esngineier. Chairman Aresharribalill aal:led on RamN Harrel, 'Hawn Ensgineseii, asking Nim abauit ties foatings dapltl rcquiiramcnls. Randy Hansel said hcs did nos review lha plans but the dasign is vciDl high arid has adesquala 16clors afl safely. 11 waulc need la meal tle r.saliar.sal slandares faaliars oflsafeily in iiagards to the wine spcsesd arid lha malcmials used. Cammissionesr Clwers said he was canaeinad abaft 1hes Haight arid in plarliaular lha silhouialta. Mr. Owars ask ac will it stick ups around thcs sunounscingl artia. Mr. Shaw said ht could nol recall iflthis walar tank would slow Lp agairssl tha sk}lincs. Cammissionesr Dabrowski asked what olhen capabililieis would Ile water lank tawesr plrovida. Sle axprassed tial since the irailhead is lacsatad in tNal area saftsty is ar.l issuie. Mr. Shaw said tle lower will tjiansmil ars Variaan frequencies. DI will be for atdl serulicse arc data. lI will nal to useid for emcsrganay scsrviatis unslcsss oilheii arrar.lgaman'Is vies nrsadei with iihe Tlown. Cammissioncsr Jar.sas askcsd if lha water lower is scorer than attars in 1hei artia and how effdscstiva will tree tav<iesr mmeeit 'Il e resquijiec uses. Mr. Shaw said lha radia cnglinaeiis originally wanlad lha tawcr Hgler tut it was rscgatialesc down al tle davtdoplcr's raquasl. 11 is slill a viable sile. Mn. Shard ppiestintad a norlh sides Niaw afllhes sites. Chairman Aralambau:ll askcsd ifltle tawer is ablcs la aover Oo arca neiar the waltm lansk. Pago 3 o8:1 DRAIEIT Mr. SIl,aw saic 1ha'I lha deuelopar aiskeid lhci sarr.e quesilioni ant heoausei oft lhci tapograplIN it would nat halve lhel capaibilily. Mew will hme'la ba two siles bcicause ofl'Ihe tcirraiin. Comrr.issiancirn Hainscir.i askcid aboLit tba prociess oflcbaosing lhci aolan sahemci. Mr. Shaw said lhay proplasad a f6w things buil ilheN weird rriodifieid by t1la deualopcir. Charirman Arahamliaull askeid what matcirial :is 'Ihe black wall sunnaunc ing the lower. Mr. Shaw rciplliec ilhal 11 is ai CMU, (Concrala MasonryLlniill; wall wid. a slona finish. Chairmain Arab amb aiu:lt askeid if I th erci weirci anymorna qucisl i cros. Commiss:iancni Jones MOVHTI 10 fbrwamd a reoomrramail ion ila Town C aLnai:l ila apppiova lha Spaoial Usa Permit ant adlaw ilhe thinN-f6uv fciat 1a11 faLix waiteir lowor cellular ar.itemna ila bei installer insida lha faux wail en tawer slnialLire as plrasemilad anc 'ni thei loaalioni praplosec along wilh lha findings. Vicie-Chairman MikolajciaNk SECONDED. A roll gall vata was laken w:ilh tha following rasulils: Coin nissianar Dabrowsk* Nay Cammiissicmcir Dcimplstar Aye Cammiissicmar Hansen Aye Commi ssicinar Jonas Aya Commiissicmar Owers Aye Vicici-chairman Mikcdajcizyk Aya Chairman Arc halmbaull Nay TN a mcition CARRIED by thasa prasenl 115-2'. A GHNDA HEM #41- COMMISSIC N I]ISCUSSIC N/RHOUHS'H FC R RE SHARC H TO STAHF. hlemsi hisiled belt w we related only to j1he ptiopnuety of (i, placing items on ai f ujlune agi nda fan Gicition ori (iii) dire riling sitaff ilo ctinducil f uniheri tnesii cinch and rept nil Ilac11 flo the CcmmIssiion. Nana AGHNDA ITHM #5 - SUMMARY OA CCMMISSICI\ REQUESTS FRCM DEVHLOPIMEN'H SB1E4VICES IIIRFICTOR. I\ cmc AGHNI]A ITHM #b- REPORT FROM DEVEIIOPIMENT SERVICES DIRECTOR. Ncrie AGENDA ITHM #1- ADJOURNMENT. Iage 4of5 Viaei-Chaiirmair. Mikolajcayk MOVHD iia aidjaurn tfa meialing at 7:CI4 p.m. and Commissiar.ier Dail^rowski SDC C IN DED aric lhci MC TICI N CARRIHII UNANIMOUSIIY. 11CIUNTAIN HILUS PLIANNING & aONING CCM MISSION mm Chairman M ika Arch ambau:I l ATTEST: Faula Wlockwarc, Elzeculivei Assislar.it CERMIFIC ATIION I Iereiby aerl ifN Thal tha forcigo:ing minutes arei a 1ruei am aorracl oopN of the miniuilas of d.e rrieeiting of the Founlain Hills Planning anic 21oring Ccirnn iss:ian hcild on t1ci 331h cay of Mauch, 2017 in do Tlawn Council Charntars, 1E70`1 El. Avanuci of lhci Haunlains, Flaunlain Hills, A2 8`_13(8. I further acirtify lheit 1ha mael ing pias duly, aail:leid and that a quiarum was Frescin� . Haula Wlaodwand, Exacuil iue Assislanl Page 5 of 5 46 AIN 1r TOWN OF FOUNTAIN HILLS Of Z Z TOWN COUNCIL iw ' AGENDA ACTION FORM .�/ 74't�s►v°4� Meeting hate: 412012017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Recreation and Tourism Supervisor, 480-816-5135 REQUEST TO COUNCIL (Agenda Language); CONSIDERATION of RESOLUTION 2017-11, approving a GRANT APPLICATION and Town FUNDING in the amount of $23,800 for the Arizona Sports and Tourism Authority Youth and Amateur Sports Bier sial Grant for the purpose of lighting installation at Desert Vista Skate Park. Applicant: None Applicant Contact Information: Owner: Town of Fountain Hills Owner Contact Information: Same Property Location: Desert Vista Skate Park, 11800 N. Desert Vista Way Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Arizona Sports and Tourism Authority was created in 2000 as result of the approval of Proposition 302. One of the four core missions of this authority is to fund youth and amateur sports projects and programs within Maricopa County to which the AZSTA facilitates a biennial grant to support non- profit and local municipalities. The reimbursement grant has a fund of $2M for the 2018 cycle. Stipulations require that projects be hard cost initiatives such as new construction, lighting, equipment, or renovations. The AZTSA is authorized to fund up to 2/3 of total project cost with a maximum award of $250,000 per entity. The Town of Fountain Hills was awarded funding from this grant in 2016 for the purpose of renovating six tennis courts. Community Services requests authorization from Council to pursue the AZSTA grant to facilitate the installation of lighting for the Desert Vista Skate Park. The skate park is an original feature to the Desert Vista master plan; however, lighting for the skate park was struck from the design for budget purposes. The skate park serves an estimated 50 guests daily, primarily middle and high school aged youth, from 12- 16 years old. This is often considered an at -risk age and communities strive to offer high quality, engaging recreation opportunities to this demographic. Our skate park is a primary example of this type of amenity, as it accommodates not only skateboards, but also bikes, scooters and inline skating. The addition of lighting would significantly extend the use of this park. Lighting for the skate park would allow evening hours as well as make the park a year-round amenity. Currently, the skate park is underutilized during the summer months due to the heat during daytime hours. The addition of lights would be consistent with other features in the park that also have evening illumination including the adjacent soccer fields and dog park. The proposed project is estimated to total $70,000, including hardware, materials, and installation. Based on this amount, we are requesting $46,200 in grant funding, a total of 213 of the anticipated project cost. The Town of Fountain Hills would be responsible for the remaining $23,800, to be funded from the General Government Page 9 of 2 fund or through the CIP fund, if available. Should the Town be awarded the grant funding for this project, renovations would be expected to last 45-60 days and begin in late spring of 2018. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA H Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Grant Application, to be provided when available and supporting documentation. SUGGESTED MOTION (for Council use): Move to adopt RESOLUTION 2017-11, approving a GRANT APPLICATION and FUNDING for the Arizona Sports and Tourism Authority Youth and Amateur Sports Biennial Grant Prepare: by: / Rachael oo ecreabon Supervisor 41102017 Director's Approval Mark Mayer, Community Services Directolf 4/102017 Ap oved: i—. Grady E. Miller, vm anager 411012017 Page 2 oft PARK HOURS: DESERT VISTA PARK • PARK 6am-Sipm • DOG PARK 6am-9pm 11800 N DESERT VISTA • SKATE PARK ]am-SUNSET ACTIVITY AREAS ALL RAMADAS HAVE: 1 PLAYGROUND ACTIVITY AREA LIGHTS • ELECTRICAL OUTLETS 2 SKATE PARK • HANDICAP TABLES ALL FIELDS ARE LIT , �? 004 PASSIVE/SMALL DOG PARK OR NY WAS H — 2 SHADE STRUCTURES — 1 SHAME NG FOUNTAIN — 1 PET DRINKING FWNTAIN OPERATIONS BUILDING - RESTROOMS - CONCESSIONS - MAINTENANCE OFFICE ACTIVE/LARGE DOG PARK G - 4 SHADE STRUCTURES - 2 DRINKING FOUNTAINS ® - 2 PET DRINKING FOUNTAINS CoryOR I o� 3 h� SAXON OR �y MULTIPURPOSE FIELDS 2 COYOTE RAMADA — 2 TABUS 1 BAROQUE JAVALINA RAMADA - 2 TABLES SlookOR SF BARSQUES S,gGG R�fOFF'O qRp 0y O go rN N a w r p \•9jAt6.t is A<i'sA�• J y SHEA BLVD APPENDIX C: Grant Project Profile Worksheet 2253174.5 GRANT PROJECT PROFILE WORKSHEET 1. In one sentence, describe your project This grant would allow us to install lighting at idea. What will you do? Where? With the Desert Vista Skate Park to allow evening whom? When? And why9 use of this popular amenity. 2. What broad categories of Town needs It expands the usability of a popular recreation or opportunities does your project amenity that engages teens and young adults in address? (Think in terms of general an active and healthy way. labels or frames.) The Town needs more activity outlets for teens 3. Describe the specific need or issue in and young adults. The skate park is a popular the Town that your project will address. feature in our parks but has limited use in summer months due to the heat and no lighting for evening use. 4. What specific changes or outcomes do We intend to increase the usership of the skate you intend to achieve in the Town as a park by extending the hours of use to include result of your project? evenings. 5. What are the major steps you will need WE will need to develop the scope of the to take to make these changes happen? project, bid, construct and install permanent lighting on site. 6. What resources will you need to We will need to work our Park Supervisor, accomplish these steps? (people, Zoning Dept to ensure lighting compliance, equipment, materials, training, supplies, Public Works consult for construction and services, other Town departments, etc.) installation. 7. Approximate total cost: $ 70,000 ($46,200 in grant) Match $ $23,800 8. Who else has a vested interest in working with you as partners on this problem or opportunity? 9. What information, tools, data, etc.., will We will be able to track evening users of the you use to decide whether your project skate park. succeeded? 10. Who will be thegrant project manager? Rachael Goodwin Submitted By: R Goodwin Date:: 4/10/17 Telephone: 480-816-5135 2253174.5 RESOLUTION 2017-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA SPORTS AND TOURISM AUTHORITY FOR INSTALLATION OF LIGHTING AT DESERT VISTA SKATE PARK; AND APPROVING THE ACCEPTANCE AND EXECUTION OF ANY RESULTING GRANT AGREEMENT. WHEREAS, one of the four core missions of the Arizona Sports and Tourism Authority ("AZSTA") is to fund youth and amateur sports projects and programs such as new construction, lighting, equipment, or renovations for non-profit entities and municipalities within Maricopa County; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") desires to submit a grant application (the "Application") to be considered by AZSTA for funding to install lighting at Desert Vista Skate Park (the "Project"); and WHEREAS, the Town Council desires to authorize (i) the acceptance and execution of any resulting grant funds and (ii) expenditure of the necessary matching funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The submittal of the Application to AZSTA for funding in the amount of $46,200.00 is hereby authorized. SECTION 3. The expenditure of a local match in the amount of $23,800.00, as required by the Application, is hereby authorized and officially designated to be used in conjunction with the AZSTA funds. SECTION 4. The commitment to complete the Project within 12 months of award, as required by the Application, is hereby authorized. SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to (i) execute and submit all documents and any other necessary or desirable instruments in connection with the Application, (ii) execute any resulting grant agreements and other documents, and (iii) take all steps necessary to carry out the purpose and intent of this Resolution. 2939795.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, April 20, 2017. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2939795.1 2 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney L�`e of ArizLEGISL BULLE4Vz- Issue 13 - April 7, 2017 Legislative Overview Today is the 89th day of session. The focus of the legislature this week was to take action on companion bills in the House and Senate seeking to expand eligibility for the Empowerment Scholarship Account program. The bills were approved by the legislature Thursday evening and submitted to the governor following intense and lengthy floor debates in both chambers. The House and Senate prepared to take action on other measures on Thursday as well but had postponed for a later day. Tuesday, April 18 will mark the 100th day of session but it is unlikely the legislature will adjourn sine die by this date as there are still a number of bills working through the process and no official action has been taken on an FY '18 budget. As of today, 152 bills have been approved by the legislature; the governor has signed 138 bills into law and vetoed three measures. State Budget So far, there has been little support at the legislature for the universities' bonding proposal mechanism that was included in the Executive Budget. Even those members who would like to see the universities get additional funding are concerned about the concept of recapturing transaction privilege taxes (TPT). University representatives have said they don't believe they should have to pay TPT because they are part of state government. They go on to say that government entities are exempt from taxes in most other states. This is misleading. Most other states impose sales taxes rather than transaction privilege taxes. Under our state's tax structure, all entities, including public bodies, are required to remit taxes. Many members legitimately believe allowing the universities to escape this responsibility will undermine our existing tax system and lead school districts, municipalities, community colleges and even the federal government to want similar treatment in order to keep these funds for their own use. We are also starting to hear concerns from members as they learn about the long term costs of the proposal. Universities already have an existing bonding program in statute that runs through FY 2030-31. The new bonding proposal would add to these current obligations and significantly increase the state's debt. It would also shift monies from the general fund to the universities' operations without the legislative oversight of the annual appropriations process. It is unfortunate we are being pitted against universities in this funding discussion, particularly since municipalities all around the state have successfully partnered with higher education. There are a number of ways universities could receive the long term funding commitment they want without negatively impacting the policies relating to TPT or revenue sharing. Many cities and towns would like our state universities to receive additional resources. However, until there is a proposal that doesn't undermine these critical systems, they are unable to express their support. We ask that you continue to communicate with your members about these concerns. CALL TO ACTION As you will recall from previous Bulletin articles, HB 2419 (Now: municipal and county occupational licenses) would only allow cities and towns to license those professions they current regulate. Municipalities could not license any new professions without first seeking permission from the state legislature. Additionally, the bill caps fees for existing licenses indefinitely at their current level. Local licensing typically addresses areas which are not regulated by the state but that have been raised as concerns by our residents. These include professions such as street vending, secondhand dealing and adult-oriented occupations. Having a flexible local licensing system is vital to maintaining some control over professions that can quickly devolve into illegal or dangerous activities if they are completely unregulated. We understand the proponents may agree to amend the bill to address some of the technical issues with the legislation and may also allow cities and towns to continue to regulate adult-oriented businesses. However, this does not resolve concerns about other professions that operate strictly at the local level and pose risks to our resident nor does it take into consideration new professions that may emerge over time. In addition to our concerns about the content of the proposal, we are deeply concerned with the manner in which this legislation has come about. Senator Steve Smith, R- Maricopa, LD 11, introduced the concept as a last minute strike -everything amendment that was heard during the final Senate Finance committee of the session. There has been no committee or floor discussion on the issue whatsoever in the House. There was no stakeholder process either before the amendment was posted or after it was adopted in committee. It is our understanding the idea came from an out of state organization and that there is no local constituency (other than the lobbying firm who was hired to push the legislation) who wants the bill. We have always been willing to work with organizations on issues impacting businesses and local governments to find compromise when possible. However, if we are not invited to the table to work out concerns and to alleviate unintended consequences, we should oppose attempts to preempt local governments. The bill is ready to be heard in the Senate Committee of the Whole. Please reach out to your legislators to raise the concerns about the substance of the bill and about the lack of process in making this public policy. EcoATMs This week a stakeholder meeting was convened with representatives of EcoATM, cities and towns and law enforcement associations to discuss HB 2030 S/E: automated kiosks; operations, sponsored by Rep. Heather Carter, R -Phoenix, LD 15. During the meeting, EcoATM representatives provided an overview of the kiosk's technology that allows consumers to exchange used mobile devices for cash using software that tracks and reports the transaction to local law enforcement and explained how the industry cooperates with law enforcement to return stolen devices that are sold at the kiosk. During the meeting law enforcement representatives shared concerns regarding the potential for increased theft and sale of stolen mobile devices at these kiosks as they provide the opportunity for criminals to obtain quick cash. They explained the legislation as drafted is problematic as it allows for items sold to be transported out of state during the 20 -day hold period, which will make it difficult for law enforcement to retrieve the device for an investigation. The bill does not provide the resources needed by police departments to track down and return stolen property. The stakeholder meeting concluded with no commitment from EcoATM to amend the bill to address the concerns raised by law enforcement. We have requested the bill be held from further consideration this session to allow stakeholders to meet in the interim and discuss the issue; however, EcoATM has not committed to do this either. The legislation was offered as a strike -everything amendment on the last week to hear bills in a standing committee with no input from cities and towns or law enforcement. Our concern is there is insufficient time left in the legislative session to allow for further discussion on this issue. The bill has been scheduled for a Rules Committee hearing in the Senate for next week. Legislative Bill Monitoring All bills being actively monitored by the League can be found here. .fz- PF.AZLEAGUE.ORIG es BULLETIR�T©v�rns WWW Issue 14 - April 14, 2017 Legislative Overview Today is the 96th day of session and this week floor activity remained at a moderate pace as both chambers worked to debate, amend and vote on bills. There has been no visible movement and no certainty of when we will see the FY '18 budget. Meanwhile, both chambers are gradually processing bills and scheduling conference committees as budget discussions continue in the House and Senate and negotiations continue with the governor. To date, 171 bills have been passed by the legislature; 149 signed and four have been vetoed by the governor. ABOR Proposal and State Budget Small groups continue to meet and we continue to hear the Arizona Board of Regents' bonding proposal remains a major sticking point. Legislators have not been receptive to the mechanism proposed in the Executive budget for a number of reasons. First and foremost, it undermines our transaction privilege tax and shared revenue systems. Additionally, as legislators start to understand the overall cost of the program, it is becoming equally concerning to them that the proposal would give universities hundreds of millions of dollars without the oversight of the legislative appropriations process. A number of legislators seem inclined to provide additional funding for a university bonding program but are still unwilling to agree to the proposed mechanism. Local governments have no objection to the universities receiving additional revenues but also oppose the mechanism. However, until this deadlock is broken, it is unlikely a budget agreement will be reached. We encourage you to continue to reach out to your legislative delegation about our concerns with the bonding proposal. In other budget news, we hear that restoring some of the Highway User Revenue Funds (HURF) that has traditionally been swept to fund Highway Patrol operations remains a high priority for members. We will continue to encourage the restoration of these monies and ask that you do so as well. CALL TO ACTION HB 2419 Now: municipal and county occupational licenses would only allow cities and towns to license those professions they current regulate. Municipalities could not license any new professions without first seeking permission from the state legislature. Additionally, the bill caps fees for existing licenses indefinitely at their current level. The representatives of the out-of-state think tank that is pursuing the legislation had never reached out to us regarding the strike -everything amendment either before or after the bill was heard in committee. With the help of the sponsor of the underlying bill, Rep. Vince Leach, R -Tucson, LD 11, we had set up our first meeting to discuss our concerns with them. Unfortunately, before we could even hold that meeting to discuss potential ways to resolve our concerns, the proponents pushed the bill through the Senate Committee of the Whole (COW). The bill was amended in COW to add an exception that allows cities and towns to "impose an occupational fee or licensing requirement that is demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern." This language is cumbersome and vague. If we have no measurable means "to demonstrate" the necessity of the regulation because if it is a new field that does not have any history in the state or city or town, it may mean we would have to allow the occupation to be unregulated for an unspecified period of time until someone is harmed. This is bad public policy. In our disruptive economy, new technologies and occupations are being developed every day. We cannot anticipate what will emerge in the future. As amended, this bill continues to pose a danger to the public since our local officials may be powerless to protect our residents due the restrictive language. The bill will probably be voted on in the Senate on Monday. This is our best opportunity to stop this bad legislation so please contact your legislators and ask them to vote "NO" for the following reasons: • There has been no evidence provided to indicate we are over regulating at the local level. In fact, there is agreement that our local licensing protects the public from significant harm. • There is no local constituency advocating for the bill. • We cannot predict the future so we do not know what unintended consequences this bill will create. • This bill has not had the thorough vetting it should have in order to make such a sweeping change to an important public policy. PSPRS Reform Bills SB1063 NOW: PSPRS; risk pool, sponsored by Sen. Debbie Lesko, R -Peoria, LD 21, received a do -pass recommendation in House Committee of the Whole on Wednesday. The bill enacts most of the final details from last year's SB 1428 that created a new Tier III for the PSPRS system. Tier III begins with public safety employees hired on or after July 1, 2017. This bill creates a single Risk Pool for Tier III PSPRS members whose plans have 250 or fewer active members and leaves those with more than 250 active members as separate plans. The bill also establishes a 50-50 contribution schedule for employees and employers for the normal costs and unfunded liability for the new tier, and requires employers to pay 100 percent of the cost for any decision that produces a deviation of more than 20 percent above the average of all employers over a 24 -month period. The League supported the bill and thanks Senator Lesko for her work over the last two years in leading the reforms of the PSPRS system. SB 1442 NOW: modifications; corrections officer retirement plan, received final approval in the Senate this week and was sent to the governor for his signature. The bill, sponsored by Sen. Debbie Lesko, R -Peoria, LD 21, deals primarily with members of the CORP (Corrections Officer Retirement Plan) but does have a provision that applies to cities and towns and their Tier I and II unfunded liability. The bill establishes 20 years as the default amortization period for the unfunded liability, but allows an employer to request an amortization period of up to 30 years by passing a resolution of the governing body and sending that resolution along with a written request for the additional amortization time, to the PSPRS Administrator. There is also a requirement to post the employer's funding ratio for each of their PSPRS plans on their public website. Legislative Bill Monitoring All bills being actively monitored by the League can be found here.