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HomeMy WebLinkAbout170815PAIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE 9y'hat�� ti°°e 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: 4:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 5:30 P.M. —REGULAR SESSION WHEN: TUESDAY, AUGUST 15, 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\rl70815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body; and, (ii) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation [specifically relating to: (a) revisions to the Americana Development Agreement, (b) revisions to the Palisades Resorts Development Agreement, and (c) the Park Place Development Agreement.] 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of SCHOOL RESOURCE OFFICER Maricopa County Sheriff Deputy Jill Ochsner for her service to Fountain Hills. iii) RECOGNITION of Phyllis Kern and Kathy Martis for their Fourth at the Fountain fundraising efforts and continued support to the Town of Fountain Hills. iv) RECOGNITION of Community Services Director Rachael Goodwin's recent Certified Public Manager designation achievement. v) RECOGNITION for the Town receipt of 2017 Governor's Tourism Award from the Arizona Office of Tourism for the Outstanding Marketing Campaign for the "Get out of the Valley and into the Hills" initiative. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 2 of 4 Consent Agenda 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 June 13 and 15, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Juvenile Diabetes Research Foundation (Vickie McWatters) for the promotion of a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 15, 2017, from 7:00 AM - 1:00 PM. 3. CONSIDERATION of approving RESOLUTION 2017-24, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easement located at the southerly property lines of Plat 505-D, Block 2, Lot 53 (16620 N. Agate Knoll Place), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. (EA2017-04) 4. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT with Urban Energy Solutions, Inc. (C2018-017), in the amount of 100,000.00, for energy management system maintenance and repair. 5. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT (C2018-013) with Precision Electric Company, Inc., in the amount of $120,000.00, for maintenance services on the Town's pumps and pump stations. Regular Agenda 6. CONSIDERATION of a REIMBURSEMENT AGREEMENT with Firerock Community Association, Inc. for reimbursement of public art funds to be expended, in the amount of $143,555.86, on a public art project at the entrance of the Firerock Development on Shea Boulevard. 7. CONSIDERATION of TERMS AND CONDITIONS, relating to the Operations Agreement between the Town and the Chamber of Commerce, for the Visitor's Center. 8. CONSIDERATION of RESOLUTION 2017-28, the first amendment to the development agreement between the Town of Fountain Hills and the Americana Development & Building Co., LLC. (Case #DA2016-01.1) 9. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 3 of 4 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 8th day of August, 2017. Bevelyn J. Bender, Town Clerk 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\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 4 of 4 AIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE 9y'hat�� ti°°e 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: 4:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 5:30 P.M. —REGULAR SESSION WHEN: TUESDAY, AUGUST 15, 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\rl70815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body; and, (ii) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation [specifically relating to: (a) revisions to the Americana Development Agreement, (b) revisions to the Palisades Resorts Development Agreement, and (c) the Park Place Development Agreement.] 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of SCHOOL RESOURCE OFFICER Maricopa County Sheriff Deputy Jill Ochsner for her service to Fountain Hills. iii) RECOGNITION of Phyllis Kern and Kathy Martis for their Fourth at the Fountain fundraising efforts and continued support to the Town of Fountain Hills. iv) RECOGNITION of Community Services Director Rachael Goodwin's recent Certified Public Manager designation achievement. v) RECOGNITION for the Town receipt of 2017 Governor's Tourism Award from the Arizona Office of Tourism for the Outstanding Marketing Campaign for the "Get out of the Valley and into the Hills" initiative. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 2 of 4 Consent Agenda 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 June 13 and 15, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Juvenile Diabetes Research Foundation (Vickie McWatters) for the promotion of a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 15, 2017, from 7:00 AM - 1:00 PM. 3. CONSIDERATION of approving RESOLUTION 2017-24, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easement located at the southerly property lines of Plat 505-D, Block 2, Lot 53 (16620 N. Agate Knoll Place), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. (EA2017-04) 4. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT with Urban Energy Solutions, Inc. (C2018-017), in the amount of 100,000.00, for energy management system maintenance and repair. 5. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT (C2018-013) with Precision Electric Company, Inc., in the amount of $120,000.00, for maintenance services on the Town's pumps and pump stations. Regular Agenda 6. CONSIDERATION of a REIMBURSEMENT AGREEMENT with Firerock Community Association, Inc. for reimbursement of public art funds to be expended, in the amount of $143,555.86, on a public art project at the entrance of the Firerock Development on Shea Boulevard. 7. CONSIDERATION of TERMS AND CONDITIONS, relating to the Operations Agreement between the Town and the Chamber of Commerce, for the Visitor's Center. 8. CONSIDERATION of RESOLUTION 2017-28, the first amendment to the development agreement between the Town of Fountain Hills and the Americana Development & Building Co., LLC. (Case #DA2016-01.1) 9. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 3 of 4 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 8th day of August, 2017. Bevelyn J. Bender, Town Clerk 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\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 4 of 4 AIN�l ° n NOTICE OF THE MW mw. 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: 4:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 5:30 P.M. —REGULAR SESSION WHEN: TUESDAY, AUGUST 15, 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\rl70815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body; and, (ii) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussion conducted in order to avoid or resolve litigation [specifically relating to: (a) revisions to the Americana Development Agreement, (b) revisions to the Palisades Resorts Development Agreement, and (c) the Park Place Development Agreement.] 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Moment of Silence ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of SCHOOL RESOURCE OFFICER Maricopa County Sheriff Deputy Jill Ochsner for her service to Fountain Hills. iii) RECOGNITION of Phyllis Kern and Kathy Martis for their Fourth at the Fountain fundraising efforts and continued support to the Town of Fountain Hills. iv) RECOGNITION of Community Services Director Rachael Goodwin's recent Certified Public Manager designation achievement. v) RECOGNITION for the Town receipt of 2017 Governor's Tourism Award from the Arizona Office of Tourism for the Outstanding Marketing Campaign for the "Get out of the Valley and into the Hills" initiative. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 2 of 4 Consent Agenda 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 June 13 and 15, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Juvenile Diabetes Research Foundation (Vickie McWatters) for the promotion of a fund raiser to be held on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on Sunday, October 15, 2017, from 7:00 AM - 1:00 PM. 3. CONSIDERATION of approving RESOLUTION 2017-24, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easement located at the southerly property lines of Plat 505-D, Block 2, Lot 53 (16620 N. Agate Knoll Place), as recorded in Book 158, Page 41, records of Maricopa County, Arizona. (EA2017-04) 4. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT with Urban Energy Solutions, Inc. (C2018-017), in the amount of 100,000.00, for energy management system maintenance and repair. 5. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT (C2018-013) with Precision Electric Company, Inc., in the amount of $120,000.00, for maintenance services on the Town's pumps and pump stations. Regular Agenda 6. CONSIDERATION of a REIMBURSEMENT AGREEMENT with Firerock Community Association, Inc. for reimbursement of public art funds to be expended, in the amount of $143,555.86, on a public art project at the entrance of the Firerock Development on Shea Boulevard. 7. CONSIDERATION of TERMS AND CONDITIONS, relating to the Operations Agreement between the Town and the Chamber of Commerce, for the Visitor's Center. 8. CONSIDERATION of RESOLUTION 2017-28, the first amendment to the development agreement between the Town of Fountain Hills and the Americana Development & Building Co., LLC. (Case #DA2016-01.1) 9. 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. z:\council packets\2017\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 3 of 4 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 8th day of August, 2017. Bevelyn J. Bender, Town Clerk 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\r170815\170815a.docx Last Printed: 8/8/2017 1:52 PM Page 4 of 4 �/e,4. -LQ� . ti� , P, Meeting Date: 811512017 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; 480-810-5115; bbender@fh.az.gov Council Goal: Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving; the TOWN COUNCIL. MEETING MINUTES from June 13 and Tune 15, 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 casts; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: rya 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 Prepares! by: Bevelyn Bender, Town Clerk 811/2017 Approved: Grady E. Miller, lzn ager 8/212017 Page 1 of 1 TOWN OF FOUNTAIN HILLS y x TOWN COUNCIL Meeting Date: 811512017 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Grace Guetter, Communications and Marketing Coordinator 480-816-5165 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Juvenile Diabetes Research Foundation (Vickie McWatters) for the promotion a fund raiser to be lield on the Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon and 5K Run, on. Sunday, October 15, 2017 from 7:OOAM - 1:00.PM. Applicant: Vickie McWatters Applicant Contact Information: 317-270-4242;4343 E. Camelback Rd. Suite 230 Owner: Owner Contact Information: Property Location: Avenue of the Fountains, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Vickie McWatters representing the Juvenile Diabetes Research Foundation, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach 'Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve Liquor Application List Attachment(s): Applications SUGGESTED MOTION (forcouncii use): Move to approve the Special Event Liquor Licenses as presented. Prepared by: Page 1 of 2 Gr.Tce Redmaa--Guetter, Communications arketing Coordinator 7/10/2017 Director's Appfovpt: Rachael oq fin, nterim Community Services lrector 711 812 01 7 Approved: Grady E. biller, To 0 ager 7110/2017 Paget of? IC R DLLC Ill h LYS Event Datellsl: A ibonc C eF c rtmerli of Liquor licenses and Corllnol 800 W Wavhingtorl 5th Floor Event time) clad/enc: Phoenix, Aa 89007-2931 CSR: www.aaliquoii.clov (602) 542-9141 Lieeill A HFILIC ATION ROR SPEC IA I EVENT LIC E NSE Fee= $a9.(la pier day loll 1 -ICI c ays Qcorneauiivej Cash Checks oil McirleyOlden Orlly A service fee cif $25I.C10 will be ahangec for all dishonored checks 1A.R.S. 110-61852; INIRORTANT INFORN ATION: This documeni rr t: sf_t el dully torr gleted all it will be ueti fined. The Depar rvarlt of liquou Licenses anc Corltial muss neaeiive this applliciaticinl ierl (10) businless cays prior to the eveinll. III ihei speiciial e%eni will be h eile at a locialicirl wiihout a penmanlerlt liqu cm license all lha evelnli will bean arty plarticirl al a locfaticinl that is rloi ao%eill by the eAsling liquou license, chis ciplFlllacitianl muss bel aplprcivec ty ihei lacal gcivemmerlt tell submission is the Deiplarlmend oil liquou licenses arlc Canircil Qsee Seictianl 191. SECTION 1 Name of Ougarlizaiion: DRF Intellnaiional SECTION 2 Nclrl-Rnofft/IRSI TaA E)arript Ncmk en: 23-1907729 SECTION 3 Tf a ougarli,raiion is a: (check one boA orily) ✓❑C r ariiak lei❑Fraienrlal (muni rave regc Ian membail iKl and have been in existence fail oven five (5) years) ❑RelligioLs ❑Civic) (Rotary, College Scf olaliship)❑Political Rary, Ballot Measures on Campaign Commiiteer SECTION 4 Will this elveni be held an a currerri% liaeinsed pnemise arid wiirin ft a alueady appraved pinemisesa❑Yes [Z]No Name of 1 usin ess Llaense Number Ihone (ii alude Alea C lode) SECTION 5 How is ihis special everli going la conduct all dispensing, serving, arid selling of spirilcocs ligl.orsa Rlaase lead R-19- 318 fan e)pllarlaiiorl (lank in special evens planning gc is e) arid checH orla oil the follav` ing bo> es. ❑Hlaael license in rlon-L se 1-71 Dispense and serve all iplifiiuous Iigc oils under netailElli's IICIEInSe ✓❑Dispenser and serve all ipliniiuous lige oils under special everrli ❑Split premise beMeen special erveril and neiail laaaiion IPA NO71 LSIING RE 11411 LIC ELME, SUMMIT A LETTEIR CIF AGRBEIMEN71 FROM MB AG BNII/OWNEIR CIF Ill LIC BNSIBD AFIBMISIE 110 SUSFIEND Ill IICBN;IB DUIING ]Hfl EMENT. IF 71HB SIPBC IAE SMEN71 V1 ONLY LSIING A RGRNCIN Oil Al AG8N71/CIWNBFI WILL NBEID 1101 SIUSIPBND MATT FC IAIIION OF 71HB PRIM ISR) SECTION 61 WI' ai is the pure ase cd this everlta ❑On -liter const mptian ❑df1-site (auctian) [:1Bach SECTICIN a loaaiion of ire EN errlt: AvenL a oil the FOL ntains- HebAleen L a Montana and Verde River Addliess of Location: 'I 6705 8 Avenue of the Fountain Founiain Hills Mallicopa AZ 85268 Sheet Clity CIUUNT1 State lip SECTION EI Willi his be stacked v` iih a wine fesiival,lanaft c isiillefn felsii\ ala ❑Yes [Z]No SECTION SI Applicani muni L er a rnermbar of ire c1c aliNing cinganiaaticirl arid a�.tf afiized Ly arl ClIlicler, Oinecion ou C rairpemsorl a] tY A 0nganiaation named in Seciio l 1. (AL ihouizing'.ignatl fie is regL ined in Sercliion 1;1.) 1. Apiplicani: McWattells Vickie I asst first Middle Date of Birtl �I. Applicant's mailing addreus: 4343 E. CameNziaH Rd SLiie 2,3aFlhclerib AZ E190181 Clity State )lip :I. Applicant's r time/dell phone Redacted Appliaani's k c siriw! pl' orle: ((ICM) 32,e-181221 z. Applicant's email adc fiess: VIl1CW attell9 C/ jdrf.oll1l 3/1,1201 el PclgEl I cif 4 Inc ivicucds rEiquining ADA claaarri lot citians call (602)542-9027. SECTION ICI 1. Hai 11-e applicant beer) ciorl,,iclied of a felony, or had a liqLarllicerlse nevokElc witl-in 11-e Iasi five (3) yElans�l [ Yes ❑✓ % a Illi ye!, attach axplanatian.l 2. Haw many special e�erlt licenses have been issued io ihis Iocialiarl 11 -is year'cl C ii number aannai exciaec 12 avenis pen year, eaicupilions under A.R.S. §4-21(13.1)191(0).) �I. Is the organisation using tr e services al a pramoter on oil- E1r pElrson to manages 11- EI everli?I❑✓ Y EIs ❑i II1 yea, attach a aapy of the aclneemeni.I z. I. ist all peoplEl arid organisations wV a will necElive the proceeds. A cclaL rli fon 1 CICI% of 11- e pili s. The orcianisaticirl aKlplying muti receive 211% all the gnoss rEliElnLes till the special EINent liquor sales. Atiacr an additional Klage it necessary. Name � UVEICIIIEI DiabetES RelSE ai AOUCIdaflon PercElrllagEl: 101 A ddrElls 4343 t3. Carrlellback Rd Suites 230 Preei lame A ddrElss Pt oenix A a 85018 C lity Si ai a 211p RElrcentage: Street cis) Siaie Zip EI. Please read A.R.S. §1 z -203.0,'l Sl dial event license; rules arlc Rl"1-1-205 1inemElrlis flop a floecial Bverli LicensEl. Note: A LL ALCOF OLIC BE VE RA CIS SIALESI NIL SII HE FOR C ONSIUMPIION Al IHE EV ON] SIZE CIN 111. "NO A LC CIF CILIC BEVERAGES SHALL I l VE SIM IAL EV EN1 UNLESS THEY A RE IN AUCTION SEA LED C CINTA INEF S OR 1F E SREC IA I EVEi II LIC ENSE IS SIIAC N ED WI1F WINE /CRA FT DISTiI LERY FESITIVA L LIC ENSE" E. WI-ai type al security arid coninol measunEls will yat. lake io pnEIvent violations of liquor laws at this everli? llisi type and nurribei all pallae/seicurity per. anned anc type of fencing oi aantiol barrens, If applicable.) 4 1 urni 01 Rolice 6 Numbell of Security Pellsonnel Fencing 23arrien Explanalian: Elecurity at all entrances and exits oil thEl evElnt and baEir ganc en. Elif In -age cleanly stating b8E1r arela. clecunity n anaging ID checks of 71 and oven par icipari upon entening the beer ganden and waistbands will be assigned. 9arriens and fencing will divide the it een ganden from the main event. !IEC TION 11 DatEls arid Hours cd Bent. Days mLs1 1 ciorlseat- ti,,e bpi may Atli Elxcieed 1 C cicinsecuiive days. 3,11,12016 Pac el 2 of 4 Incivic uals nElquirinc AIDAI oaaammacations ciall (A02)542-90211. See A.R.S. § A-214Ie1(151 and 111711 fat leglal hours of servdae. PLEASIEI FILL OUII A SEPARA TE APFELIC A TIOA AOR EIA C H "h ON-CONSIEC UNV9" DAY EN a rIt Start Liciena a End Dale Day of Week Time AM/RM Time AM/PM 1 W 5/2017 Sunc ay TO am 1:00 Pm DAY 1: DAY 1: DAY 3: DAY 4: DAY 1I: DA) E: DAY 7: DA) FI: DAY SI: DAY 10: 3,11,12016 Pac el 2 of 4 Incivic uals nElquirinc AIDAI oaaammacations ciall (A02)542-90211. SOCTION 12 license Klnemi9Eli diagriam. TI -EI licensed puemises fou yoi-r spEloial evens is tr a clmea iri which you arse aLihorizElc to sell, dispElrise or sai-VEI alcoholic bElvenages undEln 'll -EI provisions of your IiClEIrilEl. The followiricl space is to be used to pnepane a c iaguam of your special evElrii liaenjed prElmises. RleasEl show dimElrlsioris, serving arElas, lencirig, barricades, or other conilnol mElaicnei and sElalnity Klosiiiori. N1 3,11 )12016 Page 3 of 4 Indivic ual9 raquininq ACIA accammcdatians call (602)942-9 027. I S Wastrrigt,,n Federal Lxpefiricp FaurAwn Hilts ;7ojnlzj-,1Hilb dZ To,wi Crem — m zi Founam Wit Paks A Mancz-p GAr-yff Office ReFVOW C%A-11OLIf APA a r' H �cl shine favi Fine Jeweir? a IU *Tje GA -3 a Young evota Management a C112r.-O Dank s Lr.sse M xkjve 0 Varnnefs r- - Jan Fu,mUin = WNW Vendor Village 00 0 000 E Town Hall In SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. I,(Print Full Name) Vickie G. MC'WatterS the organization filing this application as listed in Section 9 are tru, correct and complete. X e l 1,111(p6' ifl f eIfB1G iTl declare that i am an Officer. Director or Chairperson of I have read the application and the contents and all statements nt Manager May 31, 2017 602-224-1822 Tftfe/ Position The foregoing instrument was acknowledged before me this State rl'Zo Zit County of My Commission Expires onAyj ) 2, W -rte} U mate Date Phone Number ,J L( Day M t SUZANNE HUG Notary Public - Arizona ✓ Maricopa County • My Comm. Expires Aug 12, Signature a u lc FF W -W SECTION 14 This section is to be completed only by the applicant named in Section 9. I, (Print Full Name) Vickie G. McWafters declare that i am the APPLICANT filing this application as listed in Section 9. I have read the application and the contents and all statements are true, correct and comptete. X evelopment Manager May 31, 2:017 602-224-1822 Signa)"—Title/ Positions Date Phone Number The foregoing instrument was acknowledged before me this F k Day State �: rl "ZUM � County of L All' on Notary Public - Arizona Maricopa County M omm. Expires Aug 12, 2020 My Commission Expires on:.G f Date Signoh re a Not Pubic Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. icor more information, please contact your local jurisdiction: htto:llwww.azliyuor.aov/assets/documents/homepaye_do _slspec event links.pdf. SECTION 1S Local Governing Body Approval Section. I, recommend ❑APPROVAL El DISAPPROVAL (Govemmenf Official) (rrile) On behalf of (City, Town, County) Signature Date Phone LL SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL E]DISAPPROVAL BY: DATE:�� A.R.S. § 41.1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees: enforcement; notice B. An agency shall not bole a licensing decision in whole or in port on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority In stature does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WiTH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION, A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/20)6 Page 4 of 4 Individuals requiring ADA accommodations call (602y542-9027. TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 7/10/17 ■ Streets Division—! Denied • Fire Department Building Safety • Building Division • Community 'Services X • Development Services Grace Guetter • Law Enforcement • Licensing Development Services FR: Grace Guetter, RE: Liquor License Application Communications and Marketing Coord. Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Juvenile Diabetes Research Foundation Applicant: Vickie McWatters Date(s) of Event: Oct 15, 2017 on Avenue of the Fountains, in conjunction with the Craft Classic Half Marathon Date Application Received. 5/21/17 Town Council Agenda Date: 8/15/2017 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Grace Guetter Development Services Bob Rodgers Fire Department Jason Payne Law Enforcement Mark Fisher Licensing Sonia Kukkola x Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS P TOWN COUNCIL rAr'�et is A��,yo AGENDA ACTION FORM Meeting Date: 8115/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: randy Harrel, Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving RESOLUTION 2017-24, abandoning whatever right, title, or interest the Town has in a portion of the certain public utility and drainage easement located at the southerly property lines of Plat 505-D, Block 2, Lot 53 (16620 N. Agate Knoll Place), as recorded in Book 158, Page 41, records ofMaricopa County, Arizona. (EA2017-04) Applicant: Edwin & Dolores Kehe Applicant Contact Information: 16620 N. Agate Knoll Place; Fountain Hills, AZ 85268 Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon a portion of the 10' Public Utility and Drainage Easement at the southerly property lines of Plat 505-D, Block 2, Lot 53 (16620 N. Agate Knoll Place), as shown in Exhibit "A". All of the public utilities have approved of abandonment of this full easement length. However, the southeasterly 10'x10' segment of this PUE should be retained, due to existing utility boxes that lie very close to this easement area (and for potential future utility boxes). A 10' x 10' Public Utility Easement should be granted by the applicant as a stipulation of this abandonment, at the northwesterly corner of this lot, due to the existing and potential future utility boxes lying within or very near to this area. Staff has reviewed the site to determine any drainage issues, in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 53 are required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA Page 1 zif 2. If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Farm: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2017-24, subject to the following stipulation: * Grant a 10'x10' Public Utility Easement at the northwesterly corner of this lot. List Attachment(s): Vicinity Map, Aerial Photo Map, Resolution; Exhibit "A" Map SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 21717-24, abandonment of a portion of the 10' Public Utility and Drainage Easement at the southerly property lines of Plat 505-D, Block 2, Lot 53, with stipulation. I Pref -re by: Randy H rel, wn Engineer 6}),,,12617 Page 2 of 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP TOWN BOUNDARY Nlicl]DWELL MOUNTAIN PARK ------------------ --- ---, r i l r r i r J _: --- -SALT RIVER PIMA hiARICC]PA lIkDIAiV C©NfMLI[VITY 001k 10 NORTH SCALE: 1" = 3560' R YELL_ d 5 4917 DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505D, BLOCK 2, LOT 53 16620 N AGATE KNOLL PL LEGEND LOTL�IN� E ROW EASEMENT ----- FLOODPLAIN SUBJECT SITE N w -Ak�� E ITY s 0 100, 200' --� SCALE: 1' = 200' AERIAL FLIGHT DATE: 10/16 1 "i VGRpSSLAND R YELL_ d 5 4917 DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505D, BLOCK 2, LOT 53 16620 N AGATE KNOLL PL LEGEND LOTL�IN� E ROW EASEMENT ----- FLOODPLAIN SUBJECT SITE N w -Ak�� E ITY s 0 100, 200' --� SCALE: 1' = 200' AERIAL FLIGHT DATE: 10/16 1 RESICILUTICIN 00171-24 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL CIF IIH9 TOWN OF FOUNTAIN HILL, ARIZONA, ABANDONING WHPTEVER RIGHT, IIITLE, CIRI INl19RESl11 IT HAS IN A PORIIION OF THE PUBLIC UIIILIIIY AND DRAINAGE EASEMENIIS LOCATED AT! THE] MOUTH 9RLY RRORBRTY LIN BSI OF PLAN 505-11,BLOCK 2, LOT 53, AS R9COR❑B❑ IN BOOK '98, RAGE Z1, R9COR❑SI OF MARICORA COL N-RY, ARIZONA. (IBA 20' 7-U4) WHEREAS, Ihe N ayor anc Cau ricil of Ihe Nati ri cd Rau nlain Hills IJthEl "Tom n C aunail";, as Ihe gov ginning boc y cd real praplerty lacaied in Ihe Mown oll Fou retain Hills (Ihe "flown";, may rEiquire tl• a dedicaticlri all Flublic slreElls, sewen, waien, drainage, aric ocher ulilily easements an nights -ail -tray within any Flrorlasec sub division; aric WHEREAS, the Tawn Cou nail 11 as Ihe au Ihorily'la aacerli or reject ofilers of dec iaatian cd gri%atEl Flrorlff y by easemEirit, c eed, subdivision, plal ar atl• Em lawfu I means; and WHEREAS, all Flreseni u lility clamplanies ha%e neCEli%ed notillicalion of Ihe gropased abaricarimen'l. NOW IIHERHFORE, BE IT REECILVED BY THE NAYCIRAN❑ COUNCIL OFIIH9TOWN OF FCIUNTP IN HILLS, as 11ollows: SECTION 1. That a Flartian of tl'EI certain 11en foot (10) FlubliC utility aric dnainage easemeni, al tl•EI sou'll-erly pnaFlerty lines oll Plai 9CI9-D,Blocik 2, Lat 5.1, as rElaom EIC in book 198, paclE1 z 1, reciands oil N aniclopa Cou rely, Aril aria, aric as more particularly desclribec in Exhibil A, allachElc herEdo and incanporatec herEliri by rElfenenCEI, ane heneby ceclarEIC tcl be abandonec by the flown. Certain lois within this su bdivisian arEl subject to loi-11o-lol drainage ru ncifi1. ill• EI FlropElrty owriEm is nequirec to pEiss tl' e c Elvelopec flows gerieraled by & e u Flsineam lals aanoss thein pnoperty. SECTION 2. Thal Ihis RElsolulion is arae cd abaric ariment and disalairrlen Ly til EI flown solely far Ihe pu 11FlosE1 oil nemovincl ariy goterilial clouc on tF a titkl is said Flnoperty aric Thai Ihe Mown in no may at1 empIts to aflleat Ihe nighis of ariy Flnivaie Flarty to oppose tl• a at andonmeni an assert ariy night rE19u Iling Ihene frclrrl or ex istiricl pieviou s lo any action by Ihe Town. PASSED AND A11CIP11EI3 BY 1t a Mayor and Council c111he flown c11 Fourilairi Hills, Augu s1 19, 21CI'17. FOR IIHE TOWN CIA FOUN1AIN HILLS: Linc a M. Kzi�anagl• , May an REVIEWED BY: Grac y E. MillE111, Mown Managen AlITESITED TCI: Be%alyn J. BElrider, flown Clenk APPROVED AS -RCI FORM: Aric new J. MCC Iu irE1, Tam n Attorney m TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT '"A" PLAT 505D BLOCK 2 LUT 53 ti �r NEW BY E 1�vo L N �- 00" 10'X10' PUE1r3�, ` SEPARATE INSTRUMENT "l l 0 =58'05'00" " BLOCK 2 R =20.00' LUT 53 L =20.28' v c� RETAIN 10'X10' D , P.U.E. & D.E. L0„ tTt 1 ABANDON 10' _ p P.U.E. & D. E. o o_ o © 1 0 w , N 84'15 00 E-105.005 v " -1 1 b N ���p LANo �� L y� I CAF� �G ? 16545° �v iI L RANDY L HARREL 15' 30' ad� �''�t�vA SC = 34' expires 3/311V6 DATE: 6%27%17 r�`�TA'c TOWN OF FOUNTAIN HILLS °� TOWN COUNCIL 0 Ac 7o, AGENDA ACTION FORM �r�a[is P` Meeting Date: 811512017 Meeting Type: Regular Session Agenda Type Consent Submitting Department: Public Works Staff Contact Information: Raymond Rees/480-816-5180/rrees@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of CONSIDERATION ofapproving a CONTRACT with Urban Enemy Solutions Inc (Contract #C.2018-017) in the amount of 100,000, for the enemy management system maintenance and repair. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding. Principle: Staff Summary (background): The Town currently contracts the periodic maintenance and repairs for the Energy Management System (EMS) at the Town Center Complex, In the past, the Town has contracted with Urban Energy Solutions for these services. The current contract has expired. The Town is requesting the approval of a new contract (#C2018-017) with Urban Energy Solutions for one year with four one-year optional extensions. The contract is for periodic maintenance and repairs of the EMS for the Town Center Complex. The amount requested in the CPA is consistent with the historical data for maintenance and repairs in prior years. Risk Analysis (options or alternatives with implications): Inability to perform needed maintenance and repairs to the EMS when required. Fiscal Impact (initial and ongoing costs, budget status): $100,000 aggregate/$ 25,000 annually Budget Reference (page number): p 198 Funding Source: NA if Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Farm: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Cooperative Purchase Agreement and contract #02018-017 SUGGESTED MOTION (torCouncil use): Move to approve the consent agenda Page 1 of 2 P(epaToy: l aytnohd FAes, FacilitieslEnvirofrKn-tal Supervisor 7/19/2017-- Q 11 912 0 1 7 D' tom's rov I: t ustin We dy, in erim Pubic Works Director 712012017 /Ap P r ved: rally E.Miller, Tow arra 712412017 Page 2 oft Contract No. C2018-017 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of August 15, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Urban Energy Solutions, Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, 1 Governmental Procurement Alliance ("1GPA") entered into Contract No. 17-13PV-05 dated May 18, 2017 (the "1GPA Contract"), for the Contractor to provide electrical and lighting products and services. A copy of the 1GPA 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 1 GPA Contract, at its discretion and with the agreement of the awarded Contractor, and the 1 GPA 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 1 GPA Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with electrical and lighting products and services, as more particularly set forth in Section 2 below on an "as -required" basis (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 May 17, 2018 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the 1 GPA Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the 1GPA Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this 3019831.1 Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the 1GPA Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the 1 GPA Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the 1 GPA Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the 1GPA Contract will be subject to rejection. 2.1 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 1GPA 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. 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. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Initial Term and for each subsequent Renewal Term, if any, an annual aggregate amount not to exceed $20,000.00 for the Materials and Services at the unit rates set forth in the 1GPA Contract. The maximum aggregate amount for this Agreement, including all Renewal Terms, shall not exceed $100,000.00. 3019831.1 2 4. Pam. 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 1GPA 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 1GPA Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 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 6 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. 6. E -verify Requirements. To the extent applicable under ARiz. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARiz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. 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. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REV. STAT. § 38-511. 3019831.1 3 9. 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. 10. 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. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved work orders, the 1 GPA 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 1GPA 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 1 GPA 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. 12. Rights and Privileges. To the extent provided under the 1 GPA Contract, the Town shall be afforded all of the rights and privileges afforded to 1 GPA and shall be "1 GPA" (as defined in the 1GPA Contract) for the purposes of the portions of the 1GPA Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to 1 GPA to the extent provided under the 1 GPA 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 3019831.1 4 any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. 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 Contractor: Urban Energy Solutions, Inc. 3312 East Broadway Road Phoenix, Arizona 85040 Attn: Justin Rojas 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 parry shall mean and refer to the date on which the parry, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES ON FOLLOWING PAGES] 3019831.1 5 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] 3019831.1 6 "Contractor" URBAN ENERGY SOLUTIONS, INC., an Arizona corporation Name: C i Title: C F 0 (ACKNOWLEDGMENT) S'T'ATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On J 0 1 Y 12 , 2017, before me personally appeared C lG -1 on (Boo the C P70 of URBAN ENERGY SOLUTIONS, 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 Public (Affix notary seal here) _ ASHLEY N BRODArizona t,. Notary Puhtic,State oMericapa CouMy Commission EAug�uSt 02. 2 30!3831.1 7 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, INC. [I GPA Contract] See following pages. 3019831.1 P Aoow 1Government Procurement Alliance May 19, 2016 Urban Energy Solutions, Inc. Justin Rojas 3312 E. Broadway Rd. Phoenix, AZ 85040 Dear Justin Rojas, 1GPA is pleased to announce that your company has been awarded a contract for the following services based on the bid submitted to 1GPA for IFB # 17-13PV: Commodity/Contract Title: Electrical and Lighting Products and Services Contractor/Vendor: Urban Energy Solutions, Inc. Contract Number: 17-13PV-05 The contract is effective immediately and will expire on May 17, 2018. The contract may be renewed annually for up to an additional four years, if mutually agreed to by 1 GPA and your firm. The 1 GPA partnership can be of great help to participating agencies. Please feel free to provide copies of this letter to your sales representative to assist in their work. Please review the Vendor Welcome Guide that is included in the Award Notification Email. If you have any questions or concerns, please feel free to contact Christy Knorr at the 1GPA office at 480/399-6366 or via email; cknorr& 1 GPA.org. We look forward to working with you and your team! Sincerely, <at"+ ow"-� Jennifer Munoz 1 GPA, Director of Procurement and Compliance 1910W. Washington St. * Phoenix, AZ. 85009 www.lGPA.org Paradise Valley' Unified School District G P .4 1Government Procurement Alliance Paradise Valley Unified School District as the lead agency of 1 Government Procurement Alliance is releasing the following solicitation: Invitation for Bid # 17-13PV Electrical and Lighting Products and Services Bid Due Date and Time: April 18, 2017 at 1:00 P.M. Arizona Time IFB Opening Location: Paradise Valley Unified School District 15002 North 32nd Street Phoenix, Arizona 85032 See enclosed information for submittal instructions. Last Day for Questions: April 4, 2017 Pre -Bid Conference: March 30, 2017 @ 10:00 AM Paradise Valley Unified School District 15002 North 32nd Street Phoenix, Arizona 85032 Note: This IFB will be replacing the following contract: RFP C13-27— Electrical Products and Services ** Current vendors that have been awarded the above contract will need to respond to this IFB in order to have the opportunity to continue servicing 1GPA Members. In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified will be received by the lead agency, at the above specified location, until the time and date cited. Bids received by the correct time and date shall be opened and the bidder's pricing shall be publicly read. All other information contained in the Bid shall remain confidential until award is made. Solicitations shall be in the actual possession of the lead agency on or prior to the time and date, and at the location indicated above. Late solicitations shall not be considered. Solicitations must be submitted in a sealed envelope with the Invitation for Bid number and the Bidder's name and address clearly indicated on the envelope. Additional instructions for preparing a solicitation are provided herein. Bidders are strongly encouraged to carefully read the entire solicitation document. Questions regarding this Invitation for Bid should be directed to Claudia Leon, Director of Purchasing Paradise Valley Unified School District (PVUSD) Date: March 23, 2017 Jennifer Munoz, Director of Procurement, 1 GPA Email: jmunoz(a�1gpa.orq Phone: 480-579-9497 Jennifer Munoz, Director of Procurement 1Government Procurement Alliance (1GPA) 1Government Procurement Alliance (1GPA) 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 Website: www.lgpa.org TABLE OF CONTENTS Documents Referenced Page 3 Introduction Page 4 Bid and Contract Acceptance Form Page 5 Definition of Terms Page 6 Uniform Instructions to Bidders Page 7 Uniform Terms and Conditions Page 12 Special Terms and Conditions Page 19 Scope of Work Page 26 Bid Format Page 34 QUESTIONNAIRE 1: Qualifications and Experience / Responsibility Criteria Page 36 Financial Disclosure Questionnaire Page 38 QUESTIONNAIRE 2: Products and Services Offered Summary Page 39 QUESTIONNAIRE 3: Cost Page 40 QUESTIONNAIRE 4: Past Performance Page 41 References Form Page 42 Performance Evaluation Survey Page 43 QUESTIONNAIRE 5: Value Added Services Page 44 QUESTIONNAIRE 6: Responsiveness / Compliance Page 45 Subcontractor List Form Page 47 Antitrust Certification Statement Page 48 Non -Collusion Affidavit Page 49 Bid Bond Page 50 Performance Bond Page 51 Payment Bond Page 52 1GPA 17-13PV Electrical and Lighting Products and Services Page 2 of 60 TABLE OF CONTENTS (CONTINUED) Certificate of Insurance Page 53 W-9 Form Page 54 MWBE / HUB Form Page 55 EDGAR Certifications Form Page 56 Sealed Bid Return Label Page 60 DOCUMENTS REFERENCED: You may access a copy of the documents referenced within this solicitation at the following web addresses: Arizona Arizona Revised Statutes (A.R.S.) is available at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp The Arizona School District Procurement Rules in the Arizona Administrative Code (A.A.C.) is available at http://azsos.gov/public_services/Title_07/7-02.htm#Article_10 All Other States: For a full listing of Intergovernmental Purchasing Statutes by state, Click Here to be re -directed to 1 GPA website available at: http://1 gpa.org/state-statutes/ Federal: I.R.S. W-9 form (Request for Taxpayer I.D. Number) is available at http://www. irs.gov/pub/irs-pdf/fw9.pdf Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326 https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol t /xml/CFR-2014-title2-vol t-part200-subpartD.xml 1GPA 17-13PV Electrical and Lighting Products and Services Page 3 of 60 INTRODUCTION TO 1GOVERNMENT PROCUREMENT ALLIANCE (1GPA) Who are we? 1 Government Procurement Alliance (1 GPA), is a non-profit national governmental purchasing cooperative which allows public agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors. Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and any other political subdivision. What do we do? We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and awarded in compliance with state statutes, procurement laws and regulations. Contracts are approved and awarded by 1 GPA's lead governmental entities and are only available for use and benefit of all entities complying with state procurement laws and regulations. Why are we preferred? The Cooperative's pooled purchasing power means public and private schools, cities, counties and state agencies, non -profits, as well as colleges, universities and Native American communities can save actual budget dollars on our contracts utilizing best business practices. Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members receive quality products and services at the best price. We service our members by providing in-house knowledge of public procurement practices in conjunction with quality business practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12 months for our members on their own. We pride our firm on our commitment to compliance, innovation, and collaboration. 1GPA 17-13PV Electrical and Lighting Products and Services Page 4 of 60 ISI® AND CONTRACT ACCEPTANCE I The Undersigned hereby certifies understanding and compliance with the requirements in the General Terms and Conditions. Off sror further agrees to furnish the material and/or service in compliance with all terms, conditions, speciflcations, and amendments In the solicitation and any written exceptions in the Bid. 26-4053008 Federal Employer Identification Number Urban Energy Solutions, Inc. Company fame Justin Rojas Printed Name President Title justinrojas@urbanenergyinc.com Primary Email (For Contract Inquiries) Authorized Signature-_� 3312 East Broadway Road Address Phoenix, AZ 85040 City, 480-282-9501 State Company Telephone Number Clayton Boop Accounting I AP Contact Name Clayton boop@urbanenergyinc.corn Accounting / AP Email Zip The Contractor shall not commence any billable work or provide any material or service under this contract until Contractor receives a purchase order/contract from a IGPA member. The Contractor shalt notify 1 GPA of all materials or services provided under this contract and agrees to send a copy of all purchase orders and/or contracts received from members to 'I GPA within 10 days. The contractor shall provide monthly or quarterly (arrangements to be made with IGPA) reconciliation reports based on all contract activity to IGPA. Contractor will be invoiced from these reports. Invoices are due upon receipt. 9 1 GPA BID AND CONTRACT ACCEPTANCE The Bid is hereby accepted: The Contractor is now bound to sell the materials and/or services offered to and accepted by 1 GPA in accordance with the solicitation, including ail terms, conditions, specifications, amendments, etc. This contract shall henceforth be referred to as 17-13PV Electrical and lighting Products and Services Awarded this V 4 day of '� LC I V� ! 20—L—;` This contract shall be effective this day of 20 IGPA Signature: Dake. / 0 Printed Name: ! t « � car Title: �����'�f J'�+`j, Approved By: Paraolse Valley Unified School District 5i nature: Date: f2i -7 Printed Name: anoy 'L J \ TItle: IGPA 17-13PV Electrical and Lighting Products and Services Page 5 of 60 DEFINITION OF TERMS A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows: "Attachment" means any item the Solicitation requires the Bidder to submit as part of the Bid. "Bidder" means a person submitting a Bid in response to an Invitation for Bids "Contract" means the combination of the Solicitation, including the Special Instructions to Bidders, Special Terms and Conditions, and the Specifications and Statement or Scope of Work/Services; the Bid; and any Solicitation Amendments or Contract Amendments, and Member purchase orders. "Contract Amendment" means a written document signed by the 1 GPA that is issued for the purpose of making changes in the Contract. "Contractor" means any person who has a Contract with the 1 GPA. "Cost" means the aggregate cost of all materials and services, including labor performed by force account. "Days" means calendar days and shall be computed pursuant to A.R.S. 1-243. "Exhibit" means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation. "Governing Body" means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils, County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization. "Gratuity" means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. "Materials" means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space. "Member" means a government organization which has entered into a Cooperative Purchase Agreement (CPA) with 1 GPA. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals. "Responsible Bidder or Offeror" means a person who at the time of contract award has the capability to perform the Contract requirements with the integrity and reliability which will assure good faith performance. "Responsive Bidder or Offeror" means a person who submits a bid or proposal which conforms in all material respects to the Invitation for Bids or Request for Proposals. "Services" means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements. "Solicitation" means an Invitation for Bids ("IFB"), a Request for Proposal ("RFP"), or a Request for Quotations ("RFQ"). "Subcontract" means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. 1GPA 17-13PV Electrical and Lighting Products and Services Page 6 of 60 UNIFORM INSTRUCTIONS TO BIDDERS Inquiries A. Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the Bid after the Bid due date and time nor shall it give rise to any Contract claim. B. Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation, shall be directed solely to the Solicitation contact person. C. Submission of Inquiries - Questions and/or clarifications concerning this IFB will be accepted in writing through April 4, 2017 at 5:00 p.m. Request may be transmitted via facsimile or email. Written responses to all written inquiries will be provided and distributed to all recipients of this IFB. Responses and addenda to this IFB, if necessary, are scheduled to be issued by April 7, 2017. No Bidder may rely upon oral responses made by any 1 GPA employee or any representative. Questions and/or clarifications concerning this IFB shall be directed to Jennifer Munoz, jmunoz(o1 GPA.org, or Fax 602-663-9515. D. Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum. 1 GPA will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1 GPA or lead District Personnel. E. Pre -Bid Conference - If a Pre -Bid Conference has been scheduled under this Solicitation, the date, time, and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about the Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment or Addendum. F. Bid Opening: Bids shall be opened on the date and time, and at the place designated on the cover page of this document, unless amended in writing by 1 GPA. The name of each Bidder and the pricing submitted will be read at this time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1 GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection. G. Time Stamp: Bids will be time stamped when received. They will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidders assumes the risk of any delay in the U.S. Mail. Whether sent by mail or by means of personal delivery, the Bidder assumes responsibility for having his Bid deposited on time at the place specified. H. Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation. 2. Bid Preparation A. Forms: - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the form. B. Typed or Ink Corrections. - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid should be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened except as otherwise provided under R7-2-1030. C. Signature(s) on Bids - The Bid and Contract Acceptance document must be submitted with an original ink signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document may result in rejection of the Bid. D. Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified separate section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder's preprinted or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected. 1GPA 17-13PV Electrical and Lighting Products and Services Page 7 of 60 UNIFORM INSTRUCTIONS TO BIDDERS E. Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities in the Bid. F. Cost of Bid Preparation - 1 GPA will not reimburse any Bidder the cost of responding to a Solicitation. G. Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or Addendum shall be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may result in rejection of the Bid. H. Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide the tax rate and amount, if applicable, on the Price Sheet. I. Taxes: 1. Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on manufactured goods. 2. Transaction Privilege Taxes - Arizona School Districts/public entities are subject to all applicable state and local transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes. 3. Property Taxes - Arizona School Districts/public entities do not pay state property taxes. 4. Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member's location if separately stated on the invoice. 5. Payment of Taxes — Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible for collection such taxes and shall forward all taxes to the proper revenue office. All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed by the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which they are conducting business. J. Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. K. Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent contracts, the following shall prevail in the order set forth below: 1. Addenda/Amendments; 2. Special Instructions, Terms and Conditions; 3. Uniform General Terms and Conditions; 4. Scope of Work/Specifications; 5. Attachments; 6. Exhibits; 7. Uniform Instructions to Bidders. L. Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance with the needs of the 1 GPA Member. Products delivered must conform to the products listed under this contract and may not be substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are defective. 3. Submission of Bid 1GPA 17-13PV Electrical and Lighting Products and Services Page 8 of 60 UNIFORM INSTRUCTIONS TO BIDDERS A. Sealed Envelope or Package - Each Bid shall be submitted to the location identified in this Solicitation, in a sealed envelope or package that identifies its contents as a Bid and the Solicitation number to which it responds. The appropriate Solicitation number should be plainly marked on the outside of the envelope or package. B. Electronic Submission - If determined by 1 GPA that electronic submission of Bids is advantageous, 1 GPA will include the electronic submission requirements as well as if the electronic submission is mandatory or optional in the Special Instructions, Terms and Conditions section of the solicitation. Unless otherwise instructed, a facsimile or electronically submitted Bid shall be rejected. C. Bid Amendment or Withdrawal — A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the modification or withdrawal is received before the Bid due date and time at the location designated in the Solicitation. A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided under R7-2-1028. D. Public Record/Confidentiality - Under applicable law, all Bids submitted and opened are public records and must be retained by 1GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be confidential by 1 GPA pursuant to R7-2-1006. If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by A.R.S. §39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified wherever it appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section. E. Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that: 1. The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid for the purpose of restricting competition. It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Bid; and 2. It does not discriminate against any employee, applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local laws and executive orders regarding employment, Executive Order 99-4, 2000-4 and A.R.S. §41-1461 through 1465; and 3. The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and Nationality Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to the immigration status of its employees which requires compliance with Federal immigration laws by employers, contractors and subcontractors in accordance with the E -Verify Employee Eligibility Verification Program; and 4. The Bidder 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 Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the Bid. Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal remedies provided by law; and 5. By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or member; and 6. By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any member, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a 1GPA 17-13PV Electrical and Lighting Products and Services Page 9 of 60 UNIFORM INSTRUCTIONS TO BIDDERS Cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract, grant, loan or cooperative agreement; and 7. In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export Administration Act. 8. The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of this Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. 35-393. 4. Additional Information A. Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern. B. Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bid. C. Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and time shall not be considered except under the circumstances set forth in R7 -2-1028(B). D. Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. E. Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid acceptance, the number of days shall be ninety (90). F. Payment - Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30) days. G. Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1 GPA reserves the right to: 1. Waive any minor informality; 2. Reject any and all Bids or portions thereof; or 3. Cancel the Solicitation. 5. Award A. Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a Contract by individual line item, by a group of line items, by an incremental award, by region, or by location, as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders that 1GPA determines is necessary to meet the needs of its Members. B. Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a Contract. A Contract is not created until the Bid is accepted in writing by 1 GPA with an authorized signature on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute acceptance of the Bid. C. Effective Date - The effective date of this Contract shall be the date that 1 GPA signs the Bid and Acceptance form or other official contract form, unless another date is specifically stated in the Contract. 6. Protests A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with the lead agency representative, Claudia Leon, Director of Purchasing. A. Protest shall include: 1GPA 17-13PV Electrical and Lighting Products and Services Page 10 of 60 UNIFORM INSTRUCTIONS TO BIDDERS 1. The name, addresses, and telephone number of the interested party; 2. The signature of the interested party or the interested party's representative; 3. Identification of the purchasing member and the Solicitation or Contract number; 4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and 5. The form of relief requested. 6. The interested party shall supply promptly any other information requested by 1 GPA or lead agency. B. Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to the Solicitation, shall be filed before the due date and time for responses to the Solicitation. C. In cases other than those covered in section B of the section, the interested party shall file the protest within 10 days after 1 GPA or lead agency makes the procurement file available for public instruction. D. The interested party may file a written request for an extension of the time limit for protest filing. The written request for an extension shall be filed with the 1 GPA Representative before the expiration of the time limit and shall set forth good cause as to the specific action or inaction of 1 GPA that resulted in the interested party being unable to file the protest within the 10 days. The 1 GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 11 of 60 UNIFORM TERMS AND CONDITIONS 1. Cooperative Purchasing — A. Cooperative Purchasing - This contract is based on the need for 1 GPA to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. Although contractors may restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits sales from being made to public school districts may not be considered. Sales without restriction to any members are preferred. B. Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1 GPA and its Members have been established under all procurement laws. C. Cooperative Purchasing Contracts - Bidder agrees all prices, terms, warranties, and benefits granted by Bidder to Members through this contract are comparable to or better than the equivalent terms offered by Bidder to any present customer meeting the same qualifications or requirements. Nothing in this solicitation is intended to establish a most favored customer relationship between 1 GPA and contractor. Contractor may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other customers, it may lower its prices to 1 GPA at the same time by written notice. D. 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 1 GPA members. 1 GPA and its membership reserve the right to obtain like goods and services from other sources. E. Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the award of contracts resulting from each Solicitation. The Lead Agency for this IFB is Paradise Valley Unified School District. 2. Contract Interpretation A. Application of Law - The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement Code, Arizona Revised Statutes (A.R.S.) 15-213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7, Chapter 2, Articles 10 and 11. For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each state in which 1 GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member to ensure this solicitation and ensuing contract complies with the State laws in which they are conducting business regarding use of a cooperative contract. B. Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. C. Relationship of Parties — Vendors receiving contracts under this solicitation are independent contractors. Neither party to this contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract. D. 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. E. No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document. F. No Waiver - Either party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. 3. Contract Administration and Operation A. Records - Under A.R.S. § 41-2548, the Contractor shall retain and shall contractually require each Subcontractor to retain all data and other records ("records") relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 12 of 60 UNIFORM TERMS AND CONDITIONS B. Audit - At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor's or any Subcontractor's books and records shall be subject to audit by 1GPA or Member and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract. C. Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor's processes for producing the materials, at reasonable time for inspection of the materials and services covered under this Contract. 1 GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither inspection at the Contractor's facilities nor testing shall constitute final acceptance of the materials. If 1GPA or Member determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by 1 GPA or Member for testing and inspection. D. Notices - Notices to the Contractor required by this Contract shall be made by 1 GPA to the person indicated on the Bid and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall not be necessary. E. Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior to an award being announced by 1 GPA. After award, contractor(s) may advertise the availability of products and services to Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance. F. Administration Fee - 1 GPA has an Administrative Fee of .00995 (0.995%). The Administrative Fee shall be included in the offeror's net pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices post award. The Administrative Fee shall be a part of the Vendor's unit prices and is not to be charged directly to the customer in the form of a separate line item. G. Purchase Orders/Contracts - The Contractor shall notify 1 GPA of all materials or services provided under this contract and agrees to send a copy of all purchase orders and/or contracts received from members to 1GPA within 10 days. Vendor failure to provide purchase orders and/or contracts may result in contract cancellation. Reporting arrangements must be made for purchase orders issued (see H & I). H. Reporting - The contractor shall provide monthly or quarterly reconciliation reports to 1 GPA based on all contract activity. Reporting arrangements shall be made with 1GPA. At the completion of each period (monthly or quarterly), the vendor provides all sales under their contract in preparation for submission of their Usage Report. The invoice will be based on the net total purchase amounts made through the 1 GPA contract and are due and payable upon receipt. I. Submission of Reports and Fees —Within ten (10) days following the end of the arranged reporting schedule, the contractor shall submit their Usage Report and if applicable, a check in the amount of the administrative fee (0.995%) of their sales transactions through the 1 GPA contract. Contractor's failure to remit administrative fees in a timely manner consistent with the contract's requirements may result in 1 GPA exercising any recourse available under the contract or as provided for by law. Usage Reports and any questions are to be submitted by email to 1GPA's designated email address: cknorr@1gpa.or Administrative Fees shall be made out to "1GPX and mailed to: 1910 W. Washington Street Phoenix, AZ 85009 For more information on the Usage Reports or the Administrative Fee, its calculation, submission or use, contact Christy Knorr at cknorr(cD1gpa.org. 4. Costs and Payments A. Ordering Procedures - Purchase Orders are issued by 1 GPA members to the Vendor according to this Contract. Members and Vendors must send Purchase Orders to 1 GPA at cknorr(cDlgpa.org. 1GPA 17-13PV Electrical and Lighting Products and Services Page 13 of 60 UNIFORM TERMS AND CONDITIONS B. Billings — Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable Member purchase order and 1 GPA contract number. Contractor will invoice Member directly. C. Payment — Payment terms are Net thirty (30) from receipt of Contractor's invoice D. Progress Payments - 1 GPA will permit Members to make progress payments under the following conditions: 1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order 2. Purchase order describes the amounts or percentages and the dates or frequency of payments 3. Payments are made in full compliance with Member's local governing entity rules E. Tax Indemnification - Contractor and all Subcontractors shall pay all federal, state, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all Subcontractors to hold the Member harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation. F. IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file with each Member. G. Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the Member to make reasonable efforts to secure such funds. 5. Contract Changes A. Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor are violations of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments, shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those changes. B. Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract. C. Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract without the prior written approval of 1 GPA. 1 GPA shall not unreasonably withhold approval. D. Novation - If contractor 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. 1 GPA reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor. E. Contract Placed on Hold - 1 GPA 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 contractor to address issues in the written deficiency notice. 6. Risk and Liability A. Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. B. General Indemnification - To the extent permitted by law, 1 GPA and its Members shall be indemnified and held harmless by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible for its own negligence. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 14 of 60 UNIFORM TERMS AND CONDITIONS C. Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless 1 GPA 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 the 1 GPA or Member of materials furnished or work performed under this Contract. 1GPA or Member shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. D. Force Majeure Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections -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. 2. Force Majeure shall not include the following occurrences: a. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversold condition of the market; or 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; or c. Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds, licenses, or permits. 3. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified -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 party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 4. 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. 7. Warranties A. Liens - The Contractor warrants that the materials supplied under this Contract are free of liens. B. Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the School District/Public Entity of the materials or services, they shall be: 1. A quality to pass without objection in the trade under the Contract description; 2. Fit for the intended purposes for which the materials or services are used; 3. Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all units; 4. Adequately contained, packaged and marked as the Contract may require; and 5. Conform to the written promises or affirmations of fact made by the Contractor. C. Fitness - Contractor warrants that any material or service supplied to 1 GPA or its Members shall fully conform to all requirements of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 15 of 60 UNIFORM TERMS AND CONDITIONS D. Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for the materials or services by 1GPA Members. E. Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all applicable federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits. F. Survival of Rights and Obligations after Contract Expiration or Termination Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, 1GPA and its Members are not subject to or barred by any limitations of actions prescribed in A.R.S. Title 12, Chapter 5. 2. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract. 8. Contractual Remedies A. Right to Assurance - If 1 GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, 1GPA may demand in writing that the Contractor give a written assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days specified in the demand may, at 1 GPA's option, be the basis for terminating the Contract under the Uniform General Terms and Conditions. B. Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery of nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it. C. Right of Offset - 1 GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred or damages assessed by 1 GPA or its Members concerning the Contractor's nonconforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and Conditions. 9. Contract Termination A. Cancellation for Conflict of Interest - Pursuant to A.R.S. 38-511 1GPA may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of 1 GPA is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. B. Gratuities - 1 GPA may terminate this Contract if it is determined that gratuities were offered or given by the Contractor or a representative of the Contractor to any officer or employee of 1GPA for the purpose of influencing the outcome of the procurement or securing the Contract, an Amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about Contract performance. C. Suspension or Debarment - 1 GPA may, by written notice to the Contractor, immediately terminate this Contract if 1 GPA determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement unit or other governmental body. D. Termination for Convenience - 1 GPA reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed, and materials accepted before the effective date of the termination. E. Cancellation for Non -Performance or Contractor Deficiency — 1 GPA 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. 1 GPA reserves the right 1GPA 17-13PV Electrical and Lighting Products and Services Page 16 of 60 UNIFORM TERMS AND CONDITIONS to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. 1 GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following: 1. Providing material that does not meet the specifications of the contract; 2. Providing work and/or material that was not awarded under the contract; 3. Failing to adequately perform the services set forth in the scope of work and specifications; 4. Failing to complete required work or furnish required materials/product within a reasonable amount of time; 5. Failing to make progress in performance of the contract and/or giving 1 GPA reason to believe that the contractor will not or cannot perform the requirements of the contract; and or 6. Performing work or providing services under the contract prior to receiving a 1 GPA reviewed purchase order for such work. Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1 GPA. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of the Member on demand. F. Contractor Cancellation: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1 GPA or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice of cancellation is received by 1 GPA. G. Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 10. Contract Claims and Dispute Resolution A. All Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education School District Procurement Code Rule A.A.C. R7-2-1155 through R7-2-1159. 11. Federal and State Requirement A. Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations. Vendor shall comply, when working on any federally assisted projects with the following: 1. The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 — 3708; 29 CFR Part 5) 2. Davis -Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5) 3. Copland Anti -Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5) 4. Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41 CFR Chapter 60) 5. McNamara -O'Hara Service Contract Act (41 U.S.C. 351), 6. Section 306 of the Clean Air Act (42 U.S.C. § 1857h, 7. Section 508 of the Clean Water Act (33 U.S.C. § 1368), 8. Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15). 9. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) 10. Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75- 77 and 81 ("EDGAR"), 11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) 12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to 1 GPA members. B. Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent 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 school district(s) or charter school(s) 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. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 17 of 60 UNIFORM TERMS AND CONDITIONS C. Contractor's Employment Eligibility - By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS § 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1 GPA or Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract. 1 GPA or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1 GPA or Member suspect or find that the Contractor or any of its subcontractors are not in compliance, 1 GPA or Member 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 Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. D. Davis -Bacon — For Federally funded projects subject to the Davis -Bacon Act, the Member shall specify the applicable Davis - Bacon wage decision, prior to the contractor 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. E. Fingerprint and Background Checks - In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school maybe required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception to this requirement may be made as authorized in governing board policy of the Member District. F. Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a company that is in violation of the Export Administration Act. G. Registered Sex Offender Restrictions - For work to be performed at schools, contractor 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. Contractor 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. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. H. Affordable Care Act - 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"). Contractor shall bear sole responsibility for providing health care benefits for its employees who provide services to the District as required by state or federal law. I. Boycott of Israel — Arizona public entities and other states as applicable, the member may not enter into a contract with a company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel. J. EDGAR — When a 1 GPA Member seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. 200 (EDGAR). All Vendors submitting bids must complete the EDGAR Vendor Certification Form contained within this document. K. Texas House Bill 1295 Certificate of Interested Parties — For contract entered into or after January 1, 2016, Texas Government Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into a contract unless the business entity submits a disclosure of interested parties to the governmental entity or state. The law applies only to a contract that either (1) requires an action or vote by the governing body or (2) has a value of at least $1 million. Information from the Commission regarding the requirements, including rules and filing information, are available at the following links: https://www.ethics.state.tx.us/tec/1295-info.htm https://www.ethics.state.tx.us/whatsnew/faq form1295.html https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 1295. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 18 of 60 SPECIAL TERMS AND CONDITIONS 1. TERM OF CONTRACT: It is 1 GPA's intent to award a multi -term contract. The initial term of the resultant contract shall start on date of contract award and shall continue for a period of one (1) year thereafter, unless terminated, cancelled or extended as otherwise provided herein. 2. CONTRACT EXTENSION: 1 GPA reserves the right to unilaterally extend the period of any resultant contract month to month beyond the stated expiration date if that is determined to be in the best interests of Members. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in twelve (12) month increments. 3. RENEWAL OF CONTRACT: Conditions for renewal of the contract shall 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. 4. CONTRACT TYPE: The term contract shall be a percent discount off manufacturer's price list or catalog, or fixed price, or a combination of both with indefinite quantities. 5. FORM OF CONTRACT: The form of contract for this solicitation shall be the Invitation for Bid, and the awarded Bid(s), and properly issued purchase orders incorporating each member's specific policies and P.O. terms and conditions referencing the requirements of the Invitation for Bid. If a firm submitting a Bid requires 1GPA and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the Bid. 6. VENDOR CONTRACT DOCUMENTS: 1 GPA will review proposed vendor contract documents. Vendor's contract document shall not become part 1 GPA's contract with vendor unless and until an authorized representative of 1 GPA reviews and approves it. 7. BID ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the District requires a Bid in response to this solicitation to be valid and irrevocable for ninety (90) days after the opening time and date. 8. BID OPENING: Bids shall be opened on the date and time, and at the place designated on the cover page of this document, unless amended in writing by 1 GPA. The name of each Bidder and the pricing submitted will be read at this time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to authorized 1 GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation document shall be open for public inspection. 9. TIME STAMP: Bids will be time stamped when received. They will be accepted up to but no later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered and will remain unopened. Bidder assumes the risk of any delay in the U.S. Mail. Whether sent by mail or by means of personal delivery, the Bidder assumes responsibility for having his Bid deposited on time at the place specified. 10. AWARD: Contract(s) shall be awarded to the lowest responsible and responsive Bidder(s) whose Bid(s) conforms in all material respects to the requirements and evaluation criteria set forth in the Invitation for Bids. No criteria may be used in bid evaluation that is not set forth in the Invitation for Bids. The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder. 11. MULTIPLE AWARDS: This is NOT an "All or Nothing" bid. 1 GPA has a large number and variety of potential using districts and agencies eligible to participate in the resultant contract. In order to assure that any ensuing contracts will allow 1 GPA to fulfill current and future requirements; 1 GPA reserves the right to award contracts to multiple 1 GPA 17-13PV Electrical and Lighting Products and Services Page 19 of 60 SPECIAL TERMS AND CONDITIONS vendors. Such decision will be based upon consideration of the complex scope of work and bidder(s)' ability to fulfill the needs of members in its entirety. Contractor's ability to provide for a large diverse Membership and geographic areas served will be considered when determining the need for a multiple award. The actual use of any contract will be at the sole discretion of 1 GPA members. Contracts may be awarded by individual line item, groups of line items, incrementally, by region, or by location. The awards will be limited to the least number of bidders that 1 GPA determines is necessary to meet the needs of the participating members. Offeror should consider that 1 GPA may award multiple contracts in preparing their response. The decision to award multiple contracts, only one contract, or to make no awards rests solely with 1GPA. 12. ADMINISTRATION FEE: 1GPA's .00995 (0.995%) administration fee shall be included in Bidder's net price. Contractor shall not add the administration fee to approved contract prices. 1GPA will invoice the Vendor on a monthly basis for the administrative participation fee. The invoice will be based on total sales made through the 1 GPA contract with the Vendor. Invoices will be issued at the time a Purchase Order is received by 1 GPA. Invoices are due and payable upon receipt. 13. PRICING: Contract pricing must be based upon: 1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price 3) A combination of the above 14. DISCOUNTS: Discount Bids must clearly identify percent of discount to apply to contract. If multiple discounts apply, Bidder shall clearly indicate the discounts and applicable materials or services. There will be no reduction discount(s) during the term of contract. 15. PRICING: 1 GPA is requesting a Percent Discount off MSRP or Price Lists to successfully obtain a full line of products and services. Current catalog or price lists, at the time of the Bid, shall be valid for one year from contract effective date unless specifically stated in the bid response. The manufacturer's price list and catalog must be a formally published list for general distribution. The discount percentage shall remain firm for the term of the contract and shall be provided on the price sheet(s) where indicated for each of the manufacturers listed. 16. PRICE ADJUSTMENT FOR DISCOUNT PRICING: Revised Published Price Lists may be used as a means of price adjustment. Revised pricing(s) will not become effective until revised lists(s) are submitted under cover letter identifying the applicable IFB and Contract Agreement number. Vendor cover letter and pricing lists(s) must be dated, signed and submitted to the cognizant buyer, 1910 W. Washington Street, Phoenix, AZ 85009. Contractor must hold the price list(s) firm for the first 12 months of the contract and may request to increase the List Price on an annual basis. 17. PRICE ADJUSTMENT FOR FIXED PRICING: 1 GPA may review a fully documented request for a price increase only after the contract has been in effect for one (1) year. A price increase adjustment shall only be considered at the time of a contract extension and shall be a factor in the extension review process. 1 GPA shall determine whether the requested price increase or an alternate option is in the best interest of the Members. Price increases, if any, shall not exceed the Federal CPI. 18. PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice. 19. PRODUCT DISCONTINUANCE: 1 GPA may award a contract for a particular manufacturer and/or models of equipment as a result of this solicitation. In the event that the manufacturer discontinues the product or model, 1 GPA 17-13PV Electrical and Lighting Products and Services Page 20 of 60 SPECIAL TERMS AND CONDITIONS 1 GPA at its sole discretion may allow the Bidder to provide a substitute for the discontinued item. The Bidder shall request permission to substitute a new product or model and provide the following: A. A formal announcement from the manufacturer that the product or model has been discontinued. B. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required and remains within the same category defined by the original solicitation. D. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. E. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model. F. As applicable, if a sample is requested, notification will be given whether the sample is acceptable, or is rejected, a reason shall be given. 20. QUANTITIES: 1 GPA estimates considerable activity resulting from this award. Based on historical data from previous contracts as well as member surveys, 1GPA estimates usage of this contract to $5 Million annually. Paradise Valley Unified School District estimates an annual volume of $1 - $2 million annually under the awarded contract. 1 GPA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased and/or usage of contract(s) from cooperative members. 21. SHIPPING TERMS: Prices shall be F.O.B. Destination to Member's location. Contractor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the contractor. All claims for visible or concealed damage shall be filed by the contractor. 1 GPA Members will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for inspection. 22. DELIVERY: Contractor shall deliver conforming materials in each installment under this contract and may not substitute nonconforming materials. 1 GPA reserves the right to declare a breach of contract if contractor delivers nonconforming materials to any Member under this contract. 23. INSTALLATION: The Bidder shall protect all furnishings from damage and shall protect the Member's property from damage or loss arising in connection with this contract. He shall make good any such damage, injury or loss caused by his operations, or those of his employees, to the satisfaction of the Member. The Bidder shall confine his equipment, storage of materials and the operation of his workmen to the limits as indicated by the Unit Foreman in the area in which the work is being performed. Any damage caused to Member's facilities, lawns, etc., shall be repaired immediately or replaced at no expense to the District. The successful Bidder shall take all necessary precautions for the safety of students, employees and the public, and shall comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully responsible to the Member for the acts and omissions of any and all persons whether directly or indirectly employed by him. He shall maintain such insurance as will protect him and the Member from claims or damage for personal injury, including death, which may arise from operations under this contract. 24. BRAND NAMES: Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict a Bid by any vendor but is only enumerated in order to advise potential Bidder of the requirements of 1 GPA. Any Bid which proposes like quality, design or performance will be considered. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 21 of 60 SPECIAL TERMS AND CONDITIONS 25. NEW EQUIPMENT: All equipment supplied pursuant to this specification shall be new, unused, and the most current model available at time of order. 26. SAFETY STANDARDS: All items supplied on this contract must 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. 27. RESPONSIBILITY OF BIDDERS: 1 GPA will consider the following factors in determining if a Bidder is responsible: A. The proposed contractor's financial, material, personal and other resources, including subcontractors. B. The proposed contractor's record of performance and integrity. C. Whether the proposed contractor is qualified legally to contract with the public entity. D. Whether the proposed contractor supplied all necessary information concerning its responsibility. E. Complaints on file with the Registrar of Contractors. F. Prior litigation history. 28. LICENSES: Contractor shall maintain in current status all federal, state and local licenses and permits required by the operation of the business conducted by the contractor. 29. CONTRACTOR LICENSE LAW: Contractor shall comply with State and City Contractors License Law, be duly registered and licensed thereunder. Attach photocopy of License to Propose form. 30. FEES AND PERMITS: All required fees and permits must be included in the total price as a pass through cost (no markup) when pricing is submitted to 1 GPA member for each project. 31. PERMITS: Upon request of the member, Contractor will be responsible for obtaining any and all permits required to perform this installation. The installation shall be in complete compliance with City Building and Fire Codes. 32. INSPECTION: The job will have a final inspection and acceptance by 1 GPA Member staff. Any discrepancies noted during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon completion of the Project. 33. DAMAGES: The successful contractor shall be liable for any and all damage caused by him or his employees to the 1 GPA Member premises. The Bidder shall hold and save 1 GPA and Member free and harmless from liability of any nature or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons. 34. CLEAN UP: The Contractor, at all times, shall keep the premises free from accumulation of waste materials or rubbish caused by construction operations. Upon completion of the work, remove all waste materials and rubbish from and about the Project, as well as tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up the work, the 1 GPA Member may do so and the cost thereof shall be charged to the Contractor. Remove all surplus materials and debris of every nature resulting from operations, and put site in a neat, orderly condition. 35. WARRANTY: All workmanship and materials shall be warranted for a minimum of two (2) years from date of acceptance of project. This will be submitted in written form to the 1 GPA Member at completion of Project. All items Bid shall be covered by the manufacturer's standard warranty. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 22 of 60 SPECIAL TERMS AND CONDITIONS 36. BILLINGS: All billing notices shall identify the specific item(s) being billed. Item(s) are to be identified by name, model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting from this solicitation. 37. INSURANCE: Bidder agrees to maintain such insurance as willfully protect Bidder, 1 GPA and its Member from any and all claims under any workers' compensation statute or unemployment compensation laws, and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its employees, or by anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such automobile liability insurance as will fully protect Bidder, 1 GPA and its Member for bodily injury and property damage claims arising out of the ownership, maintenance or use of owned, hired or non -owned vehicles used by Bidder or its employees, while providing services to 1 GPA Members. Successful Bidder will be required to provide proof of and maintain comprehensive general liability insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage. Before any orders are processed under an awarded contract, awarded vendor shall provide a certificate that names 1 GPA as the certificate holder. In addition, awarded vendor shall be willing to provide, upon request, identical certificate of insurance to any Member using this contract. Successful Bidder will be required to submit proof of and maintain Worker's Compensation and Employer's Liability Insurance as required by law. 38. KEY PERSONNEL: It is essential that the contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The contractor must agree to assign specific individuals to the key positions. A. The contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to 1 GPA or Member. B. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar days or are expected to devote substantially less effort to the work than initially anticipated, the contractor shall immediately notify 1 GPA or Member and shall, subject to the concurrence of the District, replace such personnel with personnel of substantially equal ability and qualifications. 39. EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee must have an identification badge at all times in clear view, with picture ID and name of firm. In addition, the employee shirt must have the company name on it. Failure to have any of these items will result with the employee being escorted off property. 40. BID SECURITY: School procurement rules require that all competitive sealed procurement for construction have bid security, if the amount of construction contract will exceed the amount established by R7 -2-1002(A). Bid security as a percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount. Bidders shall include acceptable bid security in the amount of $100,000 with submission of their Bid. Acceptable bid security for this solicitation will be a certified or cashier's check, or an annual or one time bid bond underwritten by a surety company licensed to issue bid bonds in the appropriate state construction with take place, with the principal being the prime contractor and 1 GPA being the Member of Record. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 23 of 60 SPECIAL TERMS AND CONDITIONS 41. PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds between the 1GPA member and the prime contractor shall be executed on forms substantially equivalent to the forms provided at the end of this solicitation document. Upon execution of a contract between 1GPA member and prime contractor, performance and payment bonds shall be provided to the member as required in R7-2-1103 as applicable. The prime contractor agrees to notify the 1 GPA member in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any required performance or payment bonds, the contract with 1 GPA may be terminated. The contractor may be asked to supply copies of performance and payment bonds to 1 GPA for administrative purposes. Performance Bond - The contractor shall be required to furnish an irrevocable security in the amount of 100% of the total contract price payable to the 1GPA Member, binding the contractor to provide faithful performance of the contract. Payment Bond - The contractor shall be required to furnish non -revocable security for the protection of all persons supplying labor and material to the contractor or any subcontractor for the performance of any work related to the contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the 1 GPA Member. 42. MEMBER DELAYS: As required by R7 -2-1087(D), the contractor will negotiate with 1GPA Member for the recovery of damages related to expenses incurred by the contractor for a delay for which the 1 GPA Member is responsible, that is unreasonable under the circumstances and that was not within the contemplation of the parties to the contract. This negotiation shall not be construed to void any provision in the contract that requires notice of delays, provides for arbitration or any other procedure for settlement or provides for liquidated damages. 43. PROGRESS PAYMENTS: R7-2-1105 allows for progress payments to the contractor of construction if the contractor agrees to adhere to ARS 41-2577 (B) (D) (F). All progress payments must be invoiced to the 1 GPA member. It is the responsibility of the 1 GPA member to review and approve any estimates of work completed. Payment shall be made within 14 days after the estimate of the work is certified and approve, except that a percentage of all estimates shall be retained as provided in R7-2-1104. If the 1 GPA member issues a written statement to the Bidder that the estimate of work is not approved and certified, the 1 GPA member may withhold an amount from the progress payment that the 1 GPA member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted in R7-2-1105 (A). In such cases, the Bidder agrees to hold 1 GPA harmless for any deficiency payment. Progress payments may be made to the prime contractor on the basis of a duly certified and approved estimate of work performed during the preceding month. The prime contractor must agree to pay any subcontractors or material suppliers within seven (7) days of their receipt of the progress payment, unless otherwise agreed on in writing between the parties involved. Once all bonds are in place, the prime contractor and the 1 GPA member will agree upon a schedule of payments based on identifiable milestones. If any payment to the contractor is delayed after the date due, interest shall be paid at the rate of one percent per month, or a fraction of a month, on such unpaid balance as may be due. Any late charges will be the responsibility of the 1GPA Member. Acceptance of final payment is a waiver of all claims except unsettled claims previously made in writing. 44. RETENTION: Ten (10) percent of all contract payments shall be retained by the 1 GPA member as insurance of proper performance of the contractor. Contractor agrees to identify the amount to be retained on invoices to 1 GPA member for each progress payment. 1GPA 17-13PV Electrical and Lighting Products and Services Page 24 of 60 SPECIAL TERMS AND CONDITIONS When the contract is fifty (50) percent completed, on half of the amount retained shall be paid to the contractor upon the contractor's requests provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained providing the contractor is making satisfactory progress on the project, except if at any time the governing board of the member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated. Retention applies only to amounts payable for construction and does not apply to amounts payable for design services, preconstruction services, finance services, maintenance services, or any other related services included in the contract. If the 1 GPA member and the contractor agree to a substitute security, the agreement must be in full compliance with R7-2-1104 (D) (E) (F) (G). If a substitute security is agreed to, the prime contractor must provide 1 GPA member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against 1 GPA member. 45. QUESTIONS: Questions and/or clarifications concerning this IFB will be accepted in writing through April 4, 2017 at 5:00 p.m. Arizona Time. Written responses to all written inquiries will be provided and distributed to all recipients of this IFB. Responses and addenda to this IFB, if necessary, are scheduled to be issued by April 7, 2017 by 5:00 p.m. Arizona Time. Questions and/or clarifications concerning this IFB shall be directed to: Jennifer Munoz Director of Procurement and Compliance 4munoz(c_1 gpa.orq Fax 602-663-9515 Phone 480-579-9497 46. REFERENCES: For complete information on references and definitions used for specifications in the solicitation please visit websites below: ASTM International (ASTM): www.atsm.org American National Standards Institute (ANSI): www.ansi.org Arizona Registrar of Contractors (ROC): www.azroc.gov/1 class.html Building Industry Consulting Services International (BICSI): www.bicsi.org Code of Federal Regulations (CFR): www.qpoaccess.gov/cfr/index.html CSA International (CSA): www.csa-international.org Federal Communications Commission (FCC): wireless.fcc.gov International Organization for Standardization (ISO): www.iso.org National Electric Code (NEC): www.necconnect.org National Electrical Installation Standards (NECA/IESNA): www.neca-neis.org National Fire Protection Association (NFPA): www.nfpa.org Occupational Safety and Health Administration (OSHA): www.osha.gov The National Electrical Manufacturers Association (NEMA): www.nema.orq Underwriters Laboratories (UL): www.ul.com U.S. Energy Information Administration (EIA): www.eia.gov 1 GPA 17-13PV Electrical and Lighting Products and Services Page 25 of 60 SCOPE OF WORK 1) PURPOSE The purpose of this Invitation for Bid (IFB) is to establish a contract with responsive/responsible contractor(s) that provide Electrical and Lighting Products and Services to be utilized by the Lead Agency and Members of 1 GPA Cooperative on an as -needed basis. 1 GPA reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the best interest of the Members of 1 GPA. 2) BACKGROUND Currently 1 GPA has one contract for Electrical Products and Services (awarded to 6 firms). The contract resulting from this solicitation will replace the existing contract and will broaden the scope of services to include High Voltage and Low Voltage Electrical Services. This contract will replace the following contract: #C13-27 — Electrical Products and Services 3) SCOPE OF WORK In General, the scope of work for electrical services may include but not be limited to installation, repairs, upgrades, routine maintenance to include supervision, labor, equipment, materials, tools and transportation to complete all work. The scope of work will be divided into two major categories: 1) High Voltage Electrical Services and 2) Low Voltage Electrical Services. This is NOT an "All Or Nothing" bid. Bidders are encouraged to submit bids on single or multiple categories. A. High Voltage Electrical Services: Defined as electrical services above 1000 Volts. Contractors bidding on this service must have the ability to work on overhead/underground wires, substations, transformers, and related equipment while energized. The following high voltage repairs and services are listed as minimum, but not limited to: a. Group 1**: Transformers, Addition and/or removal of oil, Perform double test, Turn To Ratio test (TTR), Oil analysis/testing, Hypot testing, Mega -ohm testing, On-site gasket fabrication, Relay and Circuit Breaker testing, Switchgear repair/replacement/testing, Substations, maintenance and repair Group 2**: Underground and overhead cables repair and maintenance, Pole testing, Hardware and ground wire tightening, Pole and hardware change -out, Transition inspection and repairs (i.e., arrestors, cutouts, fuses, jumpers, and connectors), Down guy/anchor repair and replacement, switching and grounding, Utility notification and coordination as necessary, Manhole entry, cleaning, repair, and manhole (underground) cable work, Distribution panels, repair, inspection, cleaning, and testing. c. ** It is understood some of the services listed above cannot be performed by all high voltage service contractors, and therefore shall be subcontracted to a contractor specializing in that field. B. Low Voltage Electrical Services: Defined as below 1000 Volts. a. Types of Service Work: Air switches, Wire/cable replacement, transformers, switchgear and switchboard assemblies, distribution panels, circuit breakers, grounding systems, panel boards, disconnects, motor control centers, relay cabinets, variable speed drives (VFD), emergency and normal electrical power systems, lighting and lighting control systems, Lighting Retrofits, LED solutions, daylight harvesting, sports and controls systems, and other associated electrical equipment. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 26 of 60 SCOPE OF WORK 4) TECHNICAL REQUIREMENTS A. Each contractor assigned to this contract shall have the licenses, tools, equipment, materials, and technical ability to perform such services. B. The Contractor shall provide all labor, supervision, transportation, equipment (including testing and all personal protection equipment), tools, and all effort necessary to make the required electrical systems repairs/retrofits, complete and operational. Machinery/equipment that will be considered as additional cost and used indirectly to the electrical industry for the performance of normal electrical services, such as, but not limited to: Backhoes, Jackhammers, Concrete cutters, Excavators, Chain hoists, Man lifts (scissor lifts, fork lifts, boom lifts, bucket trucks, etc.) These items (and other approved equipment), if rented from a rental contractor, will be allowed the rental charge plus an administrative mark- up cost per the contract awarded percentage of cost. If owned, the equipment shall be charged per the bid rate in the pricing section. C. Contractor will be responsible to source all electrical parts/components/fixtures and equipment necessary in the repair or new installation of electrical and distribution systems. Exceptions may be, if in the best interest of the Member, to utilize its own electrical commodity contract to source said supplies. D. Replacement parts/fixtures shall be OEM and warranted for two (2) years, unless longer warranties are available from manufacturers. All parts and electrical equipment provided by Contractor shall be new, except as otherwise stated on the drawings. All parts and electrical equipment shall be UL listed when such standards exist for the type of equipment. All electrical equipment and materials shall be furnished by the Contractor and shall be commercial quality and grade, and be from a warrantied product line. E. All electrical work shall comply with the requirements of the applicable edition of the National Electric Code and State/Local building codes. F. All lighting and lighting system devices shall be manufactured, tested, and/or approved under the current applicable codes and standards for: ANSI, ASTM, BICSI, CSA, EIA, FCC, ISO, NEC, NEMA, and UL. G. Contractor shall comply, as applicable, when a participating member may require NETA or NICET certified technicians when performing work on electrical systems. H. All work performed by the Contractor shall be subject to inspection and approval by the requesting Member. I. Specifications for the work to be performed by contractor and approved by the Member shall be adhered to. Contractor may recommend alternate specifications or additional specification for work, however, any alternate specification shall comply with all applicable rules, regulations, statutes, ordinances, codes, and standards. Contractor shall obtain approval from member prior to using any alternate specifications for any work to be performed under the contract. J. Prior to starting any work, contractor shall notify member of any specification that is in conflict with applicable rules, regulations, statutes, ordinances, codes, and standards, and offer an alternate solution that is in compliance with said rules. K. When any aspect of a project is not covered by a specification, building code, or standard, the minimum standard for good and workmanlike construction shall be established usage, procedures and acceptable industry standards. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 27 of 60 SCOPE OF WORK L. No products that contain asbestos fibers shall be used. M. All work shall be accomplished in a manner to match adjacent existing work in the same area or on same elevation where practicable. Contractor will not make adjustments to or alter in any manner member's existing facilities without prior approval from member. N. Upon request from Member, contractor shall obtain permits required for a job. Member shall reimburse contractor for actual cost of such permits. No amount for overhead and profit will be allowed for permits. O. Prior to final acceptance of project completion, the contractor shall provide the member a complete set of "as -built" system drawings and copies of operational manuals for all installed products and/or equipment. P. Safety: Contractor shall be responsible for initiating, maintaining, and supervising all safety programs in connection with this work. Contractor shall take all necessary precautions for the safety of, and shall provide all necessary protection to prevent damage, injury, or loss to the following: 1) All employees on the worksite and all other persons who may be affected thereby. 2) All the work, materials, and equipment to be incorporated therein. 3) Other properties at the site of, adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 4) Contractor must keep an acceptable E -Mod Rate determined by the 1 GPA Member if requested. Q. Removal and Disposal: Contractor shall remove from the worksite and dispose of removed lighting fixtures, ballasts, and lamps as soon as possible in accordance with current applicable federal, state and local codes. a. Polychlorinated Byphenosis (PCB): Ballasts containing PCB shall be disposed of per current federal, state, and local codes. Member's representative shall be notified immediately of any PCB that has leaked out from the ballast. Contaminated Transformer Oils: Contractor shall follow all EPA regulations and ordinances regarding the disposal of contaminated oils from transformers. R. Solar Installation and Maintenance: General requirements include the following: a. Contractor shall separate photovoltaic (PV) source circuits and PV output circuits in the same raceway, cable tray, cable outlet box, junction box, or similar fitter as conductors, feeders, or branch circuits of the other non - PV systems. Contractor shall use correct means for identification of conductors, circuits, etc. at all points of termination, connection and splices. Connections to a module panel shall be arranged so that a potential removal does not interrupt a grounded conductor to other PV source circuits. Expansion joints should be utilized as necessary. b. Contractor shall provide a detailed commissioning documentation to conclude installation. S. Energy Efficient Lighting Installations, Products and Services: General requirements include the following: 1 GPA 17-13PV Electrical and Lighting Products and Services Page 28 of 60 SCOPE OF WORK a. New installations shall include, but not be limited to: interior and exterior facility lighting; walkway lighting; parking lot lighting (including poles); street lighting (including poles); gymnasium lighting; indoor pool lighting; emergency lighting; auditorium lighting; stage lighting, traffic signals, airport applications, exterior athletic and sports field lighting and any other lighting applicable to the nature of public sector agencies which are members of 1 G PA. b. Energy efficient lighting installations, products, service, and repairs are requested for all lighting systems as listed herein. c. Consulting services may include design; lighting and energy assessment; energy audit for lighting, and an evaluation of existing indoor and outdoor lighting systems. Consulting shall provide a solution to an energy saving solution or retrofit to reduce the overall consumption of energy for lighting systems. Contract vendor shall provide the information necessary for the member to properly assess the level of quality, construction components, compliance with applicable current state statutes, and/or the overall performance of the solution offered. d. Contractor shall, upon request, submit manufacturer's product information sheets for the energy efficient lighting system and/or products to the member for approval before work begins. The manufacturer's product information sheet shall include model numbers, type, rating, size, style, and manufacturer's name. e. Contractor shall provide energy efficient lighting system and materials that comply with current and applicable federal, state, local rebate programs for energy efficient lighting upon member's request. f. Federal, state, and/or locally funded projects through grants, utility rebates, etc., shall comply with all requirements under the agreement to meet funding eligibility for the products and services. Contract vendor shall provide member the necessary documentation, such as lighting specifications, energy audit performed, etc. upon request. g. Lamps shall comply as applicable with current Energy Independence and Security Act of 2007 (EISA) and current federal, state, and local codes if superseded. Contract vendor shall be responsible for monitoring and compliance with future regulations, codes, and laws. h. Except for lamps and ballasts, the contract vendor and the lighting system manufacturer(s) guarantee the usability of the lighting system installed is appropriate for the site conditions that exist and for the intended uses as identified in the project's scope of work for a minimum five (5) year period. Warranty shall commence on the date of final acceptance by the member's authorized representative. The warranty coverage shall not be limited to amount of usage. i. Delamping services may be offered and shall not void any existing lighting fixture manufactures' warranties as applicable. j. If requested by member, the contract vendor shall provide comprehensive training on the operation, use and testing of the installed products and/or equipment to personnel selected by the member. Any additional charges for training shall be included in the bid cost form. k. The lighting system shall be accepted in writing only after a satisfactory test of the entire installed system, lighting components, and/or energy efficient lighting solutions in the presence of member's authorized representative. T. Retrofit/Repair of Existing Fixtures, Lamps, and Ballasts: General requirements include the following: 1 GPA 17-13PV Electrical and Lighting Products and Services Page 29 of 60 SCOPE OF WORK a. Contractor shall offer lines of replacement fluorescent lamps that contain low-level mercury content, LED alternate lighting solutions of the latest design, or other current alternate energy saving fixture and lighting replacements. b. Compact fluorescent lamps (CFL) and LED's shall be available as an alternative for replacement of current lighting. CFL's shall be UL listed and have a minimum rated average life of 10,000 hours. LEDs shall have a minimum 2 -year driver and/or cooling fan and lamp warranty. c. Contract vendor shall provide the member with mounting hardware, and any other components required for energy efficient lighting installations performed by the member. Contract vendor shall also provide any manufacturers' requirements and/or recommendations for the installation and/or retrofit applications. d. Electronic ballasts shall be physically interchangeable with standard magnetic core and coil ballasts. U. Emergency and Exit Lighting: General requirements include the following: a. Emergency and exit lighting installations, retrofits, and/or repairs shall comply with current applicable CFR, NEC, NFPA, and OSHA requirements. Contractor shall notify member's authorized representative when existing lighting does not conform to those requirements and requires upgrades per federal, state, or local codes. b. All fluorescent emergency ballasts shall meet or exceed all current NEC and NFPA requirements for emergency operations. c. All replacement, repair or retrofit of fixtures, lamps, ballasts or batteries shall meet current applicable federal, state and local codes and CFR, NEC, NFPA, and OSHA requirements for emergency and exit lighting. V. Lighting Controls: General requirements include the following: a. Lighting controls shall include, but not be limited to: occupancy, temperature, remote, automatic, dusk -to -dawn, time, astronomical, etc. b. Contractor may provide control systems and solutions that allow member to add future expansion and/or functions. c. Lighting control systems shall not interfere, disable, disengage, or conflict in any manner with member's current facility security, burglar, fire (alarm, suppression, and control), or any other integrated system. Contractor shall not conjoin into these systems in any manner without written approval from the Member and the presence of an authorized representative's technician for these systems during the installation and/or system initiation. Failure to comply with this requirement in any manner may be grounds for immediate cancellation of an awarded contract. d. Lighting control systems and solutions shall include member training for operation and addition of future expansion and/or functions as applicable. 5) SCHEDULING REQUIREMENTS A. The Contractor shall have the ability to create and manage numerous individual accounts for order placement, billing, and reporting purposes. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 30 of 60 SCOPE OF WORK B. Contractor shall coordinate all repair/installation schedules with the Member's point of contact before beginning work. All electrical connections requiring a power outage shall be made during an approved time limit, and must be coordinated by the Member's point of contact. C. The Contractor shall be prepared with well-maintained equipment inventory/materials and satisfactory transportation for delivery at the work site to meet the customer demand and delivery requirements. D. Services shall be made available to 365 days per year. E. Labor rates bid shall include all direct labor and burden, equipment, small tools, common expendables. Labor rates shall be divided into the following categories: a. Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday, excluding holidays. b. After Hours: work performed after 6:00 PM and before 6:00 AM the next morning. c. Weekends & Holidays: work performed Saturday, Sunday, or during a holiday. d. Due to the nature of public sector agencies and Members of 1GPA, response time for a requested service shall be four (4) hours (on-site) after Contractor receives request from the Member for REGULAR SERVICE, and four (4) hour response on-site for calls AFTER HOURS. There shall also be a two (2) hour on-site response for any call during REGULAR or AFTER HOURS, if requested as an EMERGENCY. e. Deviations and Exceptions to the hours listed above must be disclosed in bidder's response if bidder is unable to meet the requirements of the contract. Deviations and Exceptions may be cause for a bidder to be considered non responsive and/or rejection of the bid. 6) ORDERING AND JOB COMPLETION PROCESS A. The following is a listing of the requirements the ensuing contractor(s) must comply with when completing project work for any eligible user member under this contract: a. Request for Service: The 1 GPA Member will notify the contractor of the need for electrical services. Request for quote/estimate for the provision/installation of a specific scope of work will be issued by the Member. b. Site Visit: Dependent upon the complexity/nature of the project, a predetermined and/or pre -identified site visit may be held by the Member to ensure the contractor(s) are aware of important issues regarding the project to ensure accurate cost estimates. c. Project Quotations: After a site review of the project, contractor shall submit the project quote to the Member within the specified time frame. The submitted project price quote is to be all-inclusive. That is, any cost overruns to be absorbed by the Contractor, or cost savings to be additional profit. Exceptions to this are changes requested by the Member that incur higher project cost and longer delays. All change orders to a project must be in writing, referencing the contract number and approved by the Member prior to authorization to proceed. The Contractor who fails to acquire change orders in writing runs the risk of incurring these additional costs without payment. d. Purchase Order: Based on Contractor's quotation, if acceptable in accordance with contract terms and conditions, a purchase order will be issued by the requesting Member. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 31 of 60 SCOPE OF WORK e. Delivery and Installation: Contractor will notify the Member when material has been received and provide a proposed project completion date. Installation shall start within seven (7) working days after material is received. Installations will not start without prior approval of the Member's authorized representative. Contractor shall assign a supervisor or contact person for each job who has the ability to communicate with Member's designated point of contact. f. Site Visitation: When requested by the Member, the contractor will arrange a meeting at the site with supervisor and the Member to review site conditions, security procedures, work responsibilities, loading and unloading restrictions, etc. g. Invoicing: After completion of services, the Contractor shall submit an invoice to the Member: All invoicing for Time and Materials shall include: Purchase Order number Terms as per bid Contract number Job site name and location Description of work performed Total labor hours Labor rate as per bid Itemized parts Tax on parts only Total Rented equipment charges (submitted with a copy of the invoice from rental firm) shall not add additional sales tax other than what the rental firm has posted. All invoicing for Project work shall include: Purchase order number Terms as per bid Contract number Job site name and location Project description Project cost Change order cost (if applicable) If change orders have been implemented — must be separately line-itemed priced Grand total of invoice Invoicing that does not have all the required information as listed above may be sent back to contractor for corrections, delaying payment to Contractor. h. Payment After Job Completion: Payment shall not be provided until inspection is completed and an approval signature is provided by authorized member representative. In case of non -satisfactory completion of any individual project, the member reserves the right to withhold payment as permissible by law. i. Progress Payments - Members may make progress payments under the following conditions: 1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order 1 GPA 17-13PV Electrical and Lighting Products and Services Page 32 of 60 SCOPE OF WORK 2. Purchase order describes the amounts or percentages and the dates or frequency of payments 3. Payments are made in full compliance with Member's local governing entity rules 7) DELIVERY A. It shall be the Contractor's responsibility to meet the Member's delivery requirements, as called for in the Technical Specifications. B. Emergency or rush deliveries requested by the Member that require special shipping and handling charges may be at the Member's expense, but only with prior written approval from the Member. Emergency or rush shipping charges shall be added to an invoice as a separate line item. C. In the event emergency or rush delivery is required as the result of a Contractor's error, all shipping and handling charges shall be paid by the Contractor. D. The Member reserves the right to examine freight cost and route shipments with their own contracted carrier. E. Under no circumstances shall the Contractor increase their profit margin through shipping charges. 8) LEASING / FINANCING SERVICES: Leasing and financing options are allowable for the acquisition of the awarded equipment if the Contractor provides this option. A Master Lease or Master Finance Agreement will not be negotiated by 1 GPA. Each Member who elects to pursue this method shall be responsible for the review, possible negotiations, and signature on any leasing/financing documents. Additionally, it shall be clear that the Member has the final financial responsibility. The following shall apply to all 1 GPA Members: A. Capital and operating lease agreements, as well as direct rental agreements, between the Contractor and any Member are allowable under this Contract. B. Capital leases are those agreements which transfer title or ownership of the leased property at the end of the lease or contain a provision for a bargain purchase option. C. Operating leases are those agreements where agencies do not obtain title to or ownership of, only the temporary possession and use of, the leased property. D. Any Member entering into a lease agreement as allowed herein shall follow the policies outlined in the State of Arizona Accounting Manual. E. To ensure compliance with Article 9, Section 5 of the State of Arizona Constitution, installment purchase agreements, or those agreements where title to the property is transferred to the lessee at the inception of the agreement, shall be prohibited under this contract. 9) COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS A. All work must comply with EPA, OSHA, and any local regulations in effect at each service occurrence. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments. If the Contractor is found to be not in compliance with said Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or codes, the Contractor may be placed on suspension until such non-compliant issues are rectified. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 33 of 60 BID FORMAT 1) BID FORMAT: To aid in an efficient evaluation, it is desired that all bids follow the same general format. 1GPA will not provide any reimbursement for the cost of developing or presenting bids in response to this IFB. Failure to include the requested information may cause a bid to be considered NON-RESPONSIVE or REJECTED. Thumb drive copies submitted must be free of viruses, malware, Trojans, worms, rootkits, spyware, adware, etc. Those who submit thumb drives that contain viruses, malware, Trojans, worms, rootkits, spyware, adware, etc. may be liable for resulting damages and their bid may be rejected 2) MINIMUM REQUIREMENTS CHECKLIST: Provided is a checklist for bidders to ensure all requirements to be considered both RESPONSIBLE AND RESPONSIVE have been enclosed in the bid package. 3) QUESTIONNAIRES: Questionnaire forms have been provided to ensure all bidders provide pertinent information regarding responsibility and responsiveness. 1 GPA will accept information provided on separate sheets, however, information shall be provided in the same order in which it is requested in the Bid Format: BID FORMAT MINIMUM REQUIREMENTS CHECKLIST TAB 1 QUALIFICATIONS AND EXPERIENCE / RESPONSIBILITY CRITERIA ✓ 1. QUESTIONNAIRE 1: Qualifications and Experience / Responsibility Criteria (Page 36) ❑ 2. FINANCIAL DISCLOSURE QUESTIONNAIRE (Page 38): Complete form and provide ❑ additional forms if needed. TAB 2 PRODUCTS AND SERVICES OFFERED IN BID ✓ 1. QUESTIONNAIRE 2: PRODUCTS AND SERVICES OFFERED SUMMARY (Page 39) ❑ 2. EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW: Complete EXHIBIT A Form ❑ electronically in Excel format. This form will be utilized during bid evaluations when determining the need for multiple awards for categories and subcategories. This will also assist members when selecting a firm from the awardee list for a specific project(s). (Also print and submit hardcopy) 3. EXHIBIT B: LEASING AND FINANCING OPTIONS: Bidders shall complete the excel ❑ spreadsheet attached to this solicitation to submit bids for Leasing and Financing Options. (Also print and submit hardcopy) 4. Dealer Authorization Letters: Bidders are required to submit Dealer Authorization ❑ Documentation for each manufacturer product line included in their offer. The letters shall state that the manufacturer will allow said Contractor to distribute their product line for an awarded contract. (If not applicable, please give explanation.) TAB 3 COST ✓ 1. QUESTIONNAIRE 3: Cost (Page 40) ❑ TAB 4 PAST PERFORMANCE ✓ 1. QUESTIONNAIRE 4: Past Performance. (Page 41) ❑ 1 GPA 17-13PV Electrical and Lighting Products and Services Page 34 of 60 BID FORMAT BID FORMAT MINIMUM REQUIREMENTS CHECKLIST 2. REFERENCES FORM (Page 42): Complete form- list a minimum of 5 client references. ❑ 3. PERFORMANCE EVALUATION SURVEYS (Page 43): A minimum of 3 "Performance Evaluation ❑ Surveys" (form provided in this solicitation) should be sent to clients to complete and return to you or send directly to 1 GPA. In substitution of a "Performance Evaluation Survey", Letters of References recently dated (within 1 year) may be provided. Either method is acceptable for compliance with Past Performance evaluation. All surveys collected by your firm should be submitted in this section with your sealed bid. If time does not permit your firm to include forms received in your sealed bid, your client may send forms directly to 1 GPA via email by the due date and time for consideration in evaluations. TAB 5 VALUE ADDED SERVICES ✓ 1. QUESTIONNAIRE 5: Value Added Services (Page 44) ❑ TAB 6 RESPONSIVENESS / COMPLIANCE ✓ 1. QUESTIONNAIRE 6: Responsiveness / Compliance (Page 45) ❑ OVERALL SUBMITTAL INSTRUCTIONS ✓ A. One (1) original hardcopy of all documents CLEARLY LABELED "ORIGINAL". Original ❑ hardcopy will be stored in the procurement files and may not be viewed by the evaluation committee members at time of evaluations. B. Two (2) COPIES (hardcopy) in the same format as the Original. Copies will be utilized by "refer ❑ key evaluation committee members and offeror's should not to original" in copies provided. C. Three (3) flash drives providing all bid documents in PDF Format, Excel (Cost Form and ❑ Exhibit A- Geographic/Regional Locations Form), and if specifically requested, Word Format. Electronic bid documents should be in the same format as the hardcopy with folders designated for each TAB specified in the Bid Format below. D. Respondents should utilize the envelope label provided or their own label with a clearly ❑ identified Sealed Bid as follows: Paradise Valley USD / 1 GPA Attention: Purchasing / Claudia Leon 15002 North 32nd Street Phoenix, AZ 85032 IFB 17-13PV, Electrical and Lighting Products and Services E. Bids shall be signed by an owner, partner or corporate official who has been authorized to make ❑ such commitments. 1 GPA 17-13PV Electrical and Lighting Products and Services Page 35 of 60 URBAN ENERGY I j rm soLurIoNs Im•/w_l"relW0 9 : n 1GPA / PARADISE VALLEY UNIFIED SCHOOL DISTRICT Electrical and Lighting Products and Services IFB # 17-13PV April 18, 20171 1:OOpm URBAN ENERGY April 18, 2017 SOLUTIONS Ms. Claudia Leon, Director of Purchasing Mr. Jennifer Munoz, Director of Procurement Paradise Valley Unified School District 1GPA (1Government Procurement Alliance) Urban Energy Solutions, Inc. 15002 North 32nd Street 1910 West Washington Street 3312 East Broadway Road Phoenix, AZ 85032 Phoenix, AZ 85009 Phoenix, AZ 85040 P: 480-282-0501 Re: Electrical and Lighting Products and Services F: 602-357-7403 www.urbanenergyjne.co fFB No. 17-13PV Dear Ms. Leon, Ms. Munoz and Selection Committee Members: Urban Energy Solutions, Inc. (UES) is pleased to provide a comprehensive and responsive proposal to perform Electrical and Lighting Products and Services for Paradise Valley Unified School District and 1GPA. UES is well positioned to provide exceptional service and results as evidenced in our proposal. Urban Energy Solutions, Inc. is uniquely qualified to perform this work for a variety of reasons including: Superior Management and Qualified (Electricians - UES carefully selected our senior management team focused on safety, performance, and customer satisfaction. All senior managers share this vision and it reflects in the performance of our superintendents, project managers, and foremen. Our field team consists of nearly 100 electricians that have provided superior results on all engagements. • Internal Organization . We are designed to truly "self -perform" the work, which minimizes outside impacts or delays common to other contractors who outsource all or part of the work. We have the ability to effectively assess, manage and mitigate the risk typically inherent to the scope and more specifically with the type of work covered by this proposal to ensure a timely, production, safe and quality deliverable. •Vendor Relationships - UES has negotiated pricing and relationships with suppliers who are equally committed to our success. Pricing is important when engaging vendors but we put emphasis on support, product availability, field services and results oriented problem solving. These relationships have proven to be invaluable while completing projects on tight deadlines with results that exceed expectations. Client Services - A vision that customer satisfaction defines success is embraced throughout the organization. Accessibility and involvement of field and senior managers ensures that UES delivers on its commitments. Our entire team is excited about the continuing our relationship with Paradise Valley Unified School District and 1GPA and key personnel identified in this proposal are available to answer any questions about our qualifications that you may have. We appreciate your consideration of our proposal. Please do not hesitate to contact me if you should require additional information or clarification. Sincerely, Justin Rojas, President Urban Energy Soiutions, Inc. TAB 1 QUALIFICATIONS AND EXPERIENCE I RESPONSIBILITY CRITERIA QUESTIONNAIRE (PAGE 36) 1. INTRODUCTION AND QUALIFICATIONS STATEMENT: Please provide an executive summary of your firm's history, qualifications and experienc in providing products and services as reference in the scope of work for this solicitation. It is the vendor's responsibility to demonstrate competence and experience in the industry. Urban Energy Solutions, Inc. (UES) was founded in 2005 as an HVAC controls and electrical contracting business. We are distinctly focused on providing customers with a wide variety of services which include; electrical construction, electrical service, solar, and energy management solutions. At UES, we value our ability to consistently deliver on our commitments with emphasis in ensuring we use the latest energy saving technologies. UES carefully selected our senior management team focused on safety, performance, and customer satisfaction. All senior managers share this vision and it reflects in the performance of our superintendents, project managers, and foremen. Our field team consists of nearly 100 electricians that have provided superior results on all engagements. Lighting system technology has never been better. But with all the choices, the right solutions can be hard to find. UES knows how to optimize your lighting technology to improve sales, increase productivity and create a safer workplace, all while saving you money. From Fluorescents and LEDs to daylight harvesting and controls, when you partner with UES, we have the tools and 2. KEY PERSONNEL: Provide Information regarding the key personnel, their years of service In the Industry, and an organizational chart for 10PA to clearly understand the organizational structure and competence to service the contract. Electrical Division p• Jason Brown, Director of Electrical Construction Sixteen (16) Adam Kline, Chief Estimator Eleven (11) Kirk Corbin, Estimator Twenty -Seven (27) Dustin Kaelberer, Project Manager Ten (10) Paul Guerber, Project Manager Seventeen (17) Derek Davis, Project Manager Eight (8) Jack Armstrong, General Superintendent Twenty -Three (23) Scott McMillan, Service Manager Thirty -Nine (39) Tony Scarpone, Warehouse Manager Ten (10) G Electrical and Lighting Producls and Services IFB No. 17-13PV PVSchools 8 8 I TAB s QUALIFICATIONS AND EXPERIENCE I RESPONSIBILITY CRITERIA 2. KEY PERSONNEL: (Continued) Energy Management Division Chris Flores, Director of Energy Management ,Experience Twelve (12) Loren Waxman, Pre -Construction Estimator Twenty (20) Greg Ricci, Service Manager Twenty -Five (25) James Tomlinson, Project Manager Six (6) Brandon Miller, Field Manager Fifteen (15) Phil Miller, Programmer Ten (10) Zane Mallet, Programmer Twenty -Three (23) Please refer to the end of this section for an organizational chart of our company. 3. BONDING METHODOLOGY. Provide a detailed description of the methodology to be used when bonds are applied to projects. Describe in detail the method your surety company requires (e.g., bonds are applied before sales tax is applied, bonds are applied after sales tax Is applied, etc.)1GPA will use this Information for Members to verify that your firm is consistently charging bonds In a consistent manner under the awarded contract. Please refer to the end of this section for a letter from our Surety. Bonds are applied AFTER sales tax is applied. 2. FINANCIAL DISCLOSURE QUESTIONNAIRE (Page 38). Complete form and provide additional forms If needed. Please refer to the end of this section for our completed Financial Disclosure Questionnaire. 1G��.�r�� /.4P� Mchools Electrical and Lighting Products and Services 11FB No. 17 13P r� Clayton. Boop Jason Brown Ignacio Gastelum Esperanza Chns Flores Jon Mitman CFO Dir. of Electrical Bus Development Safety Die. of EMS DiroflFPE Laura Falcone Dustin Kae[berer Adam Kline Jack Armstrong Greg Ricci Greg) Ricci Ben Garrett Controller Protect Marnagar Chief Estimator Gen. Super. Service Manager Serwice Manager DirecierofOps C Grant Link Paul Guerbee Kirk Corb n Scott McMillan Cindy Coppens James T_ Accountant Protect Manager Estimator Superintendent Service Dispatch L ject Manger Ashley Brooks Derek Daus Jonathan Foley Brandon Miller Proj_ Accountant Project Engrneer Superntendent Sen teeTecEts Superntendent Amanda Butzke David Abney AP Specialist Project 11 d Foremen Programmers Front Desk Anthony Flores Journeymen Project Engineer y IF Engineers Tom Green Purchaser Laborer Foremeru WH Manager 11 11 InsWiers FINANCIAL DISCLOSURE QUESTIONNAIRE — TAB 1 Offeror shall complete each item using attachments if necessary. Attachments shall indicate the item number and heading being referenced as it appears below. Please respond "Not Applicable", "NIA", or "none" as needed instead of leaving items blank. Failure to complete may result in the rejection of bid as unresponsive: 1. Have any licenses 1 certifications ever been denied, revoked or suspended or provisionally issued within the past five years? If yes, please provide explanation. 1GPA WILL VERIFY ALL LICENSES THROUGH AZ REGISTRAR OF CONTRACTORS (or the applicable state in which the bidder requests to conduct business in). No. 2. List all judgments, arbitration awards and settlements against your firm within the last three (3) years arising from a lawsuit or claim of any nature. None. 3. Describe all unresolved claims, arbitration claims, lawsuits or bond claims brought by or against your firm. Include the name of all parties and a brief description of the nature of the dispute. None. 4. Has your firm made any filing under the United States Bankruptcy Code, assignment for the benefit of creditors or other measures taken for the protection against creditors during the last three (3) years? No. 5. If the Bidder's firm is a division or subsidiary of another firm, indicate below the name and address of the parent firm. Also include a description of the working relationship between the Bidder's firm and the parent firm. Specify what impact, if any, this relationship would have on the Bidder's firm's ability to meet the requirements for services described in this solicitation. Not Applicable. 6. Has your company ever had a name change in the past?,Wes❑No If yes, provide all prior name(s) your company has used and year(s) of operation. Urban Electric - 2005 7. Length of time your Company has been doing business in Arizona. Twelve - 12 Years 9. Does your firm have at least 5 years' experience working with public sector agencies (schools, cities, municipalities, etc.)? Yes. Note: 1 GPA reserves the right to request a copy of audited financial statements for the immediate past two fiscal years. Urban Energy Solutions, Inc. understands that 1GPA reserves the right to request copies of audited financial statements for the immediate past two fiscal years. 1GPA 11-13PV Electrical and Lighting Products and Services Page 38 of 60 TAB 2 PRODUCTS AND SERVICES OFFERED IN BID 1. QUESTIONNAIRE 2 (Page 39) Please refer to the end of this section for our completed Products and Services Summary. 2. EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW: Complete EXHIBIT A Form electronically in Excel format titled "IFB 17-13PV EXHIBIT A". This form will be utilized during bid evaluations when determining the need for multiple awards for categories and subcategories. This will also assist members when selecting a firm from the awardee list for a specific project(s). Please refer to the end of this section for our completed EXHIBIT A. 3. EXHIBIT B: LEASING AND FINANCING OPTIONS: Bidders shall complete the excel spreadsheet attached to this solicitation to submit bids for Leasing and Financing Options. (Also print and submit hard copy) Please refer to the end of this section for our completed EXHIBIT B. 4. Dealer Authorization Letters: Bidders are required to submit Dealer Authorization Documentation for each manufacturer product line included in their offer. The letters shall state that the manufacturer will allow said Contractor to distribute their product line for an awarded contract. (If not applicable, please give explanation.) Please refer to the end of this section for our Dealer Authorization Letter. 1G AZ PVSchools Electrical and Lighting Products and Services 11F6 No. 17-13PV OUBS11110N NAIRE 2: RRCIOII CIS AIN D SIERVICIESI OFNEREO SU N N AIRY —1AE 7 PRO13UCITS ANO SERVICES CIFFEREU. � dditianal sheets maybe utilized. 1. Prauida a detailed e)ip lar atior as to I aw ipur goodl andla r services will meet the needs of the contract as outlined in the saope of wa 4 for this IFB. Describe a r N1 wichisions and/or limitations of se rviaa s ti at )dour firm is 1.1r able to srit mit a bid for. Uiiban Ener9l)I Solutions, Ina. affers a mode rang a of services which inCILlde; eleatria al construction, lighting, energy management and solar. UES has taken great measures to develop vendor partnerst ips. We have sougl tout partners I ips that do more than just provide us materials at the Iovlie s t cost, we look for opp a rtunities to create value. Value converts into project success, llhose disaLlssions can only truly happen with tllLM, commitment, and p a rtn eiiships. L ESI has a to am of over 100+ certified train ad tea I n icians that can address s armice calls ranging from changing an outlet to wining up a I igI rise. Our team of qualified technicians go the extra mile to solve corn ple )I pnoblems and have fulfill s to o ked service vehio les to rn al e s ure we can get the job do n e a fficiently, s avin g you time a n c I money. bl a take no exCllls ion s or limitations of servio e s. 7. Provide it formatio n regi riling warranty and maintenance services offered by ya tir firm, as applicable. If �Iour frnl does n a t provide v la rra n ty and mair tenan a e services, pror ride information on hov i me rn bers would I obtain %A arrant} l a n d maintenance services L nban 9neng)l Solutions, Inc. walnrslnties all auonk performed fon two (2) yeans fc n par s and seniice .ManUfactunelll specific produc-1 mianranties will be han died by L ESI. If these warnanlies exceed two years, wanran-lifld prodtlats will be supplies only to tl a clien-l. IN o seniices will be pncvided. 3. Provide the rame and address of the facility tt at will provide warrant} and maintenar ce service tinder tte awarded contract. If there is more than one facility, provide the names and addresses far all facilities. Attach a list if necessa . L rban 9nergy Solutions, Inc. 3312 E ast E ra adwc,ly Rc ad Rhoenix, AA 85040 4. Provide a contact person and phone number for warranty anti mall tenance service. Con tact(s) JEiso in 9nc wn- 602-904 -' 289 Ignalcic Gastakirn- 602463-38' 1 Justin Rojas- � 80-815-� 6 19 1GPA 17-11 F V Mleatdcal an, I Ligl ting Rndiacts end 9 ermly : f age 39 061 EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. Instructions: Complete the fields below as applicable to your firm in regards to products and services offered in your bid. This form will be utilized during bid evaluations to determine the need for multiple awards for categories and subcategories. This form will als assist members when selecting a firm from the awardee list for a specific project. HIGH VOLTAGE ELECTRICAL SERVICES Line Description of Service(s) Does your firm Offer This Limitations / Exclusions / Comments Line Description of Service(s) Service(s)? Y/N? (Optional) 4 GROUP 1 SERVICES: Transformers, Addition and/or Yes 5 Daylight Harvesting removal of oil, Perform double test, Turn To Ratio test 6 Emergency and Exit Lighting Yes (TTR), Oil analysis/testing, Hypot testing, Mega -ohm 7 Energy Efficient Lighting Installations and Services Yes testing, On-site gasket fabrication, Relay and Circuit LED Solutions Yes Breaker testing, Switchgear repair/replacement/testing, 1 Substations, maintenance and repair Yes GROUP 2 SERVICES: Underground and overhead cables repair and maintenance, Pole testing, Hardware and ground wire tightening, Pole and hardware change -out, Transition inspection and repairs (i.e., arrestors, cutouts, fuses, jumpers, and connectors), Down guy/anchor repair and replacement, switching and grounding, Utility notification and coordination as necessary, Manhole entry, cleaning, repair, and manhole (underground) cable work, Distribution panels, repair, inspection, cleaning, and 2 testing. Yes LOW VOLTAGE ELECTRICAL SERVICES Line Description of Service(s) Does your firm Offer This Service(s)? Y/N? Limitations / Exclusions / Comments (Optional) 31 LOW VOLTAGE SERVICES: Air switches, Wire/cable replacement, transformers, switchgear and switchboard assemblies, distribution panels, circuit breakers, grounding systems, panel boards, disconnects, motor control centers, relay cabinets, Yes 4 Battery Storage Systems Yes 5 Daylight Harvesting Yes 6 Emergency and Exit Lighting Yes 7 Energy Efficient Lighting Installations and Services Yes 8 LED Solutions Yes Page 1 of 5 EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. Instructions: Complete the fields below as applicable to your firm in regards to products and services offered in your bid. This form will be utilized during bid evaluations to determine the need for multiple awards for categories and subcategories. This form will als assist members when selecting a firm from the awardee list for a specific project. 9 Lighting & Lighting Control Systems Yes Does your firm Offer This Product(s)? Y/N? Limitations / Exclusions / Comments (Optional) 10 Lighting Retrofits / Repairs of Existing Fixtures, Lamps and Ballasts Yes 11 Solar Installation and Maintenance Yes 12 Sports and Controls Systems lYes 13 lVariable Speed Drives (VFD) IYes. PRODUCT DISTRIBUTION Line Description of Product(s) Does your firm Offer This Product(s)? Y/N? Limitations / Exclusions / Comments (Optional) 14 [285-02] Analyzer, electric power demand Yes 15 [285-03] Arresters, lightning Yes 16 [285-01] Automated meter reading systems (amr) Yes 17 [285-04] Back-up systems, battery operated, emergency Yes 18 [285-06] Ballasts, all kinds Yes 19 [285-05] Beacon light systems complete for buildings, roadside, etc. Yes 20,[285-071 Bulb and fixture, changer and remover Yes 211[285-091 Cabinets, electrical service entrance Yes 22 1[285-10] Cable accessories: clamps, clasps, clips, closures, reels, splices, wrappings, etc. Yes 231[285-111 Capacitors, motor starting and running Yes 24 [285-14] Circuit breakers, load centers, boxes, and panel boards Yes 25 [285-15] Coatings, protective, electrical Yes 26 [285-16] Commutators, resurfacers, stone Yes 27 [285-13] Compound, explosion proof sealing Yes 28 [285-24] Conduit and fittings, brass, bronze, and copper Yes 29 [285-17] Conduit and fittings, emt (electrical metallic, tubing) Yes 30 [285-21] Conduit and fittings, flexible metal conduit Yes 31 [285-18] Conduit and fittings, imc (intermediate metallic conduit) Yes 32[[285-201 Conduit and fittings, liquidtight Yes Page 2 of 5 EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW IF13 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. Instructions: Complete the fields below as applicable to your firm in regards to products and services offered in your bid. This form will be utilized during bid evaluations to determine the need for multiple awards for categories and subcategories. This form will ais assist members when selecting a firm from the awardee list for a specific project. 33 [285-22] Conduit and fittings, not otherwise classified Yes 34 [285-191 Conduit and fittings, rigid Yes 35 [285-23] Conduit fittings, steel: boxes, bushings, clamps, 1 connectors, covers, locknuts, straps, etc. Yes 36 [285-261 Conduit, steel Yes 37 [285-27] Control devices, lighting, including photocells, multiple relays, lighting contactors Yes 38 [285-29] Dimmers, light Yes 391[285-32] Fluorescent and hid lamp energy saving devices Yes 40 [285-311 Fluorescent tube crushers and disposers Yes 41 [285-33] Fog light systems, not automotive Yes 42 [285-34] Fuses, fuse blocks and holders, links, etc. Yes 43 [285-371 Generators, portable, engine driven, including fog and mist types Yes 44 [285-39] Generators, stationary type, not automotive Yes 45 [285-46] Lamps, construction equipment, portable, shop and work site and miniature Yes 46 [285-48] Lamps, desk, floor, table, decorative, household Yes 47 [285-50] Lamps, fluorescent, incandescent, mercury vapor, quartz, sodium vapor. led and compact (cfl) Yes 48 [285-49] Lamps, miscellaneous (not otherwise classified) Yes 49 [285-53] Lens and reflectors, replacement, including holders Yes 50 [285-55] Lighting, area, pole or standard mounted, parking lots, etc. Yes 51 [285-541 Lighting fixtures, indoor: all kinds and parts, including lamp holders and recycled types Yes 52 [285-56] Lighting fixtures, outdoor: floodlights, spotlights, yard lights, and all other weatherproof fixtures, except streetlights, including recycled types Yes 531[285-571 Lighting, solar powered 1yes Page 3 of 5 EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. instructions: Complete the fields below as applicable to your firm in regards to products and services offered in your bid. This form will be utilized during bid evaluations to determine the need for multiple awards for categories and subcategories. This form will alsc assist members when selecting a firm from the awardee list for a specific project. Page 4 of 5 [285-58] Lighting units, emergency, battery operated; and 54 batteries Yes [285-59] Light meters and reflectometers, office illumination measurement, reflectivity, etc., not 55 photographic or lab Yes 561[285-60] Locators, cable Yes 571[285-66] Monitors and related equipment, power line Yes [285-64] Motor controllers, contactors, push button stations, relays, safety switches, starters, coils and 58 brushes Yes [285-74] Pole line hardware: anchors, arms, bolts, braces, brackets, clevises, connections, cutouts, insulators, plates, pole steps, racks, rods, shackles, straps, thimbles, 59 washers, etc. Yes [285-67] Power systems switchgears and related 60 accessories Yes 61 [285-73] Relays , non -electronic Yes 62 [285-75] Repair kits (for contactors) Yes 63 [285-72] Resistors, non -electronic Yes 64 [285-77] Square duct and fittings Yes [285-76] Street and highway lighting luminaires, 65 accessories and parts Yes 661[285-80] Street light poles and standards Yes [285-78] Structural supports and racks, mechanical type: angles, braces, brackets, channels, clips, fittings, spring - 67 nuts, etc. Yes 681[285-79] Switches, parts and accessories, miscellaneous Yes [285-81] Tools and accessories, electricians' and lineman's, including cable fault locators, cable pullers, press boosters and heads, hotsticks, testing equip. wire 69 crimping tools, etc., Yes 701[285-83] Towers, light Yes Transformers, power distribution, including fluid 71 1[285-86] filled, pad and pole mount Yes 721[285-891 Unilets Yes 731[285-911 Valves, electro pneumatic Yes Page 4 of 5 EXHIBIT A: PRODUCTS AND SERVICES OFFERED OVERVIEW IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. Instructions: Complete the fields below as applicable to your firm in regards to products and services offered in your bid. This form will be utilized during bid evaluations to determine the need for multiple awards for categories and subcategories. This form will als assist members when selecting a firm from the awardee list for a specific project. FINANCING / LEASING OPTIONS [285-90] Voltage line thermostats, inverters, converters, Description Does your firm Offer This? Y/N? Limitations / Exclusions / Comments (Optional) 74 spike and surge controllers Yes 75 [285-94] Voltage regulators Yes 76 [285-92] Wire and cable markers and marker ties Yes 77,[285-93] Wire molding, raceways, accessories, and fittings Yes [285-95] Wiring devices: adapters, caps, connectors, extension cords, fluorescent and hp starters, outlets, plates and covers, plugs, receptacles, safety cord lock, switches, terminals, etc. (incl. recycled electrical products, 78 supplies) IYes FINANCING / LEASING OPTIONS Line Description Does your firm Offer This? Y/N? Limitations / Exclusions / Comments (Optional) 79 Rental / Leasing of Equipment is offered in the bid? Yes Page 5 of 5 EXHIBIT B: LEASING AND FINANCING OPTIONS IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name X14 AW L162 11634114 LTA 1119 1-] 1 Urban Energy Solutions, Inc. Third Party Finance Company: If your lease offering is through a third party finance company and provide the company name, address, phone Inumber and contact name. 2) Capital Lease Terms: Please complete one of the options for your capital lease offering. 3) Fair Market Value: If your capital lease offering carries a fair market value purchase option, state Y / N. 4) Fixed Cost at: If your capital lease offering carries a fixed cost purchase option, please enter the percentage here. 5) $ - 0 Buyout: If your capital lease offering carries a zero dollar buyout (abandonment) please check this box. 6) Minimum $ Opportunity: Please enter the minimum dollar opportunity to qualify for this lease rate. (eg. $50,000, $100,000, $500,000, etc.) 7) Lease Factor: Please enter the lease factor or payment factor for the minimum dollar opportunity in the space provided below: 1) THIRD PARTY FINANCE COMPANY CAPITAL LEASE TERMS 1 3. Fair Market Value: Y,/N 1 4. Fixed Cost at (x) % I S. $ - 0 Buyout: Y/N 1 21Capital Lease Terms: Yes 1 7..50%1 N 6, 7) CAPITAL LEASE RATES: A. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ 100,000.00 $3,111.00 48 Month $ 100,000.00 $2,418.00 60 Month $ 100,000.00 $2,004.00 B. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ 500,000.00 $15,553.00 48 Month $ 500,000.00 $12,089.00 60 Month $ 500,000.00 $10,019.00 C. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ 1,000,000.00 $31,106.00 48 Month $ 1,000,000.00 $24,179.00 60 Month $ 1,000,000.00 $20,038.00 D. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ 5,000,000.00 $155,531.00 48 Month $ 5,000,000.00 $120,895.00 60 Month $ 5,000,000.00 $100,190.00 Page 1 of 3 EXHIBIT B: LEASING AND FINANCING OPTIONS IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company Name: Urban Energy Solutions, Inc. E. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ - Lease Factor: 48 Month $ - 12 Month 60 Month $ - F. Capital Lease: Minimum $ Opportunity: Lease Factor: 36 Month $ Lease Factor: 48 Month $ 12 Month 60 Month $ - 6, 7) OPERATING LEASE RATES. A. Operating Lease: Minimum $ Opportunity: Lease Factor: 12 Month $ 100,000.00 $8,664.00 24 Month $ 100,000.00 $4,489.00 36 Month $ 100,000.00 $3,099.00 48 Month $ 100,000.00 $2,406.00 60 Month $ 100,000.00 $1,992.00 B. Operating Lease: Minimum $ Opportunity: Lease Factor: 12 Month $ 500,000.00 $43,321.00 24 Month $ 500,000.00 $22,443.00 36 Month $ 500,000.00 $15,496.00 48 Month $ 500,000.00 $12,031.00 60 Month 1 $ 500,000.00 $9,960.00 C. Operating Lease: Minimum $ Opportunity: Lease Factor: 12 Month $ 1,000,000.00 $86,642.00 24 Month $ 1,000,000.00 $44,886.00 36 Month $ 1,000,000.00 $30,992.00 48 Month $ 1,000,000.00 $24,062.00 60 Month $ 1,000,000.00 $19,919.00 Page 2 of 3 EXHIBIT B: LEASING AND FINANCING OPTIONS IFB 17-13 PV ELECTRICAL & LIGHTING PRODUCTS AND SERVICES Company fame: Urban Energy Solutions, Inc. D. Operating Lease: Minimum $ Opportunity: Lease Factor: 24 Month $ - 12 Month $ 5,000,000.00 $433,210.00 24 Month $ 5,000,000.00 $224,430.00 36 Month $ 5,000,000.00 $154,958.00 48 Month $ 5,000,000.00 $120,312.00 60 Month $ 5,000,000.00 $99,597.00 E. Operating Lease: Minimum $ Opportunity: Lease Factor: 12 Month $ - 24 Month $ - 36 Month $ - 48 Month I$ - 60 Month 1 $ - F. Operating Lease: Minimum $ Opportunity: Lease Factor: 12 Month $ 24 Month $ - 36 Month $ - 48 Month $ - 60 Month $ - Page 3 of 3 CRESCENT ELECTRIC SUPPLY COMPANY To: Whom so ever it may concern 3254 E. Broadway Road Phoenix, AZ 85040 Tel: 602-453-5955 Fax: 602-431.-6688 Date: March 01, 2017 We wish to inform that Urban Energy Solutions 3312 E Broadway Rd, Phoenix, AZ 85040 is the official authorized dealer of Crescent Electric's complete range of products. We request you to make use of their services for Crescent Electric. Best regards Marc Geerdes Account Manager Crescent Electric Supply 3254 E. Broadway Road Phoenix, AZ 85040 TAB 3 COST 1. QUESTIONNAIRE 3 (Page 40) Please refer to the end of this section for our completed Cost Forms. G PVSchools Electrical and Lighting Products and Services I IFS No. 17-13PV BGLuT1®NS QUBEITICIN N All R9 3: aoST — IV113 3 CC IST: Instructions to provide aost inform, tion is prwilclecl t elo►nl. Pie -c se citilize this cl acklist to ensure all coat inllormation t as be an provided: INSTRUCTIONS: V (la m F fete all applicable priaingI a sit p artain s to Ipur fire's offerings on the a ttact ed E) CEL Spre s dsI ae t lat a led "IFB I3.113AVOMITMIRM'. Gast Forma are carnprieecl015 Tats: a. Region a I Pricing (`r ello►r ): E idders should ct a ck all reglions in Alriza na and/or natio r all)l that are in a ludo cl El in 1:1 a bid. III an additional cost or disco tint are offered ilor a roc lion, space is clesicInated for bidder to state percentage al inarease ordearease incast. b. Man u'lacturere & Percent DiScollnt! (Blue): Al list o1 N e nuiaaturers I as been proriided. Bidders should x ❑ state the N ININ UN Disaount offs red under proposed ca ntract. A re nge is allowed, 11 a p plicable , hom ever, the N ININ UN Disaa Lint will be o %ialuated and sca red. c. MAIF KMTI BAISKHT- per UC M (Clreen): In a rder to as nduat fair dNialtlations ilor cast, please K rovicle 0 procltict 11 ricingl per unit o1 measure flar all (a r as many) prodLicta listed. For all pro(lticts, the fixed price stall ra p resent tt a cast of F roduat onl)l NCIT INOLUDINCI INSTAILLATICIPI. d. Installation and Service Rates (Orangle): The bicider at all p ravldo labor rateslll ricincl lor the %iariocls ope rations requa s ted under tl is IFB. e. Aidditional Pra clucts an dlor Se Mae s (Ciro y): Bidde m i mall add any a dditia nal gra ducts they wish to ni a M e ❑ ariaik t Ie tinder an, warded contract. Aln)l additional products affe red at ave and beya nd III ase listed in the Narket Basket shall Hall within the gle neral scope a )this solicitation in order to be cansidered. Items listed in tt is s e c tia n stall sane the F urpos a -br ve rifyi n c I contract a a m plie ncei Ibr using ro e m bers. Alddition a l ilorms mail be s Lit miffed to list pricing) lar -lull prods iat lines as well. • AIII pricing must be fllled out electronically and swied in MNCIEL -brroat. DCI NM complete by t a nclmiritingl in in l . Q EN C1EL fa rmat s1 oulcl t e unlocl ed ilor tl a purposes ofl evaltiatingl costs scit m ittecl. • "hee OCIST HCF N is completes), print a tit all Ilorms and include a harcicapy in this seation al yaLir tid and sale as a POR lor yc Lir PDF submission also- this will ensure tt a integrity of pricing slit mit ed and avoid potential rejection Q 01 t ids in tale event an excel spreadsheet does nctilunation praFerlll wl an openecl ele(itronicall)l (a Gammon oac urrenae). F emern t er to SAN E east we rl sheo t as ) lou ga to ens t i re yo Ir %iorl s heet is ca m pla to prior to saving to tt e tt t im b driNie. Subm it an ) I add itiona I pria a lis is a r e xpla n ation a I cos t as a p plia able to yc Lir'irm a s nea sled ilor 1 ra clucts Isem ice s x net addressed in the Clos t Form. It is t1 a Offe ra is res pons it fifty to t e the ra Llgh in explaining hovel costs are ap plied for products and ion fees. 1GF A 17-13R V Elealrical and l ightiuc R rocluats and Se ruses R agle 40 of ell REGIONAL PRICING IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: Please enter Y or N under the first column for all regions that your firm is able to provide services to if awarded a contract. Bidder should complete the pricing increases (or decreases) by a percentage, as applicable in the second column. Any specific limiations, exclusions, or notes may be provided in the space provided below. ARIZONA REGIONS NATIONAL REGIONS- BY STATE 1 Alabama No i 1 East Region- Gila, Navajo & Apache Yes 0 No 2 East Region- Greenlee, Graham Yes 0 7 Delaware 3 Greater Phoenix Region- Maricopa Yes 0 No 4 North Region- Yavapai & Coconino Yes 0 12 Illinois 5 North West Region- Mohave Yes 0 No 6 South Region- Pinal, Pima, Cochise & Santa Cruz Yes 0 17 Louisiana 7 West Region- Yuma & La Paz Yes 0 No NATIONAL REGIONS- BY STATE Page 1 of 18 1 Alabama No 2 Alaska No 3 Arkansas No 4 California No 5 Colorado No 6 Conneticut No 7 Delaware No 8 Florida No 9 Georgia No 10 Hawaii No 11 Idaho No 12 Illinois No 13 Indiana No 14 Iowa No 15 Kansas No 16 Kentucky No 17 Louisiana No 18 Maine No 19 Maryland No Page 1 of 18 REGIONAL PRICING IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: Please enter Y or N under the first column for all regions that your firm is able to provide services to if awarded a contract. Bidder should complete the pricing increases (or decreases) by a percentage, as applicable in the second column. Any specific limiations, exclusions, or notes may be provided in the space provided below. 20 Massachusetts No 21 Michigan No 22 Minnesota No 23 Mississippi No 24 Missouri No 25 Montana No 26 Nebraska No 27 Nevada No 28 New Hampshire No 29 New Jersey No 30 New Mexico No 31 New York No 32 North Carolina No 33 North Dakota No 34 Ohio No 35 Oklahoma No 36 Oregon No 37 Pennsylvania No 38 Rhode Island No 39 South Carolina No 40 South Dakota No 41 Tennessee No 42 Texas No 43 Utah No 44 Vermont No 45 Virginia No 46 Washington No 47 West Virginia No 48 Wisconsin No 49 Wyoming No 50 Page 2 of 18 MANUFACTURERS & PERCENT DISCOUNTS IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. er the contract to 1GPA members. This discount may increase depending on actual orders placed, however, the aunt can not decrease after contract award. Minimum % Discount Offered will be a significant weight in rmining the lowest responsible, responsive bid. If your firm does not supply the products listed below, please VE BLANK. If your firm does supply the product but preferes to utilize a "FIXED PRICE" with zero percent ount, please state "FIXED". Offerors must include a discount, fixed prices, or a combination of both to be sidered responsive. In order to evaluate this section, an average %discount will be utilized. Bidders should take into consideration that multiple "zero" percentage discounts may significantly reduce the average discount SECTION A: Indicate the Minimum Percentage Discount off of specific Manufacturers (listed below): Instructions: Brands listed below are samples only for evaluation purposes and offerors are NOT required to submit discounts on all items listed below. Manufacturers are purposely duplicated and broken down into subcategories to allow bidders to give the most accurate percentage discount within a line of products. If discount remains the same for all subcategories, please fill in the correct percent discount for each instead of leaving blank. Blank fields will be considered a NO BID. 1 SE:, . _ , 0 3M COMPANY U Y F MA .. RERRICE MISC ELECTRICAL MATERIAL LIST 10% 2 ACI SENSORS 15% 3 AMERICAN POLYWATER MISC ELECTRICAL MATERIAL 4 BLACKBURN MISC ELECTRICAL MATERIAL 5 CHRISTY CONCRETE BOXES 10% 6 COLUMBIA LIGHT FIXTURES 7 COOPER LIGHT FIXTURES 8 COOPER BUSSMANN ELECTRICAL GEAR; DISCONNECTS, BREAKERS, XFMRS, PANELS, FUSES 25% 9 CREE LIGHT FIXTURES 10 CUTLER -HAMMER DISTRIBUTION AND CONTROLS ELECTRICAL GEAR; DISCONNECTS, BREAKERS, XFMRS, PANELS, FUSES 11 DOTTIE, L.H., COMPANY MISC ELECTRICAL MATERIAL 20% 12 DWYER SENSORS 13 HOFFMAN ENCLOSURES BOXES 15% 14 HONEYWELL ELECTRONIC FIELD DEVICES 20% 15 HONEYWELL COMMERCIAL/ INDUSTRIAL 20% 16 HONEYWELL THERMOSTATS 20% 17 1HONEYWELL FORCED AIR ZONING 20% 18 HONEYWELL RESIDENTIAL WATER 20% 19 HONEYWELL E -MON 20% 20 HONEYWELL INDOOR AIR QUALITY 20% 21 HONEYWELL COMMERCIAL ACTUATORS 20% 22 HONEYWELL COMMERCIAL AND CONFIGURED VALVES 20% 23 HONEYWELL RESIDENTIAL 20% 24 HONEYWELL LINE VOLT 20% 25 IDEAL INDUSTRIES, INC. MISC ELECTRICAL MATERIAL 26 JOHNSON LNET 15% 27 IJOHNSON ABFX 15% 28 IJOHNSON BNET 15% 29 IJOHNSON MACT 15% Page 3 of 18 MANUFACTURERS & PERCENT DISCOUNTS IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. under the contract to 1GPA members. This discount may increase depending on actual orders placed, however, the discount can not decrease after contract award. Minimum % Discount Offered will be a significant weight in determining the lowest responsible, responsive bid. If your firm does not supply the products listed below, please LEAVE BLANK. If your firm does supply the product but preferes to utilize a "FIXED PRICE" with zero percent discount, please state "FIXED". Offerors must include a discount, fixed prices, or a combination of both to be considered responsive. In order to evaluate this section, an average %discount will be utilized. Bidders should take this into consideration that multiple "zero" percentage discounts may significantly reduce the average discount SECTION A: Indicate the Minimum Percentage Discount off of specific Manufacturers (listed below): Instructions: Brands listed below are samples only for evaluation purposes and offerors are NOT required to submit discounts on all items listed below. Manufacturers are purposely duplicated and broken down into subcategories to allow bidders to give the most accurate percentage discount within a line of products. If discount remains the same for all subcategories, please fill in the correct percent discount for each instead of leaving blank. Blank fields will be considered a NO BID. Page 4 of 18 ECTION A. MINIMUM DISCOUNT OFF MANUFACTURER'S PRICE LIST 30 JOHNSON PNEU 15% 31 JOHNSON HVAC 15% 32 JOHNSON REF 15% 33 JOHNSON PVEN 15% 34 JOHNSON DMPR 15% 35 JOHNSON KELE 15% 36 KELLEMS ELECTRICAL DEVICES; WIRING DEVICES, LIGHTING CONTROLS 30% 37 KMC THERMOSTATS 35% 38 KMC CONTROLLERS 35% 39 KMC SENSORS 35% 40 KMC DAMPERS AND ACTUATORS 35% 41 KMC VALVES 35% 42 LIGHTING EFFICIENT DESIGN LIGHT FIXTURES 43 LITH -CTR LIGHT FIXTURES 44 LITH-DWN LIGHT FIXTURES 45 LITH -EMR LIGHT FIXTURES 46 LITH-FLO LIGHT FIXTURES 47 LITH-HTK LIGHT FIXTURES 48 LUNERA LAMPS 49 LUTRON ELECTRICAL DEVICES; WIRING DEVICES, LIGHTING CONTROLS 50 MAXLITE LIGHT FIXTURES 51 MAXLITE LAMPS 52 NSI INDUSTRIES, INC. MISC ELECTRICAL MATERIAL 53 IP2 LIGHT FIXTURES 54 PHILIPS LIGHT FIXTURES 55 PHILIPS BALLASTS & DRIVERS; FLOURESCENT, LED TUBE DRIVERS 56 PHILIPS LAMPS 57 RAB LIGHT FIXTURES 58 RAB LIGHT FIXTURES 59 RECTORSEAL CORPORATION, THE MISC ELECTRICAL MATERIAL Page 4 of 18 MANUFACTURERS & PERCENT DISCOUNTS IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. ar the contract to 1GPA members. This discount may increase depending on actual orders placed, however, the ount can not decrease after contract award. Minimum % Discount Offered will be a significant weight in rmining the lowest responsible, responsive bid. If your firm does not supply the products listed below, please VE BLANK. If your firm does supply the product but preferes to utilize a "FIXED PRICE" with zero percent ount, please state "FIXED". Offerors must include a discount, fixed prices, or a combination of both to be dclered responsive. In order to evaluate this section, an average %discount will be utilized. Bidders should take into consideration that multiple "zero' percentage discounts may significantly reduce the average discount SECTION A: Indicate the Minimum Percentage Discount off of specific Manufacturers (listed below): Instructions: Brands listed below are samples only for evaluation purposes and offerors are NOT required to submit discounts on all items listed below. Manufacturers are purposely duplicated and broken down into subcategories to allow bidders to give the most accurate percentage discount within a line of products. If discount remains the same for all subcategories, please fill in the correct percent discount for each instead of leaving blank. Blank fields will be considered a NO BID. SECTION A. MINIMUM DISCOUNT OFF MANUFACTURER'S PRICE LIST 60 RED DOT BOXES 25% 61 RELIABLE CONTROLLERS 35% 62 RELIABLE SENSORS 35% 63 RELIABLE TRANSMITTERS 35% 64 RELIABLE ENCLOSURES 35% 65 RELIABLE TRANSFORMERS 35% 66 SENVA SENSORS 35% 67 SIEMENS ELECTRICAL GEAR; DISCONNECTS, BREAKERS, XFMRS, PANELS, FUSES 68 SIMKAR LIGHT FIXTURES 69 STEEL CITY / THOMAS & BETTS BOXES 30% 70 THOMAS & BETTS CORP. MISC ELECTRICAL MATERIAL 30% 71 WATTSTOPPER ELECTRICAL DEVICES; WIRING DEVICES, LIGHTING CONTROLS 30% THIS WILL BE YOUR AVERAGE PERCENT DISCOUNT FOR SECTION A ------------------ > 23% SECTION B: FOR ALL OTHER MANUFACTURERS OFFERED NOT LISTED ABOVE, Indicate the Minimum Percentage Discount off proposed (list below): Instructions: For all other manufacturers that your firm would like to include in your offer that are not listed above, please complete, at minimum, the manufacturer's name and Minimum % Discount Off proposed. Additional forms may be utilized if preferred. Additional products will also be evaluated based on an Average Percent Discount for all items listed below. SECTION B. ADDITIONAL PRODUCTS NOT LISTED ABOVE: Line Manufacturer Type Of Products Minimum Discount % Page 5 of 18 MANUFACTURERS & PERCENT DISCOUNTS IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. under the contract to 1GPA members. This discount may increase depending on actual orders placed, however, the discount can not decrease after contract award. Minimum % Discount Offered will be a significant weight in determining the lowest responsible, responsive bid. If your firm does not supply the products listed below, please LEAVE BLANK. If your firm does supply the product but preferes to utilize a "FIXED PRICE" with zero percent discount, please state "FIXED". Offerors must include a discount, fixed prices, or a combination of both to be considered responsive. In order to evaluate this section, an average % discount will be utilized. Bidders should take this into consideration that multiple "zero" percentage discounts may significantly reduce the average discount SECTION A: Indicate the Minimum Percentage Discount off of specific Manufacturers (listed below): Instructions: Brands listed below are samples only for evaluation purposes and offerors are NOT required to submit discounts on all items listed below. Manufacturers are purposely duplicated and broken down into subcategories to allow bidders to give the most accurate percentage discount within a line of products. If discount remains the same for all subcategories, please fill in the correct percent discount for each instead of leaving blank. Blank fields will be considered a NO BID. SECTION A. MINIMUM DISCOUNT OFF MANUFACTURER'S PRICE LIST to THIS WILL BE YOUR AVERAGE PERCENT DISCOUNT FOR SECTION B ------------------> I None. Page 6 of 18 MARKET BASKET- Per UQM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: In order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide ,product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below is for product only AND SHOULD INCLUDE THE MINIMUM % DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List". Pricing invoiced to members shall not exceed the cost listed below, however, pricing invoiced to customer may be lower than price listed due to higher discounts applied for large volume/bulk orders. Space is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many items listed in the market basket as possible. LIGHT FIXTURES Line Manufacturer Name Part No. Descrlptfon 11,10M Ahemale (Optional) Spectfy Brand Unit Price (Per quantity and Part Number stated in UOM) PHILIPS FV KIT - 1 REFURBISHMENTS 781087134061 EV KIT 2X4 P 42L 42W 840 5 MK10 7 G2 1 $ 188.50 PHILIPS E KIT - 2 REFURBISHMENTS 781087135877 EVOKIT 2X4 P 52L 50W 835 2 STEP 5 G2 1 $ 188.50 PHILIPS E KIT - 3 REFURBISHMENTS 781087135884 EVOKIT 2X4 P 52L 5-0-W-8-40 2 TEP 5 G2 1 $ 188.50 IPHILIPS EV KIT - 4 REFURBISHMENTS 781087134122 EVOKIT 2X4 P 52L 51 W 835 2 0-10 5 G2 1 $ 186.88 PHILIPS EV KIT - 5 REFURBISHMENTS 781087134283 EVOKIT 2X4 P 52L 51W 840 2 0-10 5 G2 1 $ 186.88 6 MAXLITE RKT2014U4550DV RETRO KIT TROFFER 2X2 JNIV 120- 277V 45W 5000K DIMMING 1 $ 96.15 7 MAXLITE RR4154OW 73568 15W LED 4" COMMERCIAL DOWNLIGHT RETROFIT 4000K 1 $ 102.56 8 COLUMBIA X2, LED, 120-277V, SINGLE DRIVER, LJT22-40-HLG-FSA12 HIGH LUMEN 1 $ 115.50 9 CREE ZR24-40L-40K-10V ZR24, 40001m, 4O00K, 0-10V Dimming 1 $ 122,32 10 CHEE ZR24-40L-35K-CMA ZR 4, 40001m, 3500K, SmartCast Technolo 1 $ 149.15 11 CREE 6" LED Downlight, 40 0 00 , 12DV, CR6-80OL-40K-12-E26 E26 Base, True White 1 $ 33.75 12 HAS FFLED26 26 -WATT LED FLOODLIGHT 1 $ 157.32 13' SIMKAR CLED405OUl LED CANOPY LIGHT 1 $ 132.00 14 RAS ALED52 52 -WATT LED POLE LIGHT 1 $ 308.00 15 LIGHTING EFFICIENT DESIGN LED -8029M30 LED -8029M 24W BOLLAHD T TOP / SITE LIGHTING 300CK 1 $ 80.77 16 PREPA TKU2X23LWATMN8N 2X2 3L RETRO U LAMP CONVERSION B KI 1 $ 11.50 17 COLUMBIA LJL22-35VL - FSSFAEDU C588 WITH WHIP 1 $ 319.70 16 MAXLITE RR6304OW 30W LT FX 1 $ 90.85 19 MAXLITE RR83040W 30W LT FX 1 $ 98.32 20 PHILLIPS 506451 EVOKIT 2X4 P 42L 37W 840 2 SR 7 G 1 $ 100.62 21 PHILLIPS 507400 EVOKIT 2X2 P 32L 29W 840 2 SR 7 G 1 $ 80.77 22 RAS ALED3T105 105W LT FX 1 $ 503.70 23 BAB ALED3T150 150W LT FX 1 $ 503.70 24 RAS ALED3T50 1 $ 412.85 25 RAB FFLED52 52W FLD-LT 1 $ 277.15 26 RAB FFLED80 BOW LT FX 1 $ 240.35 Page 7 of 18 MARKET BASKET- Per UOM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: In order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below is for product only AND SHOULD INCLUDE THE MINIMUM !o DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List". Pricing invoiced to members shall not exceed the cost listed below, however, pricing Invoiced to customer may be lower than price listed due to higher discounts applied for large volume/bulk orders. Space Is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many Items listed In the market basket as passible. 27 RAS FLED26 BALLASTS AND DRIVERS ELECTRONIC T8 BALLAST 1 Lam 1 $ 222.00 28 RAS FXLED105T 105W LT FX 1 $ 453.10 29 RAS RAIL15OW 14.66 1 $ 301.00 30 RAE RAIL185W 40 1 $ 337.00 31 RAS RAIL95W IOP1S32LWSC 1 $ 254.15 32 RAB SLIM18 18W LED WALL PACK 1 $ 120.00 33 RAB SLIM26 26W LED WALL PACK 1 $ 127.00 34 RA8 VANLED20 LED LT FX 1 1 ICN2P16TLEDN 193.20 351 IWPLED104 104W WLPK LT FX 1 1 1 ADVANCE 3-4 LAMP LED DRIVER 337.00 36 PHILIPS ICN1P32N351 BALLASTS AND DRIVERS ELECTRONIC T8 BALLAST 1 Lam 1 $ 11.91 37 PHILIPS IC21 P32N351 ELECTRONIC T8 BALLAST 2 -Lam 1 $ 13.85 38 PHILIPS ICN3P32N351 ELECTRONIC T8 BALLAST 3 -Lam 1 $ 14.66 39 PHILIPS ICN4P32N351 ELECTRONIC T8 BALLAST 4 -1 -am 1 $ 15.12 40 $ 20.51 54 MAXLITE L16T8DF440 41 PHILIPS IOP1S32LWSC 1 LAMP PROGRAM START T8 BALLAST 1 $ 14.40 42 PHILIPS IOP2PSP32LWSC 2 LAMP PROGRAM START T8 BALLAST 1 $ 14.40 43 PHILIPS IOP3PSP32LWSC 3 LAMP PROGRAM START T8 BALLAST 1 $ 15.60 44 PHILIPS IOP4PSP32LWSC 4 LAMP PROGRAM START T8 BALLAST t $ 16.80 45 PHILIPS ICN2P16TLEDN ADVANCE 1-2 LAMP LED DRIVER 1 $ 13.35 46 PHILIPS ICN4P16TLEDN ADVANCE 3-4 LAMP LED DRIVER 1 $ 15.30 47 ADV ICN2P16TLEDN35M ELE DRIVER 4 16W TLED 120-277V 1 $ 11.90 48 ADV ICN4P16TLEDN35M ELE DRIVER 4 16W TLED 120-277V 1 $ 14.55 49 PHILIPS 503441 EM Driver 1 $ 115.00 LAMPS 50 PHILIPS F32 28WATT T8 EXTRA LONG LIFE LAMP T8/ADV841/2XLIALTO 80K HOURS 1 $ 3.20 51 PHILIPS MH150/U/M 15OW METAL HALIDE LAMP 1 $ 12.16 52 PHILIPS MH1500/U 1500W METAL HALIDE LAMP 1 $ 42.55 53 MAXLITE L15T8SE450 73980 15W 4 -FT LED T8 5000K LED TUBE LAMP 1 $ 20.51 54 MAXLITE L16T8DF440 7449TT9WT-TTZR1rTFFT-EE-5-TiT- 4000K LED TUBE LAMP 1 $ 19.23 55 MAXLITE L16T8DF450 74493 16W 4 -FT DIRECTFIT LEDDIRECT TS 5000K LED TUBE LAMP 1 $ 19.23 56 MAXLITE L18TBDF440-G 74494 18W 4 -FT DIRECTFIT LED T8 4000K - GLASS LED TUBE LAMP 1 $ 20.19 57 PHILIPS .5 - - 4000 -IF IFTWATT-7M VERTICAL LED LAMP INSTANTFIT 1 $ 15.50 58 PHILIPS 16.5PL-LEDl24-4000 16.5WATT 4 PIN INSTANT FIT 2FT PLL LED LAMP INSTANTFIT 1 $ 20.00 59 LUNERA HN -H- 24D -26W- 4000-G2 13WATT H RIZ NTAL 2 -PIN 4000K LED LAMP 1 $ 22.00 60 PHILIPS 458430 10.5PL-C/T LED/26V-4000 IF 4P 10 1 $ 10.53 61 PHILIPS 467860 12PAR30LIAB/F401840 DIM 1 $ 9.37 62 PHILIPS 456657 16.5PL-LED/24-4000 IF 1011 1 $ 13.75 63 PHILIPS 452037 8.5TB/244000 IF 1011 1 $ 8.70 64 PHILIPS 452078 10.5T8/36-4000 IF 10/1 1 $ 10.00 65 PHILIPS 468280 10T8/48-4000 IF 10/1 1 $ 8.92 66 LUNERA 461574 7MR16/LED/F25/840/DIM 1 $ 10.35 67 LUNERA 458398 8.5PL-CIT LED1261-1-4000 IF 4P 10/1 1 $ 10.52 68 LUNERA 455881 9A19/LED/8501DIM 120V 611 1 $ 4.50 69 LUNERA -U-S - 840G4 1 $ 11.90 Page 8 of 18 MARKET BASKET- Per UOM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban EneMy Solutions, Inc. Instructions: In order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below is for product only AND SHOULD INCLUDE THE MINIMUM °! DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List",. Pricing invoiced to members shall not exceed the cost listed below, however, pricing invoiced to customer may be lower than price listed due to higher discounts applied for large volumelbulk orders. Space is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many items listed in the market basket as possible. 70 Part No. H - - 24D-26 - BOXES lima a (Optl0nal)SPe0tfV Brandn and Part Number r ce(Per Uuaniny. stated in UOM) 90 Wiring Device-Kellems Line Manufacturer Name LUNERA 4000G2 2 PIN H 1 Price(Per Quantity stated In UOM) $ 16.44 71 IHD3-2 D-2 100 $ 781.85 74 Red Dot 1 LUNERA 4000G2 2 PIN V 1 782.33 $ 16.44 72 LEFDS8029E-XX1 1G DEEP BELL BOX WITH 4EA 112"KO'S 100 $ 1,339.65 $ 52.92 ELECTRICAL DEVICES Line Manufacturer Name Part No. Description BOXES lima a (Optl0nal)SPe0tfV Brandn and Part Number r ce(Per Uuaniny. stated in UOM) 90 Wiring Device-Kellems Line Manufacturer Name Part No. Description UOM Alternate (Optional) pec rand Unit and Part Number Price(Per Quantity stated In UOM) 73 Red Dot 20A 1201277V SP -TOGGLE SWITCH IHD3-2 1 G DEEP KEEL BOX WITH 3EA 3/4" KO'S 100 $ 781.85 74 Red Dot 1 IHD3-3 1G DEEP BELL BOX WITH 3EA 1"KO'S 100 $ 782.33 751 Red Dot $ IHD4-1 1G DEEP BELL BOX WITH 4EA 112"KO'S 100 $ 1,339.65 76 Red Dot 4.97 IHD4-2 1 G DEEP BELL B X KO'S 100 $ 1,397.05 77 Red Dot 96 SENSOR SWITCH 21HD5-1 DEEP BELL BOX WITH5EA 112' KO'S 100 $ 1,179.27 STEEL CITY TH09AS& 78 BETTS PP20 2P 52171CV-112&314 4SO DEEPBOX W12&34K ' WITH BRACKET 100 $ 115.95 STEEL CITY I TH A 79 BETTS & 54151.1!2014 4 OCT BOX 112 & 314 KO'S. 100 $ 94.09 STEEL CITY THOMAS 80 BETTS & 54151-CFB 4 IN OCTOGON CEILING FAN BOX 100 $ 572.45 TEEL ITY TH MA 81 BETTS & 54171-1/2&314 4 IN DEEP OCT BOX 112 & 314 KO'S 100 $ 207.95 82 Hoffman Enclosures 42.4D A36R3612 36X36Xf2 N3R PULL BOX 1 $ 371.80 83 Hoffman Enclosures F44G12 1 1 WIREWAY 1 $ 11.19 84 Hoffman Enclosures F44G24 4X4X24Fr STRAIGHT SECTION WIREWAY 1 $ 17.69 85 Hoffman Enclosures F44GUC 4X4 U -CONNECTOR 1 $ 3.60 86 Chr€s Concrete N09BOX N9 CONCRETE ELECTRICAL BOX 1 $ 29,65 87 Christy Concrete N09T N9 CONCRETE LID ELECT 1 $ 22.80 88 Christy Concrete IN16BOX IN16 CONCRETE ELECTRICAL BOX 1 $ 37.22 89,Christy Concrete IN16T IN16 CONCRETE LID ELECTRIC 1 $ 31.26 ELECTRICAL DEVICES Line Manufacturer Name Part No. Description UOM lima a (Optl0nal)SPe0tfV Brandn and Part Number r ce(Per Uuaniny. stated in UOM) 90 Wiring Device-Kellems CR20WH1 20A 125V DUPLEX RECEPTACLE 1 $ 1.20 91 Wiring Device-Kellems CS120W 20A 1201277V SP -TOGGLE SWITCH 1 $ 1.93 92 Wiring Device-Kellems HBL1221W SP 20A WHT AC SWITCH 1 $ 3.25 93 Wiring Device-Kellems GFR8300HRLA 20A 125V GFCI RECEPTACLE 1 $ 43.18 94 Wiring Device-Kellems HBL5266C PLUG-NEMA5-15P 1 $ 4.97 95 Wirino Device-Kellems NP26W WALLPLATE 1 GANG DECORA 1 $ 0.33 96 SENSOR SWITCH PP20 SINGLE POLE POWER PACK 1 $ 43.08 97 SENSOR SWITCH PP20 2P TWO POLE POWER PACK 1 $ 72.53 98 WATTSTOPPER DT -200 CEILING/WALL SENSOR 1 $ 49.78 99 WATTSTOPPER BZ -50 POWER PACK 1 $ 33.47 100 PHILLIPS 514877 EASYSENSE EVO102 1 $ 16.40 101 ILLMR 713T-S1AWH Sin le Switch 1 $ 42.4D ELECTRICAL GEAR Page 9 of 18 Alternate (Optional) pec rand unnPriceiPerQuantity Line Manufacturer Name Part No. Description UOM and Part Number stated In UOM) HW 3P LE 100A 01ROU IT BREAKER 102 Cutler -Hammer Dist & Controls QBHW3100H 22KAIC 1 $ 211.17 BAB - I ER 103 Cutler -Hammer Dist & Controls BA63030H 10KAIC 1 $ 95.00 15 KVA 3PH, 480V- 208 20 104 Siemens Electrical Distribution V461Ui28T1516 TRANSFORMER 1 $ 1,244.71 30 VA 3PH, 480V- 208Y/1 20V ALUM 105 Sr`emens Electrical Distribution V48M28T3016 TRANSFORMER 1 $ 1,547.57 208Y/120V ALUM 106 Siemens Electrical Distribution 3F3Y045DI6 TRANSFORMER 1 $ 1,974.51 Page 9 of 18 MARKET BASKET- Per LIOM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: In order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below is for product only AND SHOULD INCLUDE THE MINIMUM % DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List". Pricing invoiced to members shall not exceed the cost listed below, however, pricing invoiced to customer may be lower than price listed due to higher discounts applied for large votumefbulk orders. Space is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many items listed in the market basket as possible. L71104 Line Manufacturer Name part No. 75 KVA 3PH, 480V- 208Y 120 UOM ema e p lona pec ran(I and Part Number Unit Price(Per Quantity stated In UOM) 107 Siemens Electrical Distribution 3F3Y075D16 TRANSFORMER 1 e TRI I $ 2,417,83 118 WIRE AND CABLE VARIOUS 110-STR-THHN-CU 11 - 208Y/120V 1000 3/4G RC $ 1,499.60 108 Siemens Electrical Distribution 3F3Y112016 TRANSFORMER 1 $ 3,270.04 120 WIRE AND CABLE VARIOUS 500MCM-THHN-CU 150 KVA 3PH, 48OV- 208Y11 20V ALUM 1000 1 $ 7,148.40 109 Siemens Electrical Distribution 3F3Y150D16 TRANSFORMER 1 $ 4,134.09 122 WIRE AND CABLE VARIOUS 750MCM-THHN-CU 750MOM-THHN-CU WIRE 1000 27.30 $ 14,829.25 123 WIRE AND CABLE VARIOUS 20OA-MCB1201208V 200AMP, MCB, 1201208V, 3PH, 10K, CU, 1000 130 Dottie, L.H., Company special build/need more 110 Siemens Electrical Distribution 10K 42C N -1 -PANEL NEMA 1 PANELBOARD 1 1906 info 125 WIRE AND CABLE VARIOUS 400A-MCB1201208V 400AMP, MCB, 1201208V, 3PH, 10K, CU, 1000 314 IN 2 HOLE STRAP STEEL special buildlneed more 111 Siemens Electrical Distribution 10K 42C N -1 -PANEL NEMA 1 PANELBOARD 1 info 112 Coo er Bussmann FRN -R-7 7A 250V CLASS RK5 FUSE 1 $ $ 10.16 113 Cooper Bussmann FRS -R-60 60A 600V CLASS RK5 FUSE 1 $ 9.46 ALR -3 CONDUIT BODY 100 PANELBOARD P1 - 1-50A 3P 15-20A 1P 775.92 on uI Iexible And Liquidlite special build/need more 114 SIEMENS 100A MLO BOD 1 REDUC-WALL info 100 $ 355.00 PANELBOARD P1 - 7-30A 3P 21-20A 1 P special build/need more 115 SIEMENS 200A ML027 BOL) 1 100 info 69.00 200A MLO 12 -1-- special build/need more 116 SIEMENS 200A ML012 PANELBOARD P1 - 42-20A 1 P -BL 1 890.00 info L71104 Line Manufacturer Name part No. Description UOM ema e p lona pec ran(I and Part Number Unit Price(Per Quantity stated In UOM) 117 WIRE AND CABLE VARIOUS 8-STR-THHN-CU 8-STR-THHN-CU WIRE 1000 e TRI I $ 276.00 118 WIRE AND CABLE VARIOUS 110-STR-THHN-CU 110-STR-THHN-CU WIRE 1000 3/4G RC $ 1,499.60 119 WIRE AND CABLE VARIOUS 210-STR-THHN-CU 210-STR-THHN-CU WIRE 1000 $ 1,879.10 120 WIRE AND CABLE VARIOUS 500MCM-THHN-CU 500MCM-THHN-CU WIRE 1000 1 $ 7,148.40 121 WIRE AND CABLE VARIOUS 600MCM-THHN-CU 600MCM-THHN-CU WIRE 1000 $ 9,177.00 122 WIRE AND CABLE VARIOUS 750MCM-THHN-CU 750MOM-THHN-CU WIRE 1000 27.30 $ 14,829.25 123 WIRE AND CABLE VARIOUS 10-3 SOLID -MC 10-3 SOLID -MC CABLE 1000 130 Dottie, L.H., Company $ 1,132.75 124 WIRE AND CABLE (VARIOUS) 10-4 SOLID -MC 10-4 SOLID -MC CABLE 1000 1906 $ 2,678.35 125 WIRE AND CABLE VARIOUS 12.2 STR-MC 12-2 STR-MC CABLE 1000 314 IN 2 HOLE STRAP STEEL $ 408.25 RACEWAYS AND FITTINGS Page 10 of 18 Jutema e (Optional) pec ran n Price (Per Quantity uN i nEL and Part Number stated In UOM) e TRI I f26 GENERIC 3/4G RC 314 INCH GRC CONDUIT 100 $ 126.90 on wt: ouplings, lbows, 127 Accessories (Generic) 1-112-90DEG-EMT CONDUIT 1-112-90DEG-EMT ELBOW 1 $ 3.46 1 IN EMT ET SCREW 128 EGS, ETP, Neer 4100ST INSULATED 100 $ 27.30 129 Arlington Industries, Inc. 506A 2" DIE CAST CHASE NIPPLE 100 $ 764,84 130 Dottie, L.H., Company TW100 1 -IN I EMT STRAP 100 $ 10.45 131 EGS, ETP, Neer 1906 2 IN EMT 1 HOLE STRAP STEEL 100 $ 43.18 132 EGS, ETP, Neer _ TH-1802 314 IN 2 HOLE STRAP STEEL 100 $ 6.72 R -DOT ALR -2 N4INCH RIGID LR 133 Red Dot ALR -2 CONDUIT BODY 100 $ 403.97 R -D T ALR -3 1INCHD L 134 Red Dat ALR -3 CONDUIT BODY 100 $ 775.92 on uI Iexible And Liquidlite 3-IN-FLEX-AL3-IN-FLEX-ALUM-REDUC-WALL- 135enoric REDUC-WALL CONDUIT 100 $ 355.00 ondwe ext a nd igui tate 136 Generic 112-UAILA-GRAY 112-UA/LA-GRAY LIQ-TITE-CONDUIT 100 $ 69.00 1 IN FLEX COND TITE B E 90 DEGREE 137 Thomas 8 Betts Corporation 3137 CONNECTOR 1 100 $ 890.00 Page 10 of 18 MARKET BASKET- Per UOM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: in order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below Is for product only AND SHOULD INCLUDE THE MINIMUM % DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List". Pricing invoiced to members shall not exceed the cost listed below, however, pricing invoiced to customer may be lower than price listed due to higher discounts applied for large volumelbulk orders. Space is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many items listed in the market basket as possible. MISCELLANEOUS ELECTRICAL PARTS AND SUPPLIES Line Manufacturer Name Part No, 1.25 IN FLEX ND TIT BITE 90 UQM Alternate (optional) pec ran n and Pare Number rce(Per uan slated In t1OM) 138 Thomas & Betts Corporation 3138 DEGREE CONNECTOR 100 $ 1,500.00 149 Rectorseal Corporation, The 55964 5 IN FLEX CONDTI E BITE 90 1 $ 40.26 139 Thomas & Betts Corporation 3139 DEGREE CONNECTOR Ica $ 2,575.94 140 PVC CONDUIT GENERIC 112PVGBO 112 INCH PVC80 CONDUIT 100 $ 22.84 141 PVC CONDUIT GENERIC 314PVC80 314 INCH PVC80 CONDUIT 100 $ 30.36 142 PVC CONDUITGENERIC 1PVC80 1 INCH PVC80 CONDUIT 100 $ 41.58 STEELCl EWG-7060-2 RED GEN ELEC TAPE 1 $ 0.76 143 BETTS -STEEL A1200HS-10 DEEP SLOT CHANNEL 100 $ 125.00 CITY I THOMAS & EWG-7060-5 GREEN GEN ELEC TAPE 1 $ 0.76 144 BETTS B1400HS-10 SHALLOW 112 SLOT CHANNEL 100 $ 96.00 PVC ELBOWS & FITTINGS 4 -IN- BRAD- - PV 4 -IN- BRAD- 0D - 0- 1 $ 212.32 145 GENERIC SCH-40-ELL ELBOW 100 $ _ 1,650.00 PV ELB W & FITTIN 5 -IN -48R D-90DE - PV 5 -IN 48RAD 90DE H 40 1000 $ 110.96 146 GENERIC SCH-40-ELL IELBOW 100 $ 4,049.64 PV ELBOWS & FITTINGS6-IN-36RAD-90DE - P 6-IN-36RAD-90DE - H-40- 147 (GENERIC) SCH-40-ELL ELBOW 100 $ 3,989.18 MISCELLANEOUS ELECTRICAL PARTS AND SUPPLIES Line Manufacturer Name Part No, Description UQM Alternate (optional) pec ran n and Pare Number rce(Per uan slated In t1OM) 148 Rectorseal Corporation, The 55920 PURPLE PRIMER GALLON 1 $ 33.06 149 Rectorseal Corporation, The 55964 GRAY GLUE GALLON 1 $ 40.26 150 Rectorseal Corporation. The 55986 CLEAR GLUE GALLON 1 $ 28.58 151 Rectorseal Corporation, The 55994 BLUE GLUE GALLON HOT 1 $ 42.00 152 Rectorseal Corporation, The 55996 GRAY GLUE QUART 1 $ 9.70 153 NSI Industries, Inc. EWG-7060 BLACK GEN ELEC TAPE 1 $ 0.71 154 NSi Industries, Inc. EWG-7060-2 RED GEN ELEC TAPE 1 $ 0.76 155 NSi Industries, Inc. EWG-70604 YELOW GEN ELEC TAPE 1 $ 0.76 156 NSi Industries, Inc. EWG-7060-5 GREEN GEN ELEC TAPE 1 $ 0.76 157 American Po ater 0-128 DYNA BLUE PULLING LUBE GALLON 1 $ 16.73 158 American Po ater P-640 CLEAR PULLING LUBE 5 GALLON 1 $ 212.32 159 Ideal Industries, Inc. 30-651 YEL WNGNUT KEG5M/BG500 1000 _ $ 91.44 160 Ideal Industries, Inc. 30-652 RED WNGNUT KEG5M/BG500 1000 $ 110.96 Atlemate (Optional) pec rand Un1t Price (P6r-D—ua-n1rty Line Manufacturer Name Part No. Description UOM and Part Number stated In UOM) 161 162 163 164 165 166 167 -- - 168 169 170. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 _ 185 186 Page 11 of 18 MARKET BASKET- Per UOM IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: In order to conduct fair evaluations and to determine the lowest bid, specific products are listed to compare "apples to apples" pricing. Please provide product price per unit of measure for all manufacturer's products offered NOT INCLUDING INSTALLATION, TAXES, FREIGHT, OR ANY OTHER SERVICE COSTS. Pricing stated below is for product only AND SHOULD INCLUDE THE MINIMUM % DISCOUNT referenced on Bidder's "Minimum Discount off Manufacturer's Price List". Pricing invoiced to members shall not exceed the cost listed below, however, pricing invoiced to customer may be lower than price listed due to higher discounts applied for large volumetbulk orders. Space is provided for Alternate, Equivalent products to be considered. Market Basket Pricing will be utilized to evaluate and award a contract. Please provide pricing for as many items listed in the market basket as possible. Afternate (Optional) pec rana unn Fri"(per utuantity Line Manufacturer Name Part No. Description _DOM and Pan Number stated In LON) 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 Page 12 of 18 INSTALLATION AND SERVICE RATES IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: Bidder shall provide labor rates, service fees, and pricing for the various services allowed under this IFS. These Include: High Voltage (over 600V) and Low Voltage (less than 6001 major categories as specified In the Scope of Work. Note: Bidder may list operations not listed for consideration In FIR In the section provided below. A. HIGH VOLTAGE - GROUP 1 SERVICES (PER SCOPE OF WORK) Line- 711t?.„- 1 General Foreman - $125 Weekends/.. $185 Bidder Notes/Comments $240 2 Foreman $122 $182 $237 3 Lineman $125 $185 $240 4 Cable Splicer $122 $182 $237 5 Journeyman Electrician $110 $154 $200 6 Apprentice $85 $119 $155 7 Groundman $85 $119 $155 B. HIGH VOLTAGE - GROUP 2 SERVICES (PER SCOPE OF WORK Line ITitle Business Hours After Hours Weekends/ Holidays Bidder Notes/Comments _ 1 General Foreman $125 $185 $240 2 Foreman $122 $182 $237 3 Lineman $125 $185 $240 4 Cable Splicer $122 $182 $237 5 Journeyman Electrician $110 $154 $200 6 Apprentice $85 $119 $155 7 Groundman $85 $119 $155 C. LOW VOLTAGE SERVICES (PER SCOPE OF WORK) Line Tide Business Hours U@&Hours 0.56 Weekends/ Holidays Bidder Notee/Comrnents 1 Journeyman $ 35.00 $ 52.50 $ 70.00 2 Journe maNLeadman $ 41.00 $ 61.50 $ 82.00 3 Foreman $ 43.00 $ 64.50 $ 86.00 4 Apprentice $ 24.00 $ 36.00 $ 48.00 5 Project Manager $ 75.00 $ 112.50 $ 150.00 6 Delivery Driver $ 24.00 $ 36.00 $ 48.00 7 Programmer $ 108.00 $ 162.00 $ 243.00 8 Engineer $ 70.00 $ 105.00 $ 158.00 9 EMS Installer $ 55.00 $ 83.00 $ 125.00 10 EMS Foreman $ 85.00 $ 98.00 $ 147.00 17 JEMS Proem Mana er 1 $ 110.00 1 $ 165.00 1 $ 248.00 12 EMS Service Technician 1 $ 110.00 1 $ 165.00 1 $ 248.00 13EMS RemoteHelp Desk 1 $ 110.001$ 166.001 $ 248.00 D. TRAVEL RATES: PER DIEM, MILEAGE, ETC. Line IRAfflifilon I UOM: I COST I Comm MILEAGE: What is charged per mile for travel to project 1 location? Per Mile $ 0.56 LODGING: What is charged per room if (2) employees are 2 lod ed er room? Per Room $ 70.00 Per Day/ Per Room EAL ANDINCIDE TAL : What is charged per technician 3 for meals and incidental ex nsea7 Per Person $ 40.00 Per Person M BILIZATION: W at are mobilization costs per Vehicle 4 outside of Mancopa Coun ? Per Vehicle $ 170.00 Are re thecosts form ilizatlon within Madcopa County? 5(VES/NO). If so, what are the costs? Per Vehicle $ 35.00 TRAVEL DRIVE RATES: Pleaseprovldestralght time 6 charges par hour for each electrician listed below: 71 Journeyman Per Hour $ 35.00 8 Journe maNLeadman Per Hour $ 41.00 9 Foreman Per Hour $ 43.00 10 Apprentice Per Hour $ 24.00 11 Project Manager Per Hour $ 75.00 12 Delivery Driver Per Hour $ 24.00 13 Programmer Per Hour $ 108.00 14 Engineer Per Hour $ 70.00 15 EMS Installer Per Hour $ 55.00 16 EMS Foreman Per Hour $ 65.00 17 EMS Pro ect Mana er Per Hour $ 110.00 Page 13 of 18 INSTALLATION AND SERVICE RATES IF6 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: Bidder shall provide labor rates, service fees, and pricing for the various services allowed under this IFB. These Include: High Voltage (over 600V) and Low Voltage (less than 600V) major categories as specified In the Scope of Work Note: Bidder may list operations not listed for consideration In IFB In the section provided below. 181 EMS Service Technician I Per Hour Is 110.00 E. ADDITIONAL FEES AND SERVICE RATES Line JOescriptjon I UOM: I COST f Comments 1 Document Fees Per Pro'ect FREE COST Comments 2 Delive & Pickup Fees, if applicable (Describe in Comments) $ included in job costs 3 Consumable Shog Supplies & Materials Fee, if applicable (Describe in Comments) $ included in labor rates 4 Dumpstef Fees: 15 Yard Weekly Per Week $ Since dumpster rentals iluctuate per quarter as well as per location, we feel the best way to handle this would be to show the owner cost and mark it up 10 5 Dumpster Fees: 30 Yard Weekly Per Week $ 85.00 6 Dumpster Fees; 40 Yard Weekly Per Week $ 280.00 7 Dumpster Fees: 15 Yard Monthly Per Month $ 575.00 8 Dumpster Fees: 30 Yard Monthly Per Month $ 125,00 9 Dumpster Fees: 40 Yard Monthly Per Month $ 430.00 10 Consulting Fees Per Hour FREE 900.00 11 1 Desian Fees Per Hour FREE 195.00 12 Site urvey/Energy Audit Per Hour FREE 705.00 13 Prog mming Services Per Hour $110.00/1-1R 1,900.00 14 Support Services Per Hour $110.00MR 190.00 15 Training Services Per Hour $110.00/HR 575.00 SERVICE CHARGES FOR SPECIAL EQUIPMENT Line Charges or Rates/ Miscellaneous Service Description UOM: COST Comments 1 19° ELECTRIC SCISSOR LIFT(per Da) Da $ 75.00 2 19' ELECTRIC SCISSOR LIFT (per Week) Week $ 200.00 3 19' ELECTRIC SCISSOR LIFT (per Month) Month $ 325.00 4 26ELECTRIC SCISSOR LIFT (per Da) Da $ 85.00 5 26' ELECTRIC SCISSOR LIFT(per Week Week $ 280.00 6 26' ELECTRIC SCISSOR LIFT (per Month) Month $ 575.00 7 26' 4WD SCISSOR LIFT (per Da) Da $ 125,00 8 26' 4WD SCISSOR LIFT (per Week) Week $ 430.00 9 26' 4WD SCISSOR LIFT (per Month) Month $ 900.00 10 45' 4WD KNUCKLE BOOM (per Da) Da $ 195.00 11,45- 4WD KNUCKLE BOOM (per Week) Week $ 705.00 12 45' 4WD KNUCKLE BOOM (per Month) Month $ 1,900.00 13 30' ELEC KNUCKLE BOOM (per Da) Da $ 190.00 14 30' ELEC KNUCKLE BOOM (per Week) Week $ 575.00 15 30' ELEC KNUCKLE BOOM (per Month) Month $ 1,650.00 16 40' 4WD Straight Boom Lift Per Da $ 345.00 17 40' 4WD Straight Boom Lift Per Week $ 560.00 18 60' 4WD Articulating Boom Lift Per Da $ 395.00 19 60' 4WD Articulating Boom Lift Per Week $ 800.00 20 REACH FORK 28' 5000# 4WD (per Da) Da $ 240.00 21 REACH FORK 28'5000# 4WD (per Week) Week $ 850.00 22 REACH FORK 28' 5000# 4WD (per Month) Month $ 2,300.00 23 REACH FORK 36'8000# 4WD (per Da) Da $ 200.00 24 REACH FORK 36' 8000# 4WD (per Week) Week $ 750.00 25 REACH FORK 36'8000# 4WD (per Month) Month $ 2,000.00 26 84-86'Articulating Boom Lift 4x4 All Terrain Per Da $ 810.00 27 84-86'Articulating Boom Lift 4x4 All Terrain Per Week $ 1,825.00 28 135' Boom Lift 4x4 All Terrain Per Da $ 1,335.00 29 135' Doom Lift 4x4 All Terrain Per Week $ 3,325.00 30 24' Auger and Driil Rig Per Da $ 4,500.00 31 Plasma Weld 1-3 Inch Hole Per Hole $ 100.00 32 Plywood for gymnasium flooring Per Project $ 150.00 33 Fluorescent Tube Recycle Pickup Each $ 0.25 34 PCB Ballast Recycle Pickup Each $ 0.50 35 HID Lamp Recycle Pickup Each $ 0.25 36 PICKUP/DELIVERY (ROUND TRIP) Each $ 120.00 Page 14 of 18 INSTALLATION AND SERVICE RATES IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. retfons: Bidder shall provide labor rates, service fees, and pricing for the various services allowed under this IFB. These include. High Voltage (over 611 and Low Voltage than 600V) major categories as specified In the Scope of work Note: Bidder may list operations not listed for consideration in IFB in the section provided below. CONNEX TRAILER(per Month) Month 1 $ 100.00 CONNEX PICKUPIDELIVERY ROUND TRIP) Each $ 170.00 CONNEX TRAILER (per Month) Month $ 1 165.00 CONNEX PICKUP/DELIVERY (ROUND TRIP) Each $ 210.00 CONVEX TRAILER W/OFFICE (per month) Month $ 3511 CLOUD HOSTED SERVICES- PRICING PLANS - Line Charges or Rates/ Miscellaneous Service Description Plan Type Colurri Annual Price Per Year Plan Descriplion4 Consists of secure SAS JVM connection far 2 users 1 Single Jace station connection Basic Package $ 900.00 with 6 months histoncal data archiving Consists of secure SAS JVM connection for 2 users 2 Single proxy server connection with up to 2 station connections Basic Package $ 1,020.00 with 6 months historical data archiving Consists of secure SAS JVM corneofion for 2 users 3 Single proxy server connection with up to 5 station connections Basic Package $ 1,680.00 with 6 months historical data archiving Consists of secure SAS JVM connection for 2 users 4 Single proxy server connection with up to 10 station connections Basic Package $ 2,160.00 with 6 months historical data archiving Consists of secure SAS JVM connection for 2 users 5 Single proxy server connection with up to 20 station connections Basic Package $ 2,880.00 with 6 months historical data archiving Consists of secure SAS JVM connector for 2 users 6 Single proxy server connection with up to 30 station connections Basic Package $ 4,740.00 with 6 months historical data archiving Consists of secure SAS JVM connection for 2 users 7 Single proxy server connection with up to 5o station connections Basic Package $ 5,940.00 with 6 months historical data archiving Basic features with both JVM and HTML connections with mobile device suppon. Up to 3 additional users included plus 6 additional months of historical data 8 Single proxy server connection with up to 2 station connections Silver Package $ 1,320.00 archiving Basic features with both JVM and HTML connections with mobile device support. Up to 3 additional users included plus 6 additional months of historical data 91 Single proxy server connection with up to 5 Station connections Silver Package $ 1,680.00 archhring Basic features with both JVM and HTML connections with mobile device support. Up to 3 additional users included plus 6 additional months of historical data 10 Single proxy server connection with up to 10 station connections Silver Package $ 2,160.00 archiving Basic features with both JVM and HTML connections with mobile device support. Up to 3 addltionat users included plus 6 acidtional months of historical data 11 Single proxy server connection with up to 20 station connections Silver Package $ 3,240.00 archiving Basic features with both JVM and HTML connections with mobile device support. Up to 3 additional users included plus 6 additional months of historical data 12 Single proxy server connection with up to 30 station connections Silver Package $ 5,040.00 archiving Basic features with both JVM and HTML connections with mobile device support. Up to 3 additional users ,included plus 6 additional months of historical data 13 Single proxy server connection with up to 50 station connections Silver Package $ 6,240.00 archiving Includes all features of Silver. Includes up to 10 users plus 12 additional months of historical data archtving 14 Single proa server connection with up to 2 station connections Gold Package $ 2,280.00 plus energy analytics Includes all features of Silver. Includes up to 10 users plus tit additional months of historical data archiving 15 Single proxy server connection with up to 5 station connections Gold Package $ 3,000.00 plus energy analytics Includes all features of Silver. Includes up to 10 users plus 12 additional months of historical data archiving 16 Single proKy server connection with up to 10 station connections Gold Package $ 3,600.00 plus energy analytics Includes all features of Silver. Includes up to 10 users plus 12 additional months of historical data archri 17 Single proxy server connection with up to 20 station connections Gold Package $ 4,200.00 plus energy analytics Includes all features of Silver. Includes up to 10 users plus 12 additional months of hisloncal data archiving 18 Single proxyserver connection with up to 30 station connections Gold Package $ 5,400.00 plus anergy analytics Includes alI features of Silver. Includes up to 10 users plus 12 additional months of historical data archiving 19 Single proxy server connection with up to 50station Connections Gold Package $ 6,600.00 plus energy analytics 20 Single Jace station connection Platinum Package $ 2,520.00 Includes all features of Gold plus fault diagnostics. 21 Single proxy server connection with up to 2 station connections Platinum Package $ 2,880.00 Includes all features of Gold plus fault diagnostics. 22 1 Single proxy server connection with up to 5 station connections Platinum Package $ 3,600.00 Includes all features of Gold plus fault diagnostics. 23 Single proxy server connection with up to 10 station connections Platinum Packa e $ 4,200.00 Includes an features of Gold plus faun diagnostics. 24 Single proxy server connection with up to 20 station connections Platinum Package $ 4,800.00 Includes an fealu+es of Gold plus faun diagnostics.. 25 Single proxy server connection with up to 30 station connections Platinum Package $ 6,000.00 Includes an features or Gold plus fault diagnostics. 26 Single proxy server connection with up to 50 station connections Platinum Package I $ 7,200.00 Includes all features of Gold plus fault diagnostics. Page 15 of 19 INSTALLATION AND SERVICE RATES IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: Bidder shall provide labor rates, service fees, and pricing for the various services allowed under this IFB. These Include: High Voltage (over 600V) and Low Voltage (less than 600V) major categories as specified In the Scope of Work. Note: Bidder may list operations not listed for consideration In IFB In the section provided below. EXTENDED WARRANTY annllnrl In tho mniacr viease com lew oro . _.__..._ __...._.____.__- LineManufacturer Extended Warrant Description Percentage Price Increase I%) 1 2 3 4 5 6 7 e 9 10 Other(Please Describe, If Applicable) Line IlDescription Business Hours After Hours Weekends/Holidays Bidder N6tewCommems 1 2 3 4 Page 16 of 18 ADDITIONAL PRODUCTS AND SERVICES IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: The Bidder may add any additional products and services they wish to make available under an awarded contract. Any additional products offered above and beyond those listed in the Market Basket shall fall within the general scope of this solicitation in order to be considered. Items listed in this section shall serve the purpose for verifying contract compliance for using members. Additional forms may be submitted to submit pricing for full product lines as well. ADDITIONAL PRODUCTS AND SERVICES NOT LISTED: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ADDITIONAL PRODUCTS AND SERVICES IFB 17-13PV Electrical & Lighting Products and Services Company Name: Urban Energy Solutions, Inc. Instructions: The Bidder may add any additional products and services they wish to make available under an awarded contract. Any additional products offered above and beyond those listed in the Market Basket shall fall within the general scope of this solicitation in order to be considered. Items listed in this section shall serve the purpose for verifying contract compliance for using members. Additional forms may be submitted to submit pricing for full product lines as well. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 TAB 4 PAST PERFORMANCE 1. Provide a description of any past, relevant work with the Lead Agency (Paradise Valley Unified School District) or any other school district or public sector clients. Include a brief summary of the work completed. Paradise Valley Unified School District Pinnacle Peak Elementary School Emergency SES Main Breaker Explosion Description: Urban Energy Solutions, Inc. was called to a fire in the main breaker room. UES secured fire area, ordered a temp generator to be onsite within a few hours to avoid school interruption. New SES main breaker was ordered and installed at a later date. Tempe Union High School District Multiple Campus Football Field Upgrades (Tempe Nigh School, Marcos de Niza Nigh School, McClintock High School) Urban Energy Solutions, Inc. removed eight (8) existing Musco pole lights and installed four (4) new Musco pole lights in their place. UES provided and installed all underground conduit and wire to new pole locations back to new Musco Control Link Cellular monitor. New breakers and fuses were provided in each SES to accommodate new sports lighting controls. Riverside Elementary School District Kings Ridge Preparatory Academy Urban Energy Solutions, Inc. upgraded interior and exterior lighting from fluorescent to LED throughout campus. 2. REFERENCES FORM (Page 42): Complete form- list a minimum of 5 client references. Please refer to the following page for our complete list of five (5) client references. 3. PERFORMANCE EVALUATION SURVEYS (Page 43): A minimum of 3 "Performance Evaluation Surveys" (form provided In this solicitation) should be sent to clients to complete and return to you or send directly to 1GPA. In substitution of a "Performance Evaluation Survey", Letters of References recently dated (within 1 year) may be provided. Either method is acceptable for compliance with Past Performance evaluation. All surveys collected by your firm should be submitted in this section with your sealed bid. If time does not permit your firm to Include forms received In your sealed bid, your client may send forms directly to 1GPA via email by the due date and time for consideration In evaluations. Please refer to the following pages for copies of our three (3) Performance Evaluation Surveys. These were also returned directly to 1GPA. �G ap Mchools Electrical and Lighting Products and Services I !FB No. 17-13PV O.. REFRRRI1 CEH -11AB 41 Clfferor stall list t e loth i a m in ini tim of five (11) c lie nt references far p erfom a n ce I istory that are situ filar in slope oil v ra 6 to tt is 9oliaitatia n. It is tt a Offe rar's res gon:1 ibility to request reference letters CIR send a ach alien a Performance Evaluation Survey far ttem to cam plete and return to 1GPA1 lb! Ithe (It iodate and time. Either method o'l reference ct ecks viill to aaceptable t y 1 GIR Al. Al m ininl tim of 3 letter; oil refs re nce re c enti5I dated (witt in 1 Near). 1. alient Rellerenca: GORE Canstruclion, Inc. Streetplddreas: 110116 Easi Glneanwiay Raad (lit5l: A It oeni)i State: ASI Zip: €151032 Clantact Nam a: Bill (lox, Execul ive Via a Puesideni Phone: E102 -z94 -0f100 [late of Clontraat Initiation: _ 2005 lieseniption of Somice s Prouder: N ultiple Slelvices; ElecUical and Enemy Management 2. Client Retlere nce: Clrn n ia, LIC. (on behalf ail Riveiiside Elem a niarySlchool Distnici Street Aldo Ire s s: V 14 ala t ith 51 st Avenue Clity:_Phoenix _ State: AZ Zip: (19043 Clontact Na me:Gusiayo 4alenzuela, Nojeo l N a nagen Phone: 602-772-0824 Date ofaontract Initiation: 2013 Description alServioesPro�iidrlcl: Multiple Elelvices; Eleclria al and Eneiigy Managernanl 1. Cllient Re & re nce: Blue Ridge UnHied So I ool Disi ifl l StieetAddress: _ J.2QQ YVast White Mountain Blvd, Clity: U kes icle State: Aa Zip: 89929 Clontaat Name: .la I n Muhl, Pnojeat Manager PI a ne: 928-3E18-6126 Date of Contract Initiation: 2011 Desariptiar of Services Rravided:. MUIU016 Services; Eleatnical and Enengy Management 4. Cilie nt RE ference : Ca 0 mighl E Tern a niary School Dig tllicl Street/lcldreas: 522CI West Indian School Raad sit±I: Phoenix State: AZ Zip: 85CI31 Contact Name: Mao Carvis, Dineclor ail Facilities Pt ane: 6211-691-400(1 Date clClontractinitiation: 2011 Desic Option of Seni ices Provicled: Mulliple "lervioas; Hie atnical and Enangy N anagement _ 5. Cilie nt Refeneri ce: Slcoltsdale Un ifie (I School Disi riot (Ne %iious) / McCa ri by BUilding Companies Stre e t Mdres s: 7575 East MainStreet Cam: Scotts cls le St. to: AZ Zip: R5951 Contact Nam e: an. David Peteiison, FournenSlupenintendeni Rtone: 602-z 63-3811 Date of Clontraat Initiatic n : Iles cription of Se mice s Provided: Multi le �Is rviaas; E leatnical and Enen N a na ement 1GPA 11-13RV 91a ctrics I a riI LigIi timEl Ira ductc ani I seruicas Page 43 of EO PERFORMAN CIE E11ALL ATICI N Slid R% EY Subjec-l: IFS 117 im Et ECIIRMA II. AP Q LICIH TIN Q PROaLI CITSI AND SIFIRV1a9S flameollillentfleflerence: , IAN t1VQQ Organisation oilClien1 lieileisnco: 6 -- Contact Phone Nuni1 er: r in -Z — 4b 3 To Whom It Mall Clori aera: 'I Goi ieilnme n Proaureni ent E Illianae is a Lrrently i in deq oin g Ps rfc rman ae Wall. iatic ns flc r tl a ve ndc r liste cl at c of rega rdia c III eie res ponce to a current 9olicital'on. Tt s irilorrn afion will be tisecl to determine tt a Past Perfarmanae and Clualifications of tte aboie firm. Botl 1GPAI and the Lead Algency, Paradise Valley USCI, would greal ti}I appreciate you taking a fey mint tes a Lit of ya Lir busy cla11 to aornp lete tl a qua stia nna ire be low. Please a%ialuato tl a perfa rrrali a a Itl a ve ndor (10 moa ns -you at ie Always sotis, lied, I means- Ilou aiie Sometimes sailisilled, and 'I manna- Iloti a me very Dissallsled 1 ecause of very Poon per o mance ). II yoi do not II III sufficient N noulleclge of in a particular area, leave it blank. NO. I ( rite ilia Unit Scone 1 Ability to maintli in s cher uls and provide results in a timely manner (1-10) 2 Quality of Products and/or Service (1-10) 3 Ability to understand tt e i aeds of tt a your agency (1-10) L 0 4 Vendor's participation and assistance when "issues" arise (1-10) L 0 5 Closeout pro ie ss (invoicing, no unexpected/hidden fees) (1-10) 10 6 Billing statamontsprovided aw easilto understand (1-10) p 7 Ability tc follow your agency's rules, regulations, and requirements (1-10) 8 Communication with yc ur al encyl regarding saheclule: and 1'melines (1-10) L L7 9 Vendor protucles valt a aclded sett ices with satisfaction of your agencll (1-10) 10 Overall customer satisfaction t ase d a n perfa rma n ce (comfort level in using ve ndc r again) (1-10) Total Paints I V-0 Aln}laddilionelcomments regaadinguenclarlsenices proWded: Ap11 it 141, 2CI11 Signature Di to Pth to d Na tae Tiil le Than_ k }lou iba ya tin t'm e a nd efilori in assisting the ve ndors in III importan t a ndewioia. Pleas a eni all Ihis serve y basi l to tt a film ne c uesllnf ill as soon as pose ible s c I hey aan In elude In tt eiil respa n se. 111 prelemed, liou ma y ema it 11 is lbrm dineetl11 to Je n n Heli N t f oz a I jmunoz 'laoa.orao g P1 EASE RETURN THIS PCIRN TO 1GPAI NC I i A78R 7HAIN APO 118, 2011-A @ 1:00 PN, AIZ TIME. 1GRA :i 7E -191112V EileetrimIFiidLWFIIPladiictsan Servlm Pal e43ol60 PERF4RMAIN CIES EVAILU ATIICIN VU RV EIY - T1AEI 4 Su41ecC IFS V-VIPV €ELECITRICIALAND LIGHTING PRCIOUCITSI RIND SEIRVICIES N. n a of Cher t F elleiel ae: Mn. Bill ( lox, Ex( c uthl( Vice Pries ids nt Org. n iza icor o:l Clic ni Reis no r cc: aCIRE Cbnstriucllon, Inc. Cont act II I a ne Nun I e r: To VI t om It May Clol cern: 1Clovei nmant Proauiament Alliance Is aursentill ur clergoing Perlormance 9valuations for tt a vendor listed a bar a reg asdingl their nesponse to a current solNitatior .It a in lorma lion wall be used to determine the Past Perlarlranae and Qualit}critiom o1 the above frsm. Boll 14P/1 and the I ead Algeeay, Paradise Vallell USD, viotild greatill appreciate Spu tal ing a -level n inutes a tit o1 ya us busy clay to complete the que stionr a€re t Blow. Please evaluatetteperfonroarceotttavendor(1Dmeans-youarieAlways saliafled,5means. you arm Elonletimes satisfied, and 1 m89114 -you are very Dissalisfied because of very poo n performance ). It ypu do not have s uficie n t F nowle dge o f in a it a rtia illas area, leas a €t bia n l. N O. Criteria Wit 100118 1 Ability to maintain schedule and pion Ida results in a timely manner (1-10) 10 2 Quality of Products and/or Service (1-10) 10 3 Ability to understand the needs of the yaur ager ay (1-10) 10 4 Vendor's participation and assistance Yihen *is sue s° arise (1-10) 10 5 Close out process (invoicing, na unexpected/hidden fees) (1-10) 10 B Billing statements provided ane easy to understand (1-10) 10 7 Ability to follow youn agena Ys rules , regulations, and requirements (1-10) 10 a Cori municatian vitt your agency regarding schedules and timelines ('1-'10) 10 9 -0 - Vendor provides value added serviaes v lith satia laction of youn agenay (1-10) 10 P Overall customarsatisfhctian based on performance (comfort level in using uer don again) (1-10) 101 A nj 1 additior al so mnrants regarding ilenda nlserrioa s pno% idecl: 121 Signature Mn. Bill Cox Printed Name Apnil 914, 20117 Date Exealltiw Vice President Title Total Ra ants 1a0 Thank you ioi youn lime_ and efbrl_ Ir a_ssislingl tl a vendor+ in 11his Important endeavorPlesae email lltiis s urvey baci_lo the fin Wg'(esting It assoon asrposr if le so_lhey aan'IncIL`(h in 11hei respons `. l lir paeileiired, yot ma)l email tt Is iloum dhesthl -lo Jennilem til uiiom all jmunoz(�1ooa.era� PLEASE RE71URN THIS FC RN TCI 1CIPAI NO I ATER THAN Ap111 18, 211171 @ 1,00 PM, Aa TINT E. WA 11-13PV Deddoi I a me L WWI I Produab a u d seMon page 43 or. 61 PERF C]RN ANCIE EVALLATION SURVEY Subjecl: IFS 11-13PV ELECITRICIpIL AND LIGH111NG PROC U(ITS AINC c.IERVICIES Nameaflalien- Refenanca: Nr.CuslavoVa[anauela arganhalion oil Clioni Rt ferenae: Clrr n LLC. (on behalll oil Riverside.Ele.rr entarySat aaI Distriat) Contact A he n e Numbs r: 602-772-0824 CnmoanvbeinesurvevedfresnondinetoBidl: I Urban Energy& lution s, Inc. To WI am It Iva, I Co nca rri: 1Caovennment RrocurementAiliaoaa is currentl}l undergo inc Perfont anoa Evaluations ilortle sienclor listed at ova regancling tt sir mesponso to a our ant solicitatio n. TI a information will t e u: ed to determine the Hast Pa dormance and Clualitioatiana of tt a at ova fml. Botl' 1a PA and the Lead Aceoay, Paraclii a VaIla 11 USD, v auk- greatl}l appreciate you taking a few minutes out o-l1laur busy claiI to aornplate the q uestionnaire belovi. Plaa se eve Juste tt a pa rfarmanae a.f the %eeclor(10 means -you are Ilismays s atisfied, 9 mea no - you ai a Sometimes satisfied, and 'I means - )lou aIle very aissalisfied because of very pooh periournance ). 1.1 you do not harie s ufficie n t kno w.da c ge of in a p artio uls r a re a, leave it blan M. NCI, Criteria Unit Scare 1 Ability to maintain sahedule and provide results in a timely manner (1-10) n 2 Quality of Products andlor.Service (1-1a) 10 3 Ability to understand the needs of the your agency (1-10) I O 4 Vendor's participation and. as sietance W an "issues" arise {i-10}. (.O 5 CINEa alit pro aess (invoicing, no unexllactedlhicden fees) (1-10) 10 6 Billing statements prouided are easyto understand (1-10) I Q 7 Ability to follow your agency's rules, regulations, and requirements (1-10) 10 8 Communication with }faun aclenayl regarding schedules and timelines {1-10) ) D 9 Vendor provides value ac de( services with satisfaction of yorir aga rigl 10 Overall customer i e tis lactioo based an performance (comfort level in using i enc or again) (1-10) i G -notal Points I CC' Piny ac ditional cornmer is reclarding riendadsenices providecl: Ufi 5 '3"A" SF �►(Wiz AJV�MS. 6422F,s"T- —'--C `I ^�5 -F^4-rYI Apilil V, 210117 Si nature Date Mr. Guslava Valenzuela Project IN anage r Printe d Name Title. Thank lic a Ilon youn time and a flort in at s isiling Ila vendor in tt is ini g a rtaml endo. von. Plea; a ani a ll Ibis survey baci' `tin ti a finm W giuesting it as soon on as passible so lbgl.caq include in Iheh rel nc rise. 11 poelenned, Ilou mail email ilhis fa mi directly to Jennillen N ufloz at jmunoz( gpg QMPLEAISE RETURN THIS FCIRN TO 1GPAI NO l ALTER THIN ApgII A 2(111A @ 1:00 PN , Ae I TIN E. 1GPA 1743PV FJecWwlsnc lJgKegPmducxsasdSeMoes Pool 43 of 6(l TAB 5 VALUE ADDED SERVICES L Provide detailed Information regarding any value added services your firm can offer to members. Keep in mind that value added services should align with the purpose and scope of work of the solicitation and be geared towards Electrical and Lighting Products and Services. We're Part of the Solution / We Deliver - There is no time for hindsight in the construction process. To deliver projects on time and on budget requires quick and accurate focus on solutions when problems arise. How a company responds to the unexpected is key... and UES is a proven provider of solutions. We're Experienced and Have the Expertise - In addition to the experience one might expect of an electrical subcontractor, our professional team actively participates in a number of local and national industry trade associations and are diligently committed to professional development through a variety of continuing educational programs. This further enhances our knowledge of the markets and clients we serve helping to keep us up-to-date with the most recent trends, technologies and developments in our specialized industry. We're Team Oriented - Often the biggest challenge we face is how to get all of project team members working toward the same goal. At Urban Energy, we continually strive to anticipate and understand aur clients' needs in order to provide timely, effective `team' coordination to be able to complete projects efficiently and with quality. We're Multidiscipline - As we have emphasized throughout this proposal, UES has a virtually exclusive distinction of offer- ing electrical construction and service along with energy management control systems in an all -in -one package for the cli- ents we serve allowing us to increase our market share while building the ongoing, lasting working relationships we desire. We're Committed to Success/ We Deliver Results - We are a company that performs well on projects of all sizes, large and small by continually strategizing "What's best for our client?" that fuels our commitment to your success which in turn, creates success for the entire Urban Energy Solutions, Inc. team. ���G , ' PVSchools Electrical and Lighting Products and Services l fF8 No. 17-13PV QUESTIONNAIRE 6: RESPONSIVENESS 1 COMPLIANCE — TAB 6 1. RESPONSIVENESS 1 COMPLIANCE: Bidders shall confirm that all documentation requested herein has been completed, signed, and submitted, or state the reason if not applicable. 2. GENERAL FORMS AND CONTRACT REQUIREMENTS: 3. FEDERAL PURCHASE REQUIREMENTS: Members of 1GPA may be required to give preference to Minority and Women -Owned and Historically Underutilized Businesses. Although 1 GPA does not factor the following documents into the recommendation for award, for the instances in which a Member is required to give preference, this form will be utilized by the using agency solely for their purposes in selecting an awarded vendor in order to comply with Federal Requirements. All Offerors must complete and submit these forms or the bid may be considered non-responsive. EDGAR Certifications apply also to Federal Funds expenditures as applicable by law. DESCRIPTION: Check If Not Applicable, please state reason below: a. Bid and Contract Acceptance Form (Page 5) El b. b. Subcontractor List Form (Page 47) El c. Anti -Trust Certification Statement (Page 48) El d. Non -Collusion Affidavit (Page 49) El e. Sample Certificate of Insurance form (Page 53) 0 f. IRS W-9 Form (Page 54) 0 g. Performance and Payment Bonds (Pages 51 $ 52) will be submitted to requesting members prior to commencing construction. This requirement may be waived at the discretion of the member and may not be applicable to non- Y PP construction purchases or purchases under the bid threshold for the purchasing agency. 0 Note: These are samples only that vendor acknowledges this requirement for 1GPA Members when applicable h. Amendment Acknowledgement Forms (if applicable): 1 GPA will utilize Public Purchase website to notify bidders of amendments to the solicitation. PVUSD will utilize AZ Purchasing to notify Lead Agency bidders of amendments to the solicitation. Bidders are responsible to check either portal to view amendments prior to submitting bids. Links are below: www.PublicPurchase.corn www.AZPurchasin .or D None Issued. 3. FEDERAL PURCHASE REQUIREMENTS: Members of 1GPA may be required to give preference to Minority and Women -Owned and Historically Underutilized Businesses. Although 1 GPA does not factor the following documents into the recommendation for award, for the instances in which a Member is required to give preference, this form will be utilized by the using agency solely for their purposes in selecting an awarded vendor in order to comply with Federal Requirements. All Offerors must complete and submit these forms or the bid may be considered non-responsive. EDGAR Certifications apply also to Federal Funds expenditures as applicable by law. 1GPA 17-13PV Electrical and Lighting Products and Services Page 45 of 60 DESCRIPTION: Check If Not Applicable, please state reason below: a. MWBE and HUB (Vendor Questionnaire) (Page 55) El b. EDGAR Certifications (Pages 56-59) 0 1GPA 17-13PV Electrical and Lighting Products and Services Page 45 of 60 QUES110NN AIRS 6: RESPON SI% EN BEl:l / CIOMPLI�INCIB --11A9 6 4. AIDDITICINAILBIO REQUIREMENTS: A A A 11-12M I N atic< Iand I ig htlsc Produata and Si rvi cel Page de o f 60 DESCRIPTION: Check If Not Applicable, please state reason below: a. Bid Bond {Pape 50). The Bid Bond is REQUIRED in order to secure contract awards to calntractors tt at are able to meet members' tonding rect.liren ants when projects are determined to be construction ❑ Contractor's License. Provide a list of applicable Arizona Contractor's licenses See attached. b. held by your company. Include ti a Name of Licensee, alassitication, and Minter. Siitrrit collies of licenses to perfom viork as propalsed under this contra at. Supplemental End -User Agreements. If members are required to sign any 0 one. C. supplemental ayre aments (sales, maintenance, eta.) a sample ag reement must t e silt rr ittecl ilor approval. a. Acceptable agreements shall include: i. Na n -apps p riatio us clause; ii. Ca ntract Ag re emeet rr ust be ya vernecl t y tt a lauds a f the State (I I F riza n or tt a state in Nihia t the m embe r resides; iii. Plot payrr ent i; thirt)l (30) da)1s. I . Ag nae menti st all NOT incltiele: 1. Term: t eyoncl one near; ii. Vlaiveralrightfarajury trial; iii. Requirement cif ullfrant payn ant [)I member Man flUrcl ase ord( r is 11 laced; iv. Entire P greeme nt Lan ytiage ti at super; edes Terms a rid aonclitici ns oltt a contract; v. Atita-re nevial languag a Deviations and Exce tions. Any deviations and enaeptions to the terms and E � one. d. concliticins rrust to alearly explained. Reference to tla spaaiia terrrs and conditions tt at )jou are to king wiceptions/cleviations to, detail any p ropoe a d substitiite terms and conditions, and clear demonstrate how 1aPA and its member; 011 be tetter served by tt a substitiite d terms and conditions. Unacceptable wiceptions/clevia tions nay cause a bid tai be con: is la re d n a n - re s pon s h ie and/or rejected. I. If no deviations and I a 7iception: are listed, ven clor agrees to all terms and conditions of the solicitation as is. A A A 11-12M I N atic< Iand I ig htlsc Produata and Si rvi cel Page de o f 60 U IC AN 0 CC NIRAC I ACICIEPIAN CE The llnder, ig ned he m. b)Ice rlilles ur domitanding and compliance witt the req vire me nU is the Genera I To rms and Condition; . Of le ror furthe r a4 roes to film ish tt a material encllorsenlee in camplianoe witt all terms, carditians, specifiaations, and amendments in tl a soliditation and an)I miritte n exceptions in 0 a Bid. 26-4 09cIC>aa 13312 asst Bra a cim ay Road Federal Ern plo!Ier Identification Nlimter Address Unban aneilgr I Solutions, Inc. Pt aenbi, AZ 85[14CI Clompany Name Justin Rojas Printed Nan a Pnesident Title justinllojas@ullt a nenergyinc.aom Prirna ql Email (for ( la ntract Inquiries) Aluilhoriaed Signailuae Clity, State Zip 48C 1-282-99C 11 Clomp, ny To lephone Num ber Clay a n Boop Alcaounting /AIP Clantaat l' lame a layton t oop@ullt an a nergyin a.aorn Alcaounting 1 AIP Email 7heContra atorstall not aorerrancc amibillatla wort orproNu(le anymaterialarservica undo rthisaontraottin tiICon traatorreoeiues a purchase crdar/contraotfram a 1CIPA reeniter. Tt a Contraator:l all notify Iry aterial: orsomiaes provided unclerttis contract aid agrees to sand a cagy of 8111 purct ase orcem and/or contraats recehied from me mt Er to 1 GPA within 10 dayl:. TI a conte etar ; tall provide manthl)I or qua rled)I (arrangame nts to t e made with MPA) record illation reports I ased an all aontract aatiuitJ to 1GRA. Cor tractor will t e ir+iciaed from these raports. Invaices are cluo upon receipt. 1 GPA BI[] AN 0 CC N 7RACI7 AICCIEP7AN CIE TI a Bid is t eret y accepted: TI a Contractor is now t ound to sell the materia h and/o r se ruiaes aflere d to and accepter I bi I 1 QPA in accordance with the so liaitatia r, ins It Mint all terms, conditions, specifications, amendments, eta. This con tmct at all t anceiorth t e anferred to as 11-13P11 Electrical and L.iylf ting I na ductA and Serviaei Avi an le d tt is clal i of 20_ Tt is can tract st all be effe ctive ti is clai1 of 10. 1G1PPI 5i4 nature: I Date: Printed Name Alpilnoiwd By: Paradise Valley Unified Sehool Distniet Signature: Prints d Name: 1GF A Title: Data : Title: 17-13PII Eleatriaal and l illttir g Frulnats and 9 anises Pa go 5 of 60 _Urban One igySolutions, Inc. Clampany Name 17-13K Bid Number 9UBC ON TRACTOR L 1911 FORN -pp-:w Signature 1Ipril 17, 2017 Date This form shall be s ibmitled in a separate sea led en dela pe within tl a sealed bid re ply envelope. Ti a envelope st all bear tr e name of tt a ca ntracta r making t1 e s ubmit al a n d s I all t e identified t )I "Sub(ontra( tors l ist" on tt a ot ita ide olt1 a sealed a nvelope. The cantractar must list t elowi ti ( narves of all qtialilie d slit coetra( tors or majorsupplier I e will emploil for the Niarious portions ofl tt a wa rE in(Iicate d. Failure on the part of tl a bidder to prope riy ( ompl(te tl is list will constitute 3t if licie nt glrounds to reject ft e I id. The contractor ma}I list I imself to perfom one or more o'l the listed categories a l wiorl for wihic h to has any requisite State licenses viten regluired. In tt is case, all personnel performing such rniork at the site sl all I ( carri( (l on hi; oven payroll, en( apt tt at f e mail sublet those portions ofl tt a ►nark vit ict are traditionally and cornmonl)I sul let b)l the representative s Lit contra(tor. If a quipme nt is leased with operators , the ope rators need not t e carried on tt a cantractorls payroll. I ist onl�l a single name ofl ( act listing. List names onl)I for base bid as per )pu bid. t ist submitted t �l unsucee ssfkil bidd(rs will t e returned unopened. NCITE: Ilfl CCIN7RACrraR DaES NQT PLAN TO USE SIIBCIONTRACITORS HEISHE MUST LIST CIWN NAME CIN THE PORN AN 0 RETURN IT POR THS ABCN E INSTRUCITIONS. Unban Emig Sa hitia ns, Ina. Ham Won Tedden Eleatric Clo. 3. 4. 5. 6. la 17. 1GN 11-131V 9laetrieaI and titihtinii Products and 5eruioi. Halle diI of 60 ANTITRUIT CIERTIRICIAl1iON SPIIAIEN EN TI Texas Clavemment Clod 12155.111 ( 5 I affirm under p enalt)l of p erjury of the lavas of tl a State of Texas that: 1. I am diil)I authorised to ene cute tl is contract on my ouin behalf ar an I e half of ti a aompan)I, aorporatia n, firm, partnership orincliviclual (ClomIany) listacI telawi. 2. la aonnaatior with this bid, neitler I nor any representative of the Clomp any t as riiolated an)I provision of the Texas Free En to rp rise and Antitrust Act, Tex. Bt is . & Cla mm. (lode Clha p ter 15. 3. Inaonna ation Hitt this I id, neither I nor an}I representatime of ti a Clom pany I as violated any federal antitrust law; and 4. Neltl er I nor an)1 representatime offt a corn pany l as clire ctl)1 or intlirectl)I com mum icatecl any of the can tents of this I id to a campetitar of the cam pan }l or any atter company, aorporation, firm, partnerst ip, or in(liviclual enc aged in tt a same line of busimess as the company lista d. Vendor Name t rban En a ng) ISalutions, Inc. (Please Type or Print) Address 3312 East Broadway Road Phoenix, AZI_8504C Plane 480-282-9501 Favi 602-l"157-7403 9rnail jllstinrojas@urtarlenergyinc.aam Website www.11rbanener9yina.con Name of Person Submittiog gid Muslin Raja: Signature Pasition witf Clom p a ny Pre s ide ri t [late Mara t � , 2C 117 1a F A 17-13PNI Eleatriaal and l illhting F raduatl and se mases Pale z 8 of H state oil Alliizona jus -lir Rojas Name Uriban En eiu& Solutions Ir a. Corn p any Name NON-CIOLLUVION AFIF KIM II County of Maricopa Pliesiden'l Title As an atltt orize d representative oil the persons, carporatia n, ON camps ny oiho makes the a a companying Bic 1, and h; ding first been cluly sworn, I henet )Idon ose and state as ftollomis: The a ccorr par+ y lint Bid is genuine, and s Lich Clffer is neitt er a a hang nor collusive, nos is sua t C Iffe r made in the it teiest a r on bet all a f any penia n ON carp oratia n not n a mod t erein . The affenon t as n at dim ctljj ON indireatly induced on s a licited a r y ott en (Iffe roi to put in a sham or! collusive t id, or induce cl on solictled any ott err Clfferoa to refrain iron subn itting an Clflerr. TI a ClfFeiloi t es not in anlI rnannen sotigtt t )I calitision on anti-campetithie means on piaotices to secure •bs itsol-1 a civanh f e ova r any otha r Bidden. Si{ red: Pe—W Title: Pnesidenl Stit acrit ed and sHiom to teilore me THS 171 h clay of AI sill , ;I a 17 -&A I �) C� I LM(a Signatune a I Notaryiit Iia in : nd ilor tl e State oil Arizor a County of N adcopa _ IV y Clomn iss ion F -j p lyres on •M.«:+:w+�t.,js.+uu.�+s:Tn::ai rams l�� —.. u�;rA— tf crrie i. Y ilccixcn � ��� Nataq ftublia ,� n` Marieoll a Caunij, A Aona D h yI Q c n m. Expires U 9-a 8-11 1G1PA 17-:13PVEleatrisaIandIi9itiuj IrodL11tsamdIenllles Page z9al60 a ACOR" CIER111FICIATE OF LIABILITY INSURANCE DA 11E 13/0 ,IS 1137 ' 13/02,1711]7 THIS 4 ERTIRICA78 IS IS SUE[ ASA MATIER OF 111HORMATIO1I OIIL Y AND CONFERS NO RIO FITS UPOII 7FIE CERIIFIOAT■ 11011 ER. THIS CERTIRICAIE DOES NOT A■RIRMAINELY OR NEGATIVEI Y A MEND, EXTEND ORA ITER THE COVERAO E ARFORDNE 111 THE ROLI(IIES BELOVI. THIS CERIIEICATE OR INSIIRA FIG B I OES NOT CONS11TI11E A OOFITRA41 I ETWEEN THE FS SUIPIO IFIS URER(S ), AUTHOR12 ED REPR■S ENTAIIVE OR RF 0[ UCER, AI I[ THE CERTIFIOATE HOL DER. IMPORTANT: If the certificate t olds r in a I ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to ti a tarmia and aonditiotls c f III a poliag, certain ilc licies ma y require an Indarseme nt. A statement an tl is certificate does rot confer rig1 is to tl e @artillcato t older in lie u c f i Lid endorsement(s). FROIUOER LIC #36-3066541 1-312-288-7700 Willis a! 313iaaie, Inc. CONTACT NAME: PHONE FAX EA), A/C NO: E-MAIL ADDRESS: Ori 3 li s lower 213 Sculh 4larken Criva, aulte 701E X Cl Ica go, 811 I1011C II INSURERS AFFORDING COVERAGE NAIC 1 INSURERA: AR08 III: a0 13130 C3JO3/111 II1BLIRSE INSURER B : STAR1 IND & LIAS CO 11338 Unban Ere31gy Salim:cna, 3na. INSURERC: INSURER D : 331:1 E. B]loaclwa y INSURER E: 1loenin, A51 1!040 INSURER F: COVERAGES CERTIFICATE NUMBER: 49256881 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE EEON ISSUED 10 THE INS LIM N/ AIBD ABOVE NOR THE POLICY PERIOD INDIOAIED. NOTWITHSIAI11 IN01 AMI RICUIRBMENT, TE RM OR Oa NDITION OM ANTI COIIIRAC-1 OR 01H1 R COCL161EN7 VI -IFI RESPBC7 TO NHICH THIS aER11EICATE MAY [E ISSUED 01 h1AY FERIAIN, IHa INSLIRAhICE ARNOROBD 111 TFIE PaLlalIS DESCRIBED HEREIFI lI SLI8JBC710 ALL T11B TERMS, BXG L US 10119 A hID COI I[ MONS ON SUCH I 1 a LICINS. LIMITS 9 HO'AIN MA` I HAVE 81113N REO LICED RY R AIC 4 L1 IM!, INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF MM/06 POLICY EXP MMID LIMIT$ I 0911E RALLIABILrrY X X 4111XGE8963CII 113/11,1] C3JO3/111 EACH OCCURRENCE $:,000,000 X COME ERaIA LaEP11RA1 LIABILITY 0 LAIMS-MAC I 1XI a C l UR PREM EISESS (RENTEDEaoccurrence $3,11011,000 PREM MEO EXP (Any one person) $10,000 PERSONAL &ADV INJURY $ 2, 000'1 a 0 GENERAL AGGREGATE $4,000,1(0 11101 'L Aa 00 EG TB LIMIT A PRLIBI POF: PRODUCTS - COMPIOP AGG $ 4, 000, LI C ROLIC)I )1 PRO- LOC JECT $ A A U11 1101 ILI LIAE ILrn X X 411K01E 19 6] 01 03/01/1 03/01/18 EOMaB�IN�EeDtSINGLE LIMIT 2 C 0, 000 000IVI INAIRYI (Per person) $ X A I IYI ALIIO A I' a I ;I C f IE[ I ILEO A l nal , ulos 000IL1I INAIIY (Per accident) S 11 I IC I I-CWPII D F IF OC AWIO X I U709 PROPERTY ntDAMAGE $ $ WAS RELLAIIAI X aCUIIF 11C1623414 03/01/1 03/01/18 EACH OCCURRENCE $ 311,01[,[00 X E111Ce$A LIAI CLAIMS -MADE AGGREGATE $ 311 , 00 C , C i 0 DED RETENTION $ $ A 1111ORKER! CaMI1NSA711011 AI C BIIPLIIYBIS'LIAalLrrY •1111 ANYIROPHIElaR1PPRINBRIE]ECII711VB OFFICER/MEMBER 0114LUC1C7 11 NIA X 43K4I819dC41113 /a1,1] 03/01/18 X WCSTATU- oTH- E E.L. EACH ACCIDENT $ ],C1 0,1011 E.L. DISEASE • EA EMPLOYE $ ] , C i a , a C II (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 BI CF IF TIG 1% Ol L OBRA710PI1 I LO0,1 TIO11.1 II IEFIIC LOS (Atl,lch,l Cf R 1 101, I dditional ■erearl s I chedule, H mi re apace Ee required) Any and a 31 wa:1 Ing rlormed 1 y Llrt an Er engy So lutl c no , Ina. the fo]lawing axe inaluded a Adtiilitlna3 insured Is1 with re alect lc the Gemra3 Iiaki3iiy on]y, I a r wniltell rontracl CORE 4gnatruclian 3n4. aORH 0oaetiueticn, Int . !V ]vie Mitchel] 3036 a. Greenway Road Phoenix, A9 15031 ACORD 29 (7010115) A]lmoa kl 41220 III] HO1.11 r A MY OF THE A SOME DISCI IBND ROI IIIE9 BE 1A Na BI LED BERORB TilE EXRIR911011 OATS THERBON, NO110E VIIII. BR CELNEFEC IN ACOORMi NII E MIRHI TITS ROI IC11 NR0111SIONa. A Ull ON171D REPREIEN7Al1VB LISA �1 C 1966-7010 ACORD C 0 R F O RA ZION. A II rights rl a4 ryei1. The ACORD na me a n d It go are Fellistl re d m a rF s of ACORD Farm W=9 Reclucisi lion lax paler GhieFollmto the Idcinitiflaviiani Numibeiiiianid Curtificiailani 110( all sr. Do noll EelaDeemtar2lias CelartmentoftheTnaasury aentl to tF a IRS. Monti oftaIRS. Internal Retrenue; miler 1 Name (as shown c n )la ur income tax return). Name is required on this line; do not leave this line blank. Urt an Hnery SOILltion8, Inc. of 2 Business name/dlsreglarded entity name, if different from above m a m a 3 Clock a1propriatebonforfaderaltaxclassificatian;ohe(l anillaneofthe falloviinl sliver ttxee: 4 Eierrptions(ooclesapll)lanl)Ito p 0 ❑IndividuaVscleprelrieteror F1CClorperatior Z8dcrporatiee ❑ Harinenhip ❑lrust/estate aerlain entities, not i■dlviduals; sae Instructions 0 n 11 aC a i ): single-meml erl LCI ❑timits< liability aanpenll.Iitirthetaxalassilaatia■(Ct=Cicorporation, S=Scorporattca,p=peilnerslip)► Exemitcrifroplayip a Note. Flora single-rlemtarLIC that isiisretarde,,dauotnhecl ILQ;chackthe,IFRraprirltatazirtheline allow for RA1CAr Exemlticn frau EtA7CAraparting the tea class iftea tic n of tie sinll le -ma ml er. a wo er. code (if a y) CI v ❑ Other (see instructions}► ~Ift to ac t rndnmw' oubi*all lIS) !E 5 Address (number, street, and al t. or suite no.) ■eqt esti is name ncl address (optional) U y 3:1;1 Hast Broadway Rood y 6 City, state, and ZIP code CD cn Phoenix, AZ 1904( 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) ■r tc r) lour 7IN in the a pit rc prIi to t, x. The TIN it rc+lit le t I must match the r a me given e In line 1 to avoid social securNy number —� � _ Ell I eak(nt Will •, sol14 ling.r or i tor, hl4ls, ti la is ganerall}l ee the Pal I 11 Lir., tty monsLlMk or on page HolJ. Ror verott or reside nt alis n, sole prop riator, or < liaragarc 1.1 d e ■tin , see e the Part I ir: tnc tion s on page 3 . par ott ■ r antitie:l , it is III r.1r emple)jar !t Isatitication ■timber (91N 1, If )101.1 c Ic not have a numbe r, see Now to Qat a TINan page 3. or Nate. If tFa acao1.lnt is in more tfan c■e nanl e, see tl a instructions for line 1 ani I the aharta■ page d far I Employer Identification number guidelines a■ whose number to enter. 2 74— 4 01 1 3 1 0 1 0 8 Under penalties of peg1.1n , I ce rtifii tl at: TI a n11mt er st own or this form is myl aernict taxpa ye r ide ■tike tic n numt 1 r (o r I am waiting far a ■umber to t e issued to me); and . I am nc t s 111. je it t t1. bE 611p witht olding I ec auee: (a) I am e i ie mpt from t ac l up with I olding, or (I ) I t ave rot be an notifie t I b) l tt a Internal Re,1en u( Service (IRS) tl at I E m subjec t tc t aol up with t olding as a result of a failt ire to rep or all into rr ; t or dividt ncls, a r (a) tt ■ IR9 I as notified me t[at lam no Ic ■ger out jest to t ac I u■ with I ciclin■; anti 3. 1 am a U.S. a itiaen or ctl er U.S. person (defined below); and 4. The NAIICA code(s) entered (I r this form (if any) irdlaatirli tl at I am elmgt frc m FATCA ri por ing is cc rrect. Certifleatior irstru■ti0r S. Y+ a must cress out item 2 a bove if )lou I acre bt on WIN d t+I If a IRS that )lou ase currently subject to t aal up witFl olcling teaause ye 11 have faileel to In part all interest and eliuielerds e n ye ur tax retLirn. Fe r re111 estate trEssactiona, item 2 (loss rat appl)l. Nor me rtl age letereetpaicI,acglliaitic nor atandanmentofseaurcdpro por.1 aaneellationaf (It It, cortritItionit( anin( liiiduaIretirement arrange men t(IRA),ancI goraralI)I, paylmento athe rtt an interest anti dividencIs, +lou are not regninid tc sic nth( aerIilcatics, bur )lou const provide )lour aorreat 7IN. See if instrustior9 a qal; ■ 3. �Ilgn 8[time hrr e1 Hello t1.■.Iaroc ii ► o; to ► Alpril 1$, 2017 Gen Elnal Insi riu (Ricins Sea tic a referenvi a are to the Irtem-,IRe+alnue dodo un la IS 101 entisa rated. Futts re de va to pmo nts. I rfe arse iia r abs ut ch ve lop ma ats i fie (ting F am 441.9 (a ual as lei islatie n enacted at or v ie re lea a it) is at wwmirs.gal JAv9. Ptinpol e o-1 Norm An inclivii lua 14 r a ntit (FIG rm NI -E req uesterl alhc is re( 1 ire+ to file an III farmatic i return with ti- e IRI must cbtaii + jour aornrcitaxpe)lerit erti-lice Oir numl er(Il hQ wt fah Mal 11- ,pursocialsecurltyrumber (ISN,InilhiichialtaxpaNarick rtifiaatioa numt ar (1111 1), adoptia n tar pa! Ili r identfication ruml er (411IN , at emplc)lor icle ntifio atia a nun t e r (11N), to nap art or a n info rm+r tic n return the ams unt l aii I to +1.r u, or other ami a nt ra pa rte I It c ■ c n Info rr■atlo n return. Escit rap les of irfe rr■etio n retum:r iralucil, t Lit are not limited to, tl a fallovlinll •porn110EI-INT( interestoame< arpaicl) • Norm 1099-1 IV (cli%ddends, inalu<ling tf ase from stcal c or mutuA furcls) • Flom 1499-MI90 ()u rien:r tyl es of ince n e, i rizes, i wards, or grass Iroceeds) • F o rm 11 S9-1 (s to al or mutui I f, Ind sates e n l a ertcl In a tt o r tr ns. atia ns I y I rokens) • F a rm 11199 -I (p ro c sed:l from real a, tate tri nsactic n s) •Farm 1a99-11(rrerctanteardar(lthird Iart.1wiNarktrarr tions} • Ram 11198 (j cme martgr Ie interact), 11 90-1(stuclont Icat interest), 1C91 -T (tull ]on) • F em 11994 (a■ncelec clrtt) • F arm 1199-A (aa■uisitior cr ataadenm-rrto f seaurcd piraIt41) Usa nom N 1-11 c nh if )tau ar-r a I I.S. II ersc n (inO (ding a res id -1 nt a liar), to 11rovide I Ieurearreat111M. !f) Iw do nat retcm Ph rm AI -A to 1.l ii requastor x iitl a TTN, you miail t t a at Ib/ecr to bo, okup wit/ 1 olding l ec AV attar d ck(,l witl halcFngl an Iagc 2. B)l sit nln( the fined -out farm, Ila u: 1.tlerlitlth;it0( 71N)louare-IhdnE isocniect(arylonare waiting for anurober to to issued), 3. Cierlif 1 tt at )lou ara ■ct autiect to t ackup withtaldirg, or 1. Ctlain limemltitn from boakup withholding il11au are ■ U.S. enempt pe)laa. If elpliaabla,ylaiIori also oarlir inl Pat &- a ILI. Farson, 11t.nillocebleshani of .nI l larinersf ip iaccme from a U.S. track or t usi■ess is nitsubjectte the witt holding tar it n fora Ft n pa riners' of are of iiffoGtivell 1 connected income, and 1.airlitlttitFIA-WIAeade(s)eutaredonthis farm (1ai 10 Indicating 92tNauare encraptfrcmthe FAT4Areporting, iscorrect. Sea Mlatisll4Xreportlag7cii page 2forfcr1herinformaticn. Cit. PIa.11221X Fcrmw-1 (Fc v. 19 4014) MINOS iTY/WON EN BUSINESS ENTERPRISE (N WBE) AND HISTOp ICALLY UNDERUTILIZED BUSINESSES (HUB) Biddingl aompar ies Rat havre teen certified t )l the State at Arizona as Historically Underutilized Business (HUB) or Mina rityAAlormen Busir ess Enterll rise (N WBE) entities area n c(rtiraged to indicate their HUB and N WB9 status v+ir en responding to tt is Bic I In vitation . 'vendor aertitiesttatthis llirrnisaNWOE(Regµiiredb)lsarreparlicipatinglagencies) ❑ les IB No 'vendor aertities tt at this ilrrrn is a HUB (Regluired t )l so me p artia ipating agle n cies) ❑ `i es M Pa Please scan a copy o'l NWBE ardlor HUB aertificatiar letter and the peraentagle of yaur I usiness viiith MWBE and/or HUB suppliers, ifappliaable, in your bld response in the Response At echrnerts section. I, the authorized iepresentative for the company named below, aertif that the intlommation conaerningl residency certitllcatlor , and MW BE and HUB cer ifications haue been rievile wed by rue and the Inliorwtion -furnished Is taue to the E e s-1 o f my ki owledge. Contraator's NarnelClampan)lName: Urban an erg 9olulions, Inc. k1dress, Clitjl, State, and Zip Cocle: --312 aast BroaclHlay Road -Phoenix, Aa €15040 PF one Number: 480-282-9501 Max Number: E102 -1A7 -740 --- Printed 102-c 97 -740 -Printed Name and Title ofAlt ittoriaedRepress rtathie: Justin Rojas, Presideni Email Address: iuslinraias@urtanenergvinc.com Signature o'IPluthorized Representative: Pe-[ 6 Date: /I nil 17, 2017 1GPA 17-13N Eleatriaal and I igrting Rroduati and 9eriiaea Ia1le 39 of 60 E It BOP CI KNOW Al L MEM BY THESE PRESENTS: VIA -111, C ilban enengy 19alutians, Incl., 3311'91 E. Braacw ay Raad, Flhaeniy, AZ E15C14C (herainaf eroalled Prinail al), as Rrinalpal, and Cannectiau-1 Hartfard Trav OIEiiis Casualty and Supely Company oil fi meiiiaa a core oration organized and eAstingl undertle laves of the State , witl its grinail al offi+le in the City of , (hereinafter called the Sureti,), as l ureti, are held am firmly t ounce iinto laauernment ProaurerrentElllianae (I arc inafter milled tl a Ot ligee) in tlaaniountofOnaHurl dlledThe tisandclndnokl00--- (Do liars) ($'IC0,(C(1.00 ),fartlepayment wherecf, the said Princjpi I and Surety t incl therriebies, and theirl eirs, administrators, emecutors, sucaessors and assigns, jointlyandmierali?I,ilrml}lb)ltlase presents. WHEREAS, the Principal I as sul mitted a Bld for: fl] e c t vi c a ] and Lighting Products anc 9e iml as NOW, V IIIRMMaRE, if tl a Ot ligee s hi II a aaept tl e t id of tl a Pincip al and tl e R rind ipal sl all enter into a Contract with tl a tit liglee in accorclanae with tl a terms of sucl bice, and give such t c nd or bands as mall be speciflecl in the Lidding or Contract Dc cumente v litl goad and s uffiaient suretI for thle faithful performance of suo t Contract and for ttle pro ml t payment of lat (rand material furnish el in tt a grasaaution thereof, ar io the event of the failure of tl a Pdnaipal to enter Sint C01tra4t and 9 ive sticl band or t onds, if tt a Pdncipal sl ell pail to th a abligae tl a differenae not to wiceed tt a penalty t ereof I etween tl a arnonnt speailled in said bid and such larger a moiint fo r wt lot tic Cit lig ee ma)l in goo d faith aootra ct with anott er paft to perform the Worl cornered III said tid, then 0 is obligation shall to mull and moil, otherwise to remain in full force andeffeat. TI a promalling party in a Suit( n tt is t and stall reGova r as a ja rt of lis jndgnl ant suit res � onable atlorneys' fees as may t e fixe d b)l a judg a of tl a Court. Witness curIands ti- is 181h day of ArInil 20 17 L pban E nEirgy 9clluticins, Inc. Princiq al Sea I BY 11ravelfraaasusltyand Sur -it Company OfAnledu BY Surety N 6 M er or Kecora d'Attorna�, In -I act 1GPA 11-1a PV Illeatft I amd I ijh ting Pro di and S+Iruicas Page 911 of 61 WARNING: THIS ROVIIHR ONATTONPIE' I IS IPIVALID WITHOUT7FIE REG BOHCNR ^�I POWER OF ATT ICIMNE11 I NAVE UE WI `� Faan n ptcn Casualty ComNanll 9t. Haul N-ircl r)i Imuaenao Can pini) Fidelity and Gr aranty Insure i ca Campo n)l Tlarnalirs d asualty at d 9uret)l Can Aan)l FldelityandGuarattyIrsuran(eUndenwritens,vlc.TIzinlirsUasualtyand SuretilCan pan}lafAnierica St. Haul Hire and Marine Insurance Can pan)l United Sta tos FidelitS and Guanant)l Can pan]l St. Haul Guardian Insurance Canipanjl Atte me al -Int Fa4tNa. 7 31zI59 d er tificate N( .0011111051 KNOW ALL MEN BY THESE 11RESEPITM: TI at Hannington C, suitt)I Campany, St. Pal l Fill eoiI Matins Irsurinco Campai y, St. Pant Guardian Insurance Uomlianll, St. Paul N •Ircur Iisuranci (lomlasyl, Travelers ( asualt)l and Sure 41 Campany, Tra)wlors Casualty and Surety (lompn)l of Amei ca, , nd United State: Fidelity and GLaranty Ccmllan]l are earl orations A131 organized under the lams cf the State of Cannelotiaut, that Fidaliyl and Quararty Insuranaa Comfaay is a seri oraticn dt l)l aganized under the laws of the Statin of Ia uia, r.nd that Hid-nlit)l and (Iluarant]l Insurance llr.danrritars, Inc„ is a cert oration dull organized under the laws of the Mata (ifPtisaonsis (I anis oollectiv-sly callecl the "Campanias"), and that tl a ComAanie de terob)l malleo constitute and a jpq int Sue llietricl, Ulm I. MaGahan, Milli Kuhl, N anc)I J. I uahte i Id, Dviid 2m, Jonathan Vile[ or, and c and)I N illar, All droa (I larl, act Marisa Far ell of tl a (Iity of Morton , State as Illinois , their true and lamiful Attcramy(s)-in-Fait, oast in [flail solarate calcity if mare thea one is marred abaue, to sign, oneetaq, seal and a Ilei owlidgc an)l and all 1 onds, reaagnizances, ncnditia: al i ndarlaldn®s and ether wnitinBs abligatcr) in tl o nature tllenaf on t ohilf ei tha Camlar ias in it eir I usiness of ,luaianticing till fid-il't1i of lersans, Suarantening the jerforrnaroe e1 iontracts and erect ting or:1 uarantieiig t ands and rsderlalt!ngs required or pera'tlad in ar.)l aatia:is or Ism Ilawid 1:11 law. 1N WIINESS WHEREON, ti o Comlanies taue carsecl this instrument to t o sinned avid their Iergorate seals to I e hereto afllrled, d is JQt] day of January , 2017 . Fat niington Casualty Can pat A FldelityaudGuaront)IInimanco Company Fidelity and Guaront)l hl suionoo Underwriitens, Ins. St. Maul Fih and Marine Insurance Com Jany St. Mau Gt vAian Insurance Com)tal y St. Pau Manloury Insural ce tion patty Traxelors Cal t i ltll ani Sirietydcrnipoiiy RaxelorsCatuiltpani Sunety(lamparyofAmenica United State, Ridelit]l and Guaranty ( oralpn11 GhSI p16i y !•w QRS .!'ry LSY Aho 0"Almsoo) coow y •;ppORAr�m �^ ttaarwlmCO H. o ' ; 'tate a l Connictiout (lity of Hartford ss. le.4 Hy: Rcb rt L. Raney, ACni-Ir Vice 1 resident Or this the loth dell of Tannery 1 201„before rim ]lerscnallil appearod I cl ert I . Raney, wl o aelo ovdidged himself to ba the I enie r Vice Pra sides t of Farmir g to n Casualty Uomll u n ll, Fide lith a r. d Guai ar t)l Irl su ranao Ce mpan ]b H]cle lit)l and Guan nt] I Insurar on U. i clerwritars, Inc., 9 t. Paul Fira acid N arise Insuraa cc ( om]Iln;l St. Paul Guardian Insurance Ccmlany, 3t. Faul N ereur. Insurance ( ompi n)l,Travelers Casualty and Iuret)l tlomAasy,TraNialars Casualtl , nd Suret)l Cemlan]l of Amirioa, and United States Fidelity and Guaranty Company, i nd tri t li, as such, being autharizel so to do, enecuted thio fereSoing instrument for tl a furl loses therein contained I y signing on I •Ihi if of the aarparatiens I y himself as a du1,I aut1krized offtaer. In Vktness Wl ereaf, I l ereunto set m]l hanil and official seat. M)l Cammissicn etgir•Is tl e'_tltl da)l cf Iuoe, 7091. > �1� it 584elC-i-16 Il rioted it U.; .A. WARNING: THIS POWER OF ATTORNEY IS Marie 4.7et eault, Notary Plblic STA TH CIH Illir la is COUNTY OH Tazowell On thL 18th I da JI a i AvriJ , 2017 ba lora me penson a lly appeared) Nanay J. LucWefeldl vdill whom l ami peraanally acquaiMecl, wha, being bbl me dluly sworn, said: 'HJNat heilshe is Atlorniey-in-Haat olTiiavel4 r; (las ualt31 avid Suret3l Company a i A ma rica, Hartfovdl , C I'D th4 a orp a nation c la scvibedl in an dl wh icH execull ec I t H e foregoir g inalrumanl; tbal licIsbe kdows IHa corporalle seal oil said Company; that said seal affixedl to saidl inslrumanl is suall aorporWe seal; itat id was so affimodl by autborit31 of Ida Boardl of f inactans tbereol ax dl oilHis,INar offiaa undler the Stanicling Resolutions of said Clomplany; and tball heAsh( sigui dl his)lHer namia ,Iheneilo as Attaimey-in-Hacil bbl like au,lhorit31. G c ra L. McGaba ,, Notary P b c NOTARY STAMH My commi:i cion a xpiri s : TAB 6 RESPONSIVENESS I COMPLIANCE Contractor's License. Provide a list of applicable Arizona Contractor's licenses held by your company. Include the Name of Licensee, Classification, and Number. Submit copies of licenses to perform work as proposed under this contract. Urban Energy Solutions, Inc. holds the approporiate licenses to perform work as proposed under this contract. CR -11 Contractors License No. 252925 - Electrical B-1 Contractors License No. 276050 - General Commercial Contractor LICENSE EFFECTIVE THROUGH: 02/28/2019 STATE OF ARIZONA Uk LICENSEEFFECTNETHROUGH: 02/Zs/zetaSTAT EOFARIZONARegistrar of Contractors CERTIFIESTHARegistrar of Contractors CERTIFIES THAT Urban Energy Solutions Inc Urban Energy Solutions Inc I I I CONTRACTORS LICENSE NO. 252.92.5 CLASS CR11 CONTRACTORS LICENSE NO. 276050 CLASS B_1 I I Electrical General Commercial Contractor I THIS ENTER UPON D �l/! THIS LAAO MUST BE PRESENTED UPON DEMAND PRESENTED UPON DEMAND JEFF FlEET11M1, DlgEciOn JEFF FLEERIMI, DIRECTOR 1A PVSchools Electrical and Lighting Products and Services I IFB No. 17-13PV URBAN ENERGY I I rm SOLUTIONS EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND URBAN ENERGY SOLUTIONS, INC. [Work Orders] See following pages (to be attached subsequent to execution). 3019831.1 AIN jc TOWN OF FOUNTAIN HILLS ° kp � TOWN COUNCIL to �`, AGENDA ACTION FORM aar is 0,0" Meeting Gate: 8115/2017 Meeting Type: Regular Session Agenda Types Regular Submitting Department: Community Services Staff Contact Information: Kevin Snipes, 480 816-5178, ksnipes@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of of approving a Cooperative Purchase Agreement #2018-013 with Precision Electric Company, Inc. in the amount of $120,000 for maintenance services on the Town's pumps and pump stations. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town currently contracts periodic maintenance and repairs for services on the Town's pump and pump stations. The current contract for pump station maintenance is set to expire in October and the contract for maintenance and repairs for the Fountain pumps expired in .lune of 2017. Town wishes to consolidate services to one company and pursued a Cooperative Purchase Agreement through the City of Scottsdale's "Scottsdale Contract" for one year with two one-year renewable options. A copy of the "Scottsdale Contract" is on file with the Town Clerk. Risk Analysis (options or alternatives with implications): Inability to perform needed maintenance and repairs on the Town's pumps and pump stations. Fiscal Impact (initial and ongoing costs; budget status): $120,000 aggregate/$40,000 annualty Budget Reference (page number): 257 Funding Source: General Fund If Multiple Funds utilized, list here Budgeted; if No, attach Budget Adjustment Form: INA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Cooperative Purchace Agreement contract #02018-013 SUGGESTED MOTION (for Council use): Move to approve CPA (#2018-013) with Precision Electric Company, Inc. in the amount not to exceed $120,000 (includes two one-year renewable option renewals), for maintenance service on the Town's pumps and pump stations. Page 4 of 2 �Prepared by: Kevin Snipes. Supervisor of Parks 8/2=17 Director's Ap r gal: achael GoodWnI In im Community Services Director --S= 17 Approved: Grady E. Miller. 7o• nager 8/3/2017 Pago 2 ort Contract No. C2018-013 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PRECISION ELECTRIC CO., INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of August 15, 2017, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Precision Electric Co., Inc., an Arizona corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the City of Scottsdale, Arizona ("Scottsdale") entered into Contract No. 15RP022, dated June 19, 2015, as amended by Contract Renewal No. 1, dated July 5, 2016, and Contract Renewal No. 2, dated June 6, 2017 (collectively, the "Scottsdale Contract"), for the Contractor to provide electrical maintenance. A copy of the Scottsdale 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 Scottsdale Contract, at its discretion and with the agreement of the awarded Contractor, and the Scottsdale 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 Scottsdale Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with electrical maintenance, as more particularly set forth in Section 2 below on an "as -required" basis (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 June 19, 2018 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Scottsdale Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to two successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Scottsdale Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this 3024685.1 Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Scottsdale Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then -current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the Scottsdale Contract. The Town does not guarantee any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the Scottsdale Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Scottsdale Contract will be subject to rejection. 2.1 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 Scottsdale 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. 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. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Initial Term and for each subsequent Renewal Term, if any, an annual aggregate amount not to exceed $40,000.00 for the Materials and Services at the unit rates set forth in the Scottsdale Contract. The maximum aggregate amount for this Agreement, including all Renewal Terms, shall not exceed $120,000.00. 3024685.1 2 4. Pam. 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 Scottsdale 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 Scottsdale Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 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 6 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. 6. E -verify Requirements. To the extent applicable under ARiz. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARiz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. 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. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARiz. REV. STAT. § 38-511. 3024685.1 3 9. 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. 10. 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. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved work orders, the Scottsdale 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 Scottsdale 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 Scottsdale 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. 12. Rights and Privileges,. To the extent provided under the Scottsdale Contract, the Town shall be afforded all of the rights and privileges afforded to Scottsdale and shall be the "City" (as defined in the Scottsdale Contract) for the purposes of the portions of the Scottsdale Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Scottsdale to the extent provided under the Scottsdale 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 3024685.1 4 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 Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. 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 parry 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 Contractor: Precision Electric Co., Inc. 1822 East Jackson Street Phoenix, Arizona 85034 Attn: Steve Belt 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 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. [SIGNATURES ON FOLLOWING PAGES] 3024685.1 5 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] 3024685.1 6 "Contractoe' PRECISION ELECTRIC CO-, INC_, an Arizona corporation By: Precision Electric Co, 1 nc_ F Name: Steven C. Beit Title: Division Manager --- (ACKNOWLEDGMENT) STATE OF ARIZONA ) )SS. COUNTY OF MARICOPA ) Ony � - ` , 2017, before me personally appeared ;5+-''.� t �G � nc�Vf-of PRECISION ELECTRIC CO., 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. . otary Public (Affix notary seal here) HEATHER DAWN WdILLIAMSON Notary Public Arizona Marlcopa County hay Comm. Exarres Wu1 24, 2021 3024685.1 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PRECISION ELECTRIC CO., INC. [Scottsdale Contract] See following pages. 3024685.1 June 6, 2017 Purchasing 9191 E. San Salvador Dr. Scottsdale, AZ 85258 Precision Electric Co., Inc. Attn: Bradley Lewis 1822 E. Jackson Street Phoenix, Arizona 85034 Transmitted via Email: Bradley@precisionelectric.com Re: Contract: 15RP022, Renewal No. 2 Electrical Maintenance Dear Mr. Lewis: Pursuant to your acknowledgement notice dated May 26, 2017 submitted via email, the City of Scottsdale hereby accepts your offer to renew our Contract No. 15RP022 for Electrical Maintenance Services, for a period of one (1) year. All terms, conditions, and pricing shall remain the same. The renewal period shall be effective June 20, 2017, through June 19, 2018. All provisions of the contract shall remain in effect during the new contract period. Please refer to Attachment 1, for a re -cap of the contract pricing. The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability be on file with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Commercial General Liability: $2,000,000 each occurrence $2,000,000 Products -Completed Operations Aggregate $5,000,000 General Aggregate Current certificate on file VALID through 7/1/17 Vehicle Liability Insurance: $1,000,000 each accident Current certificate on file VALID through 7/1/17 Workers Compensation and $1,000,000 each accident Employer's Liability Insurance: $1,000,000 Disease each employee $1,000,000 Disease policy limit Current certificate on file VALID through 10/1/17 When necessary, updated insurance certificates can be emailed, faxed or mailed to my attention using the contact information listed below. Pagel of 4 Please ensure the certificate(s) supplied reference Contract Number (15RP022), AND state the following: "City of Scottsdale, its agents, representatives, officers, directors, officials and employees as an additional insured and certificate holder, include a waiver of subrogation against the City of Scottsdale". Please email or mail to my attention, as soon as possible a current ACORD Certificate of Liability Insurance that covers all of the insurance requirements that are indicated above as being EXPIRED OR MISSING, or when the certificate needs to be renewed. Failure to supply and keep current the required insurance certificates may render this extension void. If you have any questions regarding this renewal, please feel free to contact me. All other questions, issues or concerns shall be directed to Jason Bowman, Contract Administrator (480) 312-8765. Sincerely, Margie Vasquez, Bid & Contract Specialist City of Scottsdale — Purchasing Division Phone: (480) 312-5715 Fax: (480) 312-9135 Email: MVasquez@scottsdaleaz.gov cc: Jason Bowman, Contract Administrator Water Department Page 2 of 4 CONTRACT PRICING (Re -cap Pricing - No Increase) Precision Electric Co, Inc. Contract NO. 15RP022 - Renewal No. 2 Effective: 6/20/2017 to 6/19/2018 Page 1 of 2 LABOR RATES 15. MOTOR REPAIR COSTS Estimated Motor Repair Costs rebuilt according to section 15.00% 9.0 example 250hp, 480volt, 3 phase (Annually) (use % discount for VEMR 1. PM service as listed in section 10.0 $ 67.00 per hour 2. PM service in section 10.0 with two (2) field technicians $ 67.00 per hour 3. Field Technician $ 67.00 per hour 4. Field Technician with Truck $ 67.00 per hour 5. Infrared Scan - when requested, when not part of the PM service $ 67.00 per hour 6. Crane truck up to 25 ton with operator $ 67.00 per hour 7. Field Supervisor $ 70.00 per hour 8. Field Supervisor with Truck $ 70.00 per hour 9. Shop Technician $ 65.00 per hour 10. Specialty technician ( example: VFD troubleshooting and repair) $ 67.00 per hour 11. Machine shop rate $ 67.00 per hour 12. Engineer services $ 115.00 per hour 13. Crane truck 26 ton and above - with operator $ 67.00 per hour 14. Shop Lead Technician $ 70.00 per hour 15. MOTOR REPAIR COSTS 16. TRANSFORMER SERVICE DESCRIPTION • Transformer Service (10.30) N/A 17. TRAINING SERVICES DESCRIPTION • VFD / Electrical Training (6.120) N/A Page 3 of 4 Estimated Motor Repair Costs rebuilt according to section 15.00% 9.0 example 250hp, 480volt, 3 phase (Annually) (use % discount for VEMR pricing guide) 16. TRANSFORMER SERVICE DESCRIPTION • Transformer Service (10.30) N/A 17. TRAINING SERVICES DESCRIPTION • VFD / Electrical Training (6.120) N/A Page 3 of 4 CONTRACT PRICING (Re -cap Pricing - No Increase) Precision Electric Co, Inc. Contract NO. 15RP022 - Renewal No. 2 Effective: 6/20/2017 to 6/19/2018 Page 2 of 2 EQUIPMENT/PARTS & OUTSIDE SERVICE RATES (Mark-Up Costs) EQUIPMENT ..- A Materials will be billed at your invoice cost multiplied 15% by your mark-up % indicated. OUTSIDE Outside services include subcontracted work and B. motor repairs; to will be billed at your invoice cost 15% multiplied by your mark-up %. PercentageVaughen's Discount LIST PRICE Discount C Vendor shall state discount offered off Vaughen's 15% Electric Motor Repair (VEMR) Pricing Guide. If any repair work extends into an overtime pay 1 1/2 D. situation, at what rate over the standard hourly rate will the City be charged (i.e., 1-1/2 times, 2 times, etc.) Indicate the time of the day, and the days of the week which DAYS HOURS will constitute overtime pay charges. Monday -Friday 5:00pm-6:00am (Weekend, Holiday, and After Hours) sat sun 5:00pm-6:00am Page 4 of 4 July 5, 2016 Purchasing 9191 E. San Salvador Dr. Scottsdale, AZ 85258 Precision Electric Co., Inc. Attn: Bradley Lewis 1822 E. Jackson Street Phoenix, Arizona 85034 Transmitted via Email: Bradley@precisionelectric.com Tod@ precis ionelectric.com Re: Contract: 15RP022, Renewal No Electrical Maintenance Dear Mr. Lewis: Pursuant to your acknowledgement notice dated June 28, 2016 submitted via email, the City of Scottsdale hereby accepts your offer to renew our Contract No. 15RP022 for Electrical Maintenance Services, for a period of one (1) year. All terms, conditions, and pricing shall remain the same. The renewal period shall be effective June 20, 2016, through June 19, 2017. All provisions of the contract shall remain in effect during the new contract period. Please refer to Attachment 1, for a re -cap of the contract pricing. The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability be on file with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Commercial General Liability: $2,000,000 each occurrence $2,000,000 Products -Completed Operations Aggregate $5,000,000 General Aggregate Current certificate on file VALID through 7/1/17 Vehicle Liability Insurance: $1,000,000 each accident Current certificate on file VALID through 7/1/17 Workers Compensation and $1,000,000 each accident Employer's Liability Insurance: $1,000,000 Disease each employee $1,000,000 Disease policy limit Current certificate on file VALID through 10/1/16 When necessary, updated insurance certificates can be emailed, faxed or mailed to my attention using the contact information listed below. Pagel of 4 Please ensure the certificate(s) supplied reference Contract Number (15RP022), AND state the following: "City of Scottsdale, its agents, representatives, officers, directors, officials and employees as an additional insured and certificate holder, include a waiver of subrogation against the City of Scottsdale". Please email or mail to my attention, as soon as possible a current ACORD Certificate of Liability Insurance that covers all of the insurance requirements that are indicated above as being EXPIRED OR MISSING, or when the certificate needs to be renewed. Failure to supply and keep current the required insurance certificates may render this extension void. If you have any questions regarding this renewal, please feel free to contact me. All other questions, issues or concerns shall be directed to Jason Bowman, Contract Administrator (480) 312-8765. Sincerely, Margie Vasquez, Bid & Contract Specialist City of Scottsdale — Purchasing Division Phone: (480) 312-5715 Fax: (480) 312-9135 Email: MVasquez@scottsdaleaz.gov cc: Jason Bowman, Contract Administrator Water Department Page 2 of 4 CONTRACT PRICING (Re -cap Pricing - No Increase) Precision Electric Co, Inc. Contract NO. 15RP022 - Renewal No. 1 Effective: 6/20/2016 to 6/19/2017 Page 1 of 2 LABOR RATES 15. MOTOR REPAIR COSTS Estimated Motor Repair Costs rebuilt according to section 15.00% 9.0 example 250hp, 480volt, 3 phase (Annually) (use % discount for VEMR 1. PM service as listed in section 10.0 $ 67.00 per hour 2. PM service in section 10.0 with two (2) field technicians $ 67.00 per hour 3. Field Technician $ 67.00 per hour 4. Field Technician with Truck $ 67.00 per hour 5. Infrared Scan - when requested, when not part of the PM service $ 67.00 per hour 6. Crane truck up to 25 ton with operator $ 67.00 per hour 7. Field Supervisor $ 70.00 per hour 8. Field Supervisor with Truck $ 70.00 per hour 9. Shop Technician $ 65.00 per hour 10. Specialty technician ( example: VFD troubleshooting and repair) $ 67.00 per hour 11. Machine shop rate $ 67.00 per hour 12. Engineer services $ 115.00 per hour 13. Crane truck 26 ton and above - with operator $ 67.00 per hour 14. Shop Lead Technician $ 70.00 per hour 15. MOTOR REPAIR COSTS 16. TRANSFORMER SERVICE DESCRIPTION • Transformer Service (10.30) N/A 17. TRAINING SERVICES DESCRIPTION • VFD / Electrical Training (6.120) N/A Page 3 of 4 Estimated Motor Repair Costs rebuilt according to section 15.00% 9.0 example 250hp, 480volt, 3 phase (Annually) (use % discount for VEMR pricing guide) 16. TRANSFORMER SERVICE DESCRIPTION • Transformer Service (10.30) N/A 17. TRAINING SERVICES DESCRIPTION • VFD / Electrical Training (6.120) N/A Page 3 of 4 CONTRACT PRICING (Re -cap Pricing - No Increase) Precision Electric Co, Inc. Contract NO. 15RP022 - Renewal No. 1 Effective: 6/20/2016 to 6/19/2017 Page 2 of 2 EQUIPMENT/PARTS & OUTSIDE SERVICE RATES (Mark-Up Costs) EQUIPMENT ..- A Materials will be billed at your invoice cost multiplied 15% by your mark-up % indicated. OUTSIDE Outside services include subcontracted work and B. motor repairs; to will be billed at your invoice cost 15% multiplied by your mark-up %. PercentageVaughen's Discount LIST PRICE Discount C Vendor shall state discount offered off Vaughen's 15% Electric Motor Repair (VEMR) Pricing Guide. If any repair work extends into an overtime pay 1 1/2 D. situation, at what rate over the standard hourly rate will the City be charged (i.e., 1-1/2 times, 2 times, etc.) Indicate the time of the day, and the days of the week which DAYS HOURS will constitute overtime pay charges. Monday -Friday 5:00pm-6:00am (Weekend, Holiday, and After Hours) sat sun 5:00pm-6:00am Page 4 of 4 REQUEST FOR PROPOSAL ELECTRICAL MAINTENANCE RFP #15RP022 TABLE OF CONTENTS ELECTRICAL MAINTENANCE RFP #15RP022 INSTRUCTIONSTO BIDDERS............................................................................................................. 1 1. SUBMITTAL RECEIPT AND OPENING..................................................................................... 1 2. PRE-BID CONFERENCE................................................................................................I........,. 1 3. INFORMATION REQUESTS.................................................................................. .............. 1 4. SOLICITATION QUESTIONS.................................................................................................... 2 5. APPROVED ALTERNATES....................................................................................................... 2 6. ENVIRONMENTAL PROCUREMENT POLICY.......................................................................... 3 7. PURCHASING WEB SITE............................................................................................ ......... 4 8. DOWNLOADING SOLICITATIONS............................................................................................4 9. EMAIL NOTIFICATION..............................................................................................................4 10. CITY OF SCOTTSDALE PROCUREMENT CODE....................................................._............... 4 11. PROSPECTIVE BIDDER'S CONFERENCE................................................._............................ 4 12. BIDDER'S PRESENTATION...................................................................................................... 5 13. INELIGIBLE BIDDER................................................................................................................. 5 14. OBLIGATIONS........................................................................................................................... 5 15. NON COLLUSION AFFIDAVIT.................................................................................................. 5 16. IMMIGRATION LAW COMPLIANCE.......................................................................................... 5 17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS ........................................... 6 18. TAXES/LICENSES.....................................................................................................................6 19. CONTRACTOR'S LICENSING REQUIREMENTS..................................................................... 8 20. LITIGATION............................................................................................................................... 9 21. SUBCONTRACTOR'S LIST....................................................................................................... 9 22. SUBCONTRACTORS................................................................................................................ 9 23. CONFIDENTIAL INFORMATION............................................................................................... 9 24. SMALL BUSINESS.................................................................................................................. 10 25. TITLE VI NOTICE.................................................................................................................... 10 26. INTERPRETATIONS, ADDENDA............................................................................................ 10 27. SUBMITTAL PROCEDURE..................................................................................................... 11 28. AWARD DETERMINATION..................................................................................................... 12 29. REJECTION OF BIDS.............................................................................................................. 12 30. PROTESTS..............................................................................................................................12 31. CONTRACT AWARD NOTIFICATION..................................................................................... 14 32. AWARD OF CONTRACT......................................................................................................... 14 33. BID BOND................................................................................................................................. 15 GENERALTERMS AND CONDITIONS..............................................................................................16 1. ADDITIONAL SERVICE REQUESTED.................................................................................... 16 2. ADVERTISING.........................................................................................................................16 3. ARIZONA LAW........................................................................................................................ 16 4. ASSIGNMENT......................................................................................................................... 16 5. ATTORNEY'S FEES................................................................................................................ 16 6. AUTHORITY............................................................................................................................ 16 7. CANCELLATION OF CITY CONTRACTS................................................................................. 17 8. CAPTIONS/HEADINGS........................................................................................................... 17 9. CERTIFICATE OF INSURANCE.............................................................................................. 17 10. CHANGES IN THE WORK....................................................................................................... 17 11. CHEMICALS............................................................................................................................ 18 12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS ..................... 18 13. COMPLIANCE WITH FEDERAL AND STATE LAWS.............................................................. 19 14. CONFLICT OF INTEREST....................................................................................................... 19 15. CONTRACT ADMINISTRATOR DUTIES....................................................................1.11...1..... 19 16. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS....................1.......111....... 20 17, CO-OP USE OF CONTRACT.................................................................................................. 20 18. COUNTERPARTS.................................................................................................................. 20 19. ENDANGERED HARDWOODS...................................................................................-........20 20. ENTIRE AGREEMENT............................................................................................................ 21 21, EQUAL EMPLOYMENT OPPORTUNITY................................................................................. 21 22. ESTIMATED QUANTITIES.....................................................................................................21 23. EXECUTION OF CONTRACT..................................................................................................21 24. FORCE MAJEURE...................................................................................................................21 25. FUNDS APPROPRIATION....................................................................................................... 21 26. INDEMNIFICATION...........................................................................................................1111..22 27. INDEPENDENT CONTRACTOR..............................................................................................22 28. INSURANCE REQUIREMENTS...............................................................................................22 Insurance Representations and Requirements......................................................................... 22 RequiredCoverage..................................................................................................................24 29. LITIGATION.............................................................................................................................25 30. LOCAL CONDITIONS, RULES AND REGULATIONS.............................................................. 25 31. MODIFICATIONS.....................................................................................................................25 32. NO PREFERENTIAL TREATMENT OR DISCRIMINATION..................................................... 26 33. NO WAIVER............................................................................................................................ 26 34. ORDER OF PRECEDENCE..................................................................................................... 26 35. PATENTS................................................................................................................................ 26 36. PAYMENT TERMS.................................................................................................................. 27 37. PRICE REDUCTION................................................................................................................ 27 38. RECORDS AND AUDIT RIGHTS............................................................................................. 27 39. REGISTERED/LICENSES....................................................................................................... 28 40. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM .................... 28 41. RISK OF LOSS........................................................................................................................ 28 42. SCOTTSDALE CITY SEAL AND CITY SYMBOL..................................................................... 28 43. SEVERABILITY........................................................................................................................29 44. SUCCESSORS AND ASSIGNS............................................................................................... 29 45. TERMINATION........................................................................................................................ 29 46. TESTING OF MATERIALS....................................................................................................... 30 47. TIME IS OF THE ESSENCE.................................................................................................... 30 48. WARRANTY............................................................................................................................ 30 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ...................................... 31 1. ACCEPTABILITY OF INSURERS............................................................................................ 31 2. ACCEPTANCE / AGREEMENT............................................................................................... 31 3. ADDITIONAL LOCATIONS...................................................................................................... 31 4. CITY ASSURANCE................................................................................................................... 31 5. CITY OBSERVED HOLIDAYS................................................................................................. 32 6. CITY'S SERVICES AND RESPONSIBILITIES......................................................................... 32 7. CLAIMS AND DISPUTES......................................................................................................... 33 8. CLEAN UP...............................................................................................................................34 9. CONTRACTOR SAFETY PROGRAM...................................................................................... 34 City Safety Rules and Expectations.......................................................................................... 35 Accident/Injury Procedure........................................................................................................ 35 UnsafeActs......................................................................................................................I....... 35 SafetyAudits............................................................................................................................35 10. CONTRACTOR'S DAILY LOG................................................................................................. 35 11. CONTRACTOR'S EMPLOYEES' IDENTIFICATION AND WORK APPAREL .....................1111., 36 12. CONTROL OF THE WORK SITE............................................................................................. 37 13. COOPERATION AND FURTHER DOCUMENTATION............................................................ 37 14. COVENANTS AGAINST CONTINGENT FEES........................................................................ 37 15. DAMAGED WATER, SEWER, AND OTHER UTILITIES.......................................................... 37 16. DISPUTE AVOIDANCE AND RESOLUTION........................................................................... 38 17. DUMPING AND DISPOSAL OF WASTE.................................................................................. 38 18. EXISTING UTILITIES TO BE RELOCATED............................................................................. 38 19. FINAL ACCEPTANCE... ............................... ........................................... .... I ..................... 38 20. GOVERNMENT APPROVALS AND PERMITS ................................................. .......... ,............ 39 21. GUARANTEE - WARRANTY................................................................................................... 40 22, HOURS OF WORK................................................................................................................... 40 23. INDEPENDENT CONTRACTOR.......................................................................................... 41 24. INSPECTION........................................................................................................................... 41 25. INVOICING.........................................................................................,.................................... 42 26. LEGAL REQUIREMENTS........................................................................................................42 27. LIQUIDATED DAMAGES.........................................................................................................42 28. MARSHALING YARD............................................................................................................... 42 29. MUTUAL OBLIGATIONS......................................................................................................... 43 30. NATIVE PLANTS..........................................................................................................._......... 43 31. NOTICE................................................................................................................................... 43 32. NOTICE OF CANCELLATION.................................................................................................. 44 33, OWNERSHIP OF PROJECT DOCUMENTS............................................................................44 34. PRICE ESCALATION...............................................................................................................44 35, PRICING..................................................................................................................................45 36 PROJECT METHODS..............................................................................................................45 37. PROJECT PRACTICE............................................................................................................. 45 38. PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK...........................................46 39. PURCHASING PROCEDURE..................................................................................................46 40_ REVIEW OF CONTRACTOR'S WORK.................................................................................... 46 41. RIGHTS-OF-WAY....................................................................................................................46 42. SCOPE.................................................................................................., ... 46 43. SINGLE AWARD........................................................... .................... ....................................... 46 44. ORDER OF PRECEDENCE..................................................................................................... 47 45. SUBCONSULTANTS AND SUBCONTRACTOR'S INSURANCE...................... ....................... 47 46. SUBSTANTIAL COMPLETION................................................................................................ 48 47 SUPERVISION BY CONTRACTOR......................................................................................... 49 48, SURVEY STAKES................................................................................................................... 49 49. SUSPENSION AND TERMINATION........................................................................................ 49 City's Right to Stop Work......................................................................................................... 49 Termination for Convenience..........................................................,........................................ 49 50. TERM OF AGREEMENT......................................................................................................... 51 51, THIRD PARTY BENEFICIARY.................................................................................................. 51 52. TRAFFIC CONTROL................................................................................................................ 51 53. WORKMANSHIP......................................................................................................................51 SPECIFICATIONS............................................................................................................................... 52 1.0 GENERAL INFORMATION...................................................................................................... 52 2.0 CONTRACT ADMINISTRATION...........................................................<.................................. 52 3.0 GENERAL CONTRACTOR QUALIFICATIONS........................................................................ 52 4.0 CONTRACT AWARD............................................................................................................... 53 5.0 CITY RESPONSIBILITIES....................................................................................................... 54 6.0 .................. ................ CONTRACTOR RESPONSIBILITIES............................................... ... 54 7.0 SUPERVISION BY THE CONTRACTOR... .............................................................................. 56 8.0 CONTROL REPAIR AND SERVICE........................................................................................ 56 9.0 ELECTRIC MOTOR REPAIRS ..................... ......... ,...... ---- ................................................. 56 10.0 PREVENTATIVE MAINTENANCE WORK .............. :....................................... ......................... 57 11.0 LOCK OUT TAG OUT............................................................................................... .... 58 12.0 WORKMANSHIP AND MATERIALS........................................................................................ 58 13.0 REPLACEMENT PARTS.............................................................. .............. 59 14.0 SAFETY................................................................................................................................... 59 15.0 HOURLY RATES............................................................................... .. 59 16.0 WORK ESTIMATES, RESPONSE AND COMPLETION TIME ................................................. 60 17.0 SITE RESTORATION.............................................................................................................. 61 18.0 INSPECTION OF WORK......................................................................................................... 61 19.0 WARRANTY............................................................................................................................ 62 20.0 DELAY OF WORK................................................................................................................... 62 21.0 INVOICE.................................................................................................................................. 62 SUBMITTAL REQUIREMENTS CHECKLIST..................................................................................... 64 EVALUATIONCRITERIA.......................................................................................................I............ 67 OFFERAND ACCEPTANCE..............................................................................................................68 PRICINGPROPOSAL FORM............................................................................................................. 69 BIDDER QUESTIONNAIRE No. 1 - COMPANY INFORMATION....................................................... 73 BIDDER QUESTIONNAIRE No. 2 - EQUIPMENT LIST..................................................................... 74 SUBCONTRACTOR'S LIST................................................................................................................ 75 REFERENCES.................................................................................................................................... 76 BIDDER GENERAL DISCLOSURE FORM.......................................................... ................... .... 77 BIDDER LITIGATION DISCLOSURE FORM...................................................................................... 78 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 The City of Scottsdale invites sealed submittals to establish a contract to provide full service electrical motor repair and electrical equipment maintenance, including pulling motors at City job site, repairing motors at Contractor's shop, and delivering motor back to City facility building control panels, service sections and motor control centers. The services provided under this contract will be provided on an as -needed basis for the Water Resources Department. SOLICITATION CRITICAL DATES BID/PROPOSAL SUBMITTAL DUE: 2:00 P.M., LOCAL TIME, MAY 21, 2015 PRE-BID CONFERENCE: 10:00 A.M., LOCAL TIME MAY 6, 2015 QUESTIONS DUE: 2:00 P. M., LOCAL TIME, MAY 131 2015 APPROVED ALTERNATE SUBMITTALS DUE: 2:00 P.M., LOCAL TIME, MAY 13, 2016 1. SUBMITTAL RECEIPT AND OPENING SEALED SOLICITATION SUBMITTALS WILL BE RECEIVED until 2:00 P.M., LOCAL TIME, MAY 21, 2015, at the Purchasing Department Front Desk, located on the second floor of the Scottsdale Corporation Yard Building at 9191 E. San Salvador Dr., Scottsdale, AZ 85258. All submittals must be date and time stamped at the Purchasing Department front desk on or before the submittal receipt time and date. LATE SUBMITTALS WILL NOT BE ACCEPTED. To allow staff to complete required internal administrative functions, submittals will be opened, read and the name of each bidder recorded, as a matter of public information, within thirty (30) minutes after the receipt time and date have past. No submittal will be considered unless it is submitted on the forms contained herein. All submittals must be presented in a sealed envelope or box. The outside of the submittal must be clearly marked with the solicitation number, solicitation title and the submitting company's name. This includes envelopes delivered by Fed Ex, UPS, DHL or other carrier. 2. PRE-BID CONFERENCE A Pre -Bid Conference will be held at 10:00 A.M., LOCAL TIME, MAY 5, 2015, in the Water Resources Building, located at the Water Operations building located at 9312 N. 94th Street Scottsdale, AZ 85258 in the EOC room. In the All bidders are urged to attend. All bidders are urged to attend. 3. INFORMATION REQUESTS Requests for additional information relating to this bid should be directed to: Margie Vasquez Bid & Contract Specialist 480-312-5715 mvasguez0)scottsdaleaz.gov in 4/22/2015 2:58 PM Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS 011-1/1.1 ELECTRICAL MAINTENANCE RFP #15RP022 TT ; } 4. SOLICITATION QUESTIONS The Bidder shall submit all questions, requests for clarification and inquiries in regards to this solicitation to Margie Vasquez, no less than eight (8) days prior to the original solicitation opening date. It is preferred that all questions be submitted via email to the appropriate Purchasing Staff, ixivasquez yscottsdaleaz._gov, where possible. When submitting any questions the Bidder should indicate the page number, Section Number/Clause Title and if possible paragraph number that is being questioned. It is your responsibility to give notice, in the form of written questions before the bid opening on any item or issue in this solicitation that you believe should not be included or contained in any amendment to this solicitation or that the City failed to include in this solicitation that should have been included, and by your notice, the City could have cured the problem if the item or issue had been timely raised or objected to. Failure to give notice may constitute a waiver of your right to object to the inclusion or lack of inclusion of the item or issue in this solicitation in any subsequent protest filed by you. All questions, regardless of the method they are communicated (email, regular mail or hand delivered), must be clearly marked as "Solicitation Questions" and state the solicitation number in the subject line of the email or on the outside of the envelope. If questions are not submitted via email, the submittal envelope MUST be clearly marked with solicitation number and words "SOLICITATION QUESTIONS", or it may be mistaken as an actual bid submittal and not be opened immediately. All solicitation questions MUST be received by the Purchasing Division by 2:00 RM LOCAL TIME MAY 13, 2015. Any inquiries received after the specified time will be reviewed on an individual basis by the Purchasing Staff to determine if a response would be advantageous for the City. 5. APPROVED ALTERNATES Specifications and plans, if applicable, may contain references to service requirements, equipment and/or materials (patented or unpatented) or "approved alternate(s)." Such references shall be regarded as establishing a standard of quality, finish, appearance, performance or as indicating a selection or design based upon compatibility with existing equipment, materials or details of construction (if applicable) inherent to the project design. Such references shall not be construed as limiting the selection to a specified item, source or design detail. The use of an alternate or substitute, item or source as an approved alternate will be permitted, subject to the following procedure and pursuant to ARS 34-104 if the subject matter of this solicitation involves construction. Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE • RFP #15RP022 5. APPROVED ALTERNATES— CONT'D a. The Bidder shall submit a written Request for Alternate to the contact person listed on page one of this solicitation at least eight (8) days prior to the original deadline for receiving bids. Requests for alternates submitted to the City's contracted Consultant or other City Staff shall not be reviewed. The submittal envelope must be clearly marked with solicitation number and "REQUEST FOR APPROVED ALTERNATE'. Requests must be time stamped by the Purchasing Division by 2:00 P.M., LOCAL TIME, MAY 13, 2015. The approved alternate request shall include all information necessary for proof of quality and suitability for substitution including benefits, engineering design and data (calculations) and/or detailed plan modifications which may be required by the substitution. The Bidder shall submit additional information and/or samples when required. The Contract Administrator or his representative, will evaluate the information submitted, perform tests when necessary and make comparisons in order to approve or reject the proposal. If rejected, the Contract Administrator shall give notice of rejection to the Bidder submitting the request for approved alternate. b. Purchasing, if the request for approved alternate is accepted, shall issue a written addendum to the solicitation specifying the approved alternates and publish the modification in the same manner as the original solicitation documents. c. The Specifications may reference equipment or materials "or alternate". The reference to "or alternate" shall be construed to mean "or approved alternate" in every instance. Use of an alternate or substitute item shall be allowed only if approval was received as outlined in this section. d. For purposes of submitting a Request for Approved Alternate, the "Bidder" is defined as the person or firm entering a submittal to the City in response to this solicitation. Therefore the City will not entertain any submittal for an approved alternate from any party not meeting the definition of Bidder. 6. ENVIRONMENTAL PROCUREMENT POLICY The City has established an Environmental Procurement Policy which encourages the inclusion of environmentally responsible products and services available to meet the intended purpose. We encourage the offer of alternatives that broaden the range of environmentally responsible products or services that will meet the performance requirements of this solicitation. IF YOU WISH TO SUBMIT AN ALTERNATIVE, follow the procedures specified in the Instructions to Bidders, Approved Alternate Section of this document., unless the approved alternate clause has been deemed not applicable. 3 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE ;/ I RFP #15RP022 7. PURCHASING WEB SITE The Purchasing web site provides a wide variety of information including: capability to download solicitations and plan sheets (if applicable), invoicing guidelines, how to introduce your products, list of Buyer's commodity lines, etc. The web site can be accessed at http://www.scottsdaleaz.gov/Purchasing. Registering and downloading a solicitation will also provide the supplier with notices of all addenda that are issued. 8. DOWNLOADING SOLICITATIONS All solicitation documents; plan sheets/drawings if applicable and addenda are available for download in .pdf format. Bidders may print their own copies of these documents or provide the files to any reprographics/copy center in their area. Bidders will no longer be able to pick-up these documents at the Purchasing Department and plan shipments will no longer be available. There will be one set of plan sheets/drawings (if applicable) available for onsite review only at the Purchasing Office located at 9191 E. San Salvador Dr., Scottsdale, AZ 85258. It is imperative that you download the solicitation from the City website at www.scottsdaleaz.gov in order to be notified of associated addenda. 9. EMAIL NOTIFICATION The City of Scottsdale does not maintain a Bidder list; however, on the City's main web site page, select the Email Subscriptions link and subscribe to receive a notification of Solicitation Opportunities twice weekly. — www.scottsdaleaz,gov 10. CITY OF SCOTTSDALE PROCUREMENT CODE All procurement activities, conducted by the City of Scottsdale, are in conformance with the rules and regulations of the Scottsdale Procurement Code. A copy of the Code is available for review in the Office of the City Clerk located at City Hall, 3939 Drinkwater Boulevard and the Purchasing Office located at 9191 E. San Salvador Drive, Scottsdale, Arizona. A copy of the Code is also available from the Purchasing website: htt ://www.scottsdaleaz. ov/Purchasin /Procurement Code A hard copy of the Code is available for purchase, for a fee of $10.00, at the Purchasing Office. 11. PROSPECTIVE BIDDER'S CONFERENCE A prospective Bidder's conference may be held. If scheduled, the date and time of this conference will be indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position. This conference will also give Bidders an opportunity to submit any questions and discuss any questions previously submitted. 4 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 12. BIDDER'S PRESENTATION Bidders may be invited to make a presentation. If invited, Bidders will be notified of the date and time of the presentation by the City of Scottsdale Purchasing Department. 13. INELIGIBLE BIDDER The preparer of the bid specifications is not eligible to submit a bid or proposal on the solicitation for which they prepared the specification, nor is the preparer eligible to supply any product to a Bidder or Offeror on the solicitation for which they prepared the specification. 14. OBLIGATIONS The issuance of this solicitation does not obligate the City to pay any costs incurred in the preparation and submission of proposals. 15. NON COLLUSION AFFIDAVIT By signing the Offer Form/Signature Page of the solicitation, or other official contract form, the Bidder certifies that: In connection with the performance of this solicitation or any resulting Contract, the Bidder is stating and certifying that the Contractor/Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its submittal in response to this solicitation or any potential resulting Contract. If any company is jointly owned or associated through common officers/employees with another company(s) that is/are responding to the same solicitation, both/all of those companies must take all precautions so as to make sure the preparation of their Bid or Proposal submittal is done completely independent of the other company(s) or individual(s). Specifically, any individual working on preparation, approving or signing one submittal can have no knowledge of or interaction with any other bid or proposal submission from a different company for that same solicitation. If the subject matter of this solicitation is construction, the Bidder shall submit a completed and Notarized Non Collusion Affidavit, stating and certifying that said Bidder/Company has not either directly, or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with the preparation or submission of its submittal in response to this solicitation or any potential resulting Contract. The Bidder is to return the completed and notarized Non Collusion Affidavit with their submittal. 16. IMMIGRATION LAW COMPLIANCE By signing the Offer Form/Signature Page of this solicitation, the Bidder certifies and warrants that for all solicitations for services (including construction services) it has complied with the E -Verify Program as required by ARS §23-214(A) or will have complied with the requirements of the E -Verify Program before award. Failure to comply with the E -Verify Program may result in the automatic disqualification of the submittal as being non-responsive or the termination of any Contract awarded and the possible forfeiture of any applicable bond. 5 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 16. IMMIGRATION LAW COMPLIANCE — CONT'D The City will include specific "Compliance with Federal and Arizona State Immigration Laws" language in any Contract or Subcontract it enters into with the successful Bidder. In addition, this language must be included in any Subcontracts that the successful bidder enters into with its Subcontractors. 17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS Arizona State law A.R.S. §1-502 (H.B. 2008) requires that all PERSONS who will be awarded a Contract and apply for public benefit, must demonstrate through a signed affidavit and the presentation of a copy of documentation, that they are lawfully present in the United States. A PERSON is defined as all NATURAL PERSONS/INDIVIDUALS/SOLE PROPRIETORSHIPS as indicated by your W9 Filing. (This law does not apply to LLP's, LLC's, PLLC's, Corporations, Limited Partnerships or General Partnerships) By submitting your quote, bid or proposal to the City, you are agreeing that if you are selected as the awardee and meet the criteria as a PERSON, you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach the appropriate copy of your documentation in proof of that statement. Types of acceptable documentation copies are an Arizona Driver's License issued after 1996, Arizona nonoperating identification license, U.S. Birth Certificate, U.S. Passport , 1-94 Form with photograph and several others that are all listed on the Affidavit Form that the City will send to you for your completion prior to issuing any Contract. If you have previously done business with the City and already have filed the above Affidavit with copies of an acceptable documentation please indicate when you submitted it. If your acceptable Affidavit is already on file with the City, that will be sufficient to meet this requirement. If you fail to complete and provide a completed Affidavit and accompanying acceptable copy of your documentation, or not advise us of your prior filing within 10 calendar days of being requested by then, you may be considered non-responsive and disqualified from that award consideration. You can obtain the complete Affidavit Form from the City's Purchasing Department at (480) 312-5700 or the City's website at http://www.scottsdaieaz.gov/Purchasing, on the Vendor Resources page at the bottom right under Forms. 18. TAXES/LICENSES Federal Excise Taxes: The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where the City is exempt from Federal excise taxes are: 1. Fuel that is used by the City 2. Communication 3. Heavy trucks, trailers and tractors 4. Certain Superfund activity If there is a specific circumstance that is in doubt you should contact the City to resolve that status of that Federal Excise tax and its applicability. Revised 12116114 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 18. TAXES/LICENSES — CONT'D Transaction Privilege (Sales) Taxes on the City: The City of Scottsdale is not exempt from being charged the appropriate Arizona State, County, and City privilege (sales) taxes on the goods and services that we procure. For suppliers within the State of Arizona, the City expects to be charged the appropriate privilege taxes on the invoice. For out of state suppliers that do not have the ability to collect Arizona State privilege taxes, the City will self -accrue such Arizona State and City use taxes for collection and payment to the State of Arizona and City of Scottsdale. Transaction Privilege (Sales) Taxes on the Supplier 1 Contractor: Certain business services and activities may have a City of Scottsdale Privilege (sales) tax liability. To determine the City of Scottsdale tax treatment, please visit the following website and view the City of Scottsdale Tax Code and other Privilege and Use tax resources. Questions pertaining to the applicability of taxes shall be directed to the City of Scottsdale Tax & License Section at 480-312-2400. The Contractor shall be responsible for payment of all applicable taxes due on Contract income whether or not such taxes are specifically separated in the bid amount. hftp://www.scoftsdaleaz.,qov/taxes/ Certain Business Services and Activities may have a State Privilege (sales) tax liability. To determine the State tax treatment, please visit the following website or contact the Arizona Department of Revenue at 602-716-6578 or 602-716-6657. http:f/azleg,state.az.us/Arizc)naRevisedStatutes.asp?Title=42 To obtain a State of Arizona Privilege (Sales) Tax License Application, please go to the following website: http://www.azdor.gov/Business.aspx The City of Scottsdale requires a license for service-oriented businesses located in Scottsdale that do not have a City of Scottsdale transaction privilege (sales) tax liability. This includes all activities or acts including, but not limited to service, professionals, trades and occupations, personal or corporate. To engage or continue in business the owner must obtain a Business, Occupational and Professional License. Service oriented businesses located outside the City limits are NOT required to obtain a Business, Occupational and Professional License from the City of Scottsdale. Please visit the following website for the City of Scottsdale Transaction Privilege & Use Tax License and the Business, Occupational and Professional License applications: hftp://www.scoftsdaleaz.qov/licenses/boplicense Bidder is solely responsible for any and all tax obligations which may result out of the Bidder's performance of this Contract. The City has no obligation to pay any amounts for taxes, of any type incurred by the Bidder. 7 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 18. TAXES/LICENSES — CONT'D Construction Related Transaction Privilege (Sales) Taxes Responsibility of the Contractor: The Contractor shall be responsible for payment of all applicable State of Arizona and City of Scottsdale transaction privilege (sales) taxes due on construction income whether or not such taxes are specifically separated in the bid amount. The taxes are to be reported on either a progressive billing (accrual) basis or cash receipts basis, depending on the method chosen at the time application was made for the Privilege (sales) Tax License. City Privilege (sales) tax exemptions/deductions may be applicable to certain projects. We advise you to consider this as you prepare your bid. Please review, in detail, Sections 415, 465, and 110 of the Scottsdale Revised City Code, Appendix C to determine if exemptions/deductions are applicable. For tax guidance, please reference the City Code and other tax resources at the following website: http://www.scottsdaleaz.-gov/taxes/ The State of Arizona has similar exemptions; please reference ARS Title 42 at the following website: http://www. azleg, state. az. us/Arizona ReyisedStatutes.asp?Title=42 To determine tax treatment of design/build Contracts, please contact the Arizona Department of Revenue at 602-255-2060 and the City of Scottsdale Tax Audit Section at 480-312-2629. Construction bids will be evaluated and recommended for award based on the total bid cost including tax. 19. CONTRACTOR'S LICENSING REQUIREMENTS The Contractor shall state his Arizona State Contractor's License Number and Classification on the Bid Form as evidence that he is licensed to contract the work indicated in the specifications at the time of bid submittal. In accordance with Article 3, Regulation 32-1151 of the Arizona Registrar of Contractors Statutes and Rules, it is unlawful for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a bid or respond to a Request for Qualification/Quotation or a Request for Proposals for construction services as, act or offer to act in the capacity of or purport to have the capacity of a Contractor without having a Contractor's license in good standing in the name of the person, firm, partnership, corporation, association or other organization at the time of bid submittal, if such licensing is a requirement of the Arizona Registrar of Contractors. 8 Revised 12/16/14 - Doc #8232885-v33 20. LITIGATION INSTRUCTIONS TO BIDDERS ,TRICAL MAINTENANCE M 5RP022 The Bidder will disclose any issue or potential issue that may have a material bearing on the financial condition, solvency or credit worthiness of the organization. Disclosure includes any material contingent liabilities or uninsured potential losses, involuntary contract terminations in other jurisdictions and any voluntary or involuntary bankruptcy filings over the past 7 years. The Bidder will also disclose any litigation in which the Bidder has been involved in, either as a plaintiff or defendant, within the past 3 years, and the Bidder shall agree to notify the City within 24 hours of any litigation or significant potential for litigation of which the Bidder becomes aware. Further, the Bidder will be required to warrant that it will disclose in writing to the City all litigation involving the Bidder, the Bidder's related organization, owners and key personnel. 21. SUBCONTRACTOR'S LIST If, at the time of bidding, any Bidder intends to Subcontract any portion of this Contract, the Bidder must complete the information required on the Subcontractor's List preceding the Bid Form and include this list with bid submittal documents. 22. SUBCONTRACTORS During the performance of the Contract, the Contractor may engage any additional Subcontractors as may be required for the timely completion of this Contract, unless specifically prohibited by the specification. The addition of any Subcontractors must first receive the approval of the City. The awarded Contractor may relieve Subcontractors of City Tax liability by providing them with a completed Subcontractor Written Declaration form. In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of this Contract rests with the Contractor. The Contractor assumes responsibility for the proper performance of the work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract documents is intended or deemed to create any legal or contractual relationship between the City and any Subcontractor or Sub -Subcontractor, including but not limited to any third -party beneficiary rights. 23. CONFIDENTIAL INFORMATION Requests for nondisclosure of confidential information such as trade secrets and other proprietary data must be made known to the City within the bid submittal. Bidders are instructed to clearly identify any proprietary information that may be submitted, and, if feasible, package such information in a separate, sealed envelope labeled "Confidential" or "Proprietary". The City is subject to Arizona statutes and City Charter provisions that permit the inspection of public records. The City cannot ensure confidentiality of any portion of a submittal document in the event a public inspection request is made. 9 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS �S ELECTRICAL MAINTENANCE RFP #15RP022 23. CONFIDENTIAL INFORMATION— CONT'D However, in accordance with Section R2-188.23 pertaining to Request for Proposals and Section R2-188.6 pertaining to Invitation for Bids, of the City's Procurement Code, the City shall examine the portions of your proposal noted as "Confidential" and/or "Proprietary". If a determination to disclose the information is made, you shall be so informed. This is the only notification concerning confidential information that will be given to potential bidders, and this provision should be taken into consideration prior to submitting a bid. After Contract award, and unless otherwise instructed by the Bidder, the City shall destroy all information identified as confidential or proprietary in accordance with public records retention requirements. 24. SMALL BUSINESS Small, minority owned businesses (MBE/WBE/DBE) are encouraged to respond to City of Scottsdale solicitations. 25. TITLE VI NOTICE "The City of Scottsdale, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 26. INTERPRETATIONS, ADDENDA THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR BIDDERS ADJUSTING THEIR SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY THE CITY'S CONTRACTED CONSULTANT OR AGENT. SUBMITTALS DEVIATING FROM THE SPECIFICATIONS CONTAINED HEREIN BY ANY MEANS OTHER THAN AN AUTHORIZED ADDENDUM BY THE PURCHASING DIVISION WILL BE SUBJECT TO REJECTION. Should a Bidder find an ambiguity, inconsistency or error in the Plans if applicable or Specifications, or should he be in doubt as to their meaning, he shall at once notify the contact person listed on page one of this solicitation, who will prepare a written addendum. The City will not be responsible for oral instructions or information. All questions shall be submitted as per the Solicitation's Questions Clause. Any addenda issued by the City will become a part of the Contract. By signing and submitting a bid or proposal, the Bidder/Proposer is acknowledging that they will abide by all addenda issued prior to the opening of the bids/proposals and agreeing that all pricing takes into account all such addenda. 10 Revised 12/16114 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS i ELECTRICAL MAINTENANCE RFP #16RP022 26. INTERPRETATIONS, ADDENDA — CONT'D A Notice of Addenda will be emailed to those who have registered as a downloader and provided their email address; or provided by other appropriate means to each bidder, person or firm recorded on the Plan Holder's list. The bidder/proposer can return to the City's website under Solicitation Opportunities to verify how many addenda have been issued against a specific solicitation. If they feel they are missing any addenda, they can register again as a downloader to obtain access to all issued addenda. A viewing copy of the addenda will also be available wherever the solicitation documents are kept. It is the responsibility of the Bidder/Proposer to be aware of ALL addenda before submitting their final bid/proposal. The City takes no responsibility for any addenda that a bidder/proposer has failed to address in their submittal, and will hold the Bidder/Proposer responsible that their pricing encompasses all issued addenda. 27. SUBMITTAL PROCEDURE No submittal will be considered unless it is submitted on the Bid Forms contained herein (or as otherwise requested). Faxed or emailed submittals will not be considered. Erasures, interlineations or other modifications in the submittal shall be initialed by the authorized person signing the Offer & Acceptance/Proposal Signature Page document. The Bid Form/Pricing Proposal page (if applicable) containing the pricing must be completed. The name of the Contractor/Company must be listed on the page. To be considered responsive, the Offer and Acceptance Form/Proposal Signature page must be signed and dated by an authorized person(s) eligible to sign Contract documents for the Contractor and is part of the original bid/proposal submittal due at the stated date and time indicated in the solicitation. Consortiums, joint ventures, or teams entering submittals will not be considered responsive unless it is established that all contractual responsibility rests solely with one Bidder or one legal entity. The submittal must indicate the responsible entity. Submitters should be aware that joint responsibility and liability will attach to any resulting Contract and failure of one party in a joint venture to perform will not relieve the other party or parties of total responsibility for performance. If you wish to mail your submittal, please note that it is the submitter's responsibility to ensure the submittal is received at the Front Desk of the Purchasing Office with enough time to have it time and date stamped on or before the solicitation receipt date and time. Faxed or emailed submittals will not be accepted. LATE SUBMITTALS WILL NOT BE CONSIDERED. Submittals received after the time and date specified will be returned to the bidder unopened. A submittal may be withdrawn prior to the time set for opening submittals. No submittal may be withdrawn for a period of one hundred and twenty (120) days after the date set for receipt of submittals. 11 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #1 BRP022 27. SUBMITTAL PROCEDURE — CONT'D At any time prior to the specified solicitation due time and date, a Bidder may withdraw the bid. Faxed withdrawals will not be considered. Submittals received by the City with the signed Offer on the Offer and Acceptance Form/Proposal Signature document constitutes a legally binding offer by the Contractor. All submittals are to be completed on City of Scottsdale (COS) forms without any alterations; failure to do so may result in your submittal being rejected. 28. AWARD DETERMINATION Responsive proposals will be evaluated based on the evaluation criteria established within the solicitation document. Various elements of the proposal submittal will be reviewed and evaluated against the solicitation requirements. There may or may not be a requested presentation from the top proposals to further understand their proposal and how it responds to the solicitation requirements. Proposers should not assume there will be an opportunity for presentations and should therefore make their proposal submittals comprehensive in response to the solicitation requirements. Upon conclusion of all of the evaluations, a recommendation is made to award to the Proposer that best meets the City's needs and provides the best value to the City. Notwithstanding any other provision of the Request for Proposal, the City expressly reserves the right to: (1). Waive any immaterial defect or informality; or (2). Reject any or all Proposals, or portions thereof; or (3). Reissue a Request for Proposal. (4). To award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City. 29. REJECTION OF BIDS The Purchasing Director or City Council reserves the right, as the interest of the City requires, to reject any or all submittals, to waive any informality in submittals received, to award a Contract by accepting or rejecting any alternate submittal(s) (additive or subtractive) and reserves the right to reject the submittal(s) of any Bidder who has previously failed to perform competently in any Contract with the City. 30. PROTESTS Pursuant to the City of Scottsdale Procurement Code Section 2-213 an aggrieved person may protest any aspect of a solicitation prior to award of a Contract. As used herein, the phrase "any aspect of a solicitation" shall be limited in its interpretation to mean an alleged violation of the City's Procurement Code as it relates to the bid solicitation, its evaluation, or its award. 12 Revised 12/16/14 - Doc #6232665-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #16RP022 30. PROTESTS — CONT'D A protest must be filed within ten (10) calendar days after the protestor, exercising reasonable diligence, knew or should have known of facts and circumstances upon which the protest is based. Failure to protest any issue, fact or circumstance the protestor knew or should have known upon the exercise of reasonable diligence within said ten (10) calendar day period shall forever preclude a hearing based upon that issue, fact or circumstance. Notice of Awards will be given either through the City Council Meeting Agendas for those Contracts being awarded by City Council ( i.e. ,for construction and professional services) or through a Notice of Intent to Award posting, seven (7) calendar days prior to award, on the Purchasing section of the City's Internet Web Site for all administratively awarded Contracts. Award of Contracts shall be final and no protest pursuant to this section may be filed after award. A protest must be in writing and shall: ➢ State the name and address of the aggrieved person. ➢ Identify the contracting activity and the number of the solicitation. Contain a statement of all the grounds for the protest that the protestor then knows or should know based upon the exercise of reasonable diligence. Include supporting exhibits, evidence or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated. Material submitted by a protester shall not be withheld from an interested party except to the extent that the withholding of information is permitted or required by law or as determined pursuant to code provisions for confidential material. If the protester believes the protest contains material that should be withheld, a statement advising the Director of this fact shall accompany the protest submission. The written protest must be filed with the Purchasing Director at the following address: City of Scottsdale Purchasing Services Department 9191 E San Salvador Dr. Scottsdale, AZ 85258 Attn: James Flanagan, Purchasing Director The Director may dismiss a protest, upon a written determination, before scheduling a hearing if: The protest does not state a valid basis for protest; or The protest is untimely pursuant to Procurement Code Section 2-213. 13 Revised 12/16/14 -Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE RFP #15RP022 30. PROTESTS — CONT'D If the Director determines a hearing is appropriate under the circumstances, the Director shall notify the protestor of the time and place set for a hearing on the protest. The Director may also give notice of the hearing to any other persons involved in the solicitation whose interests may be affected by the ruling requested from the Director. Any person whose interest is affected shall be permitted to intervene and participate in such hearing. Nothing contained herein shall require that the protest hearing be held prior to the award, if evidence from the solicitation, its evaluation or its award cannot be released to the public until after the award in order to protect the competitive process or in the best interests of the City. 31. CONTRACT A WARD NOTIFICATION Intent to Award notices for Contracts conducted as formal solicitations will be posted on Purchasing's website on the Intent to Award listing. Informal solicitations will be posted to the Award listing upon award. Intent to Award and award information can be found at the link provided below: htt s://eservices.scottsdaleaz. ov/eServices/Solicitations/Awards.as x?CID=O The City Council must approve award of Contracts for construction and professional services exceeding the formal procurement limit. Any Contract award going to City Council for approval is not binding on the City until after approval by the City Council, even if previously signed by the Contractor and a City representative. All other Contracts exceeding the formal procurement limit may be administratively awarded by the Purchasing Director. It is the submitter's responsibility to access this information from the City of Scottsdale Purchasing website link provided above. This is the only notification you will receive regarding the posting of Notices of Intent to Award and Award. 32. AWARD OF CONTRACT By signing the Offer portion of the Offer/Acceptance Form as a part of the Response to the solicitation, the Contractor is making a non -contingent offer to Contract with the City strictly based upon the terms, conditions, and specifications contained in the City's solicitation. The City is under no obligation to accept any identified exceptions. These bid or proposal offers do not become Contracts until after the Purchasing Director has signed the acceptance portion of the Offer/Acceptance Form. The Contract is then considered awarded to the successful Contractor, eliminating the signing of a separate Contract. For that reason, all of the terms, conditions and specifications of the procurement Contract are contained in the solicitation, unless any of the terms, conditions or specifications are modified by an addendum to the solicitation, a Contract amendment, or by mutually agreed written terms and conditions in the Contract documents. 14 Revised 12/16/14 - Doc #8232885-v33 INSTRUCTIONS TO BIDDERS ELECTRICAL MAINTENANCE ,. ••,1, RFP #15RP022 32. AWARD OF CONTRACT— CONT'D The effective date of this Contract shall be the date the Purchasing Director signs the Offer and Acceptance Form, unless another date is specifically stated as the effective date. The Contractor is cautioned not to begin any billable work or provide any materials or services under this Contract until the Contractor receives a Purchase Order document or separate Notice to Proceed. Once the City has awarded the Contract by signing the acceptance portion of the Offer/Acceptance Form, Notice of Contract Award and presenting it to the Contractor, the Contractor is required to provide all additional Bonds and/or Insurance Certificates, and other documentation required to issue the Purchase Order or Notice to Proceed; within ten (10) calendar days after the date of this Acceptance of Offer or Notice of Contract Award. If the Contractor fails to furnish the required documents within the stated ten (10) calendar days, they may be considered in default and may risk forfeiture of any applicable required Bid Bond. All required documents shall be sent to the Purchasing Representative listed in the solicitation. 33. BID BOND (Not Applicable) 15 Revised 12/16/14 - Doc #6232665-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #1 SRP022 1. ADDITIONAL SERVICE REQUESTED Any service requested which is not specifically authorized by the Contract or written adjustments thereto, requires the issue of a separate purchase order by the City for authorization to perform, and separate billing by the Contractor for payment. 2. ADVERTISING No advertising or publicity concerning the City using the Contractor's services shall be undertaken without prior written approval of such advertising or publicity by the City of Scottsdale. 3. ARIZONA LAW The Contract and all Contract documents are considered to be made under, and will be construed in accordance with and governed by the laws of the State of Arizona without regard to the conflicts or choice of law provisions. Any action to enforce any provision of this Contract or to obtain any remedy under this Contract will be brought in the Superior Court, Maricopa County, Arizona, and for this purpose, each party expressly and irrevocably consents to the jurisdiction and venue of this Court. 4. ASSIGNMENT Services covered by this Contract may not be assigned or sublet in whole or in part without first obtaining the written consent of the Purchasing Director and Contract Administrator. 5. ATTORNEY'S FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 6. AUTHORITY Each party hereby warrants and represents that it has full power and authority to enter into and perform this Contract, and that the person signing on behalf of each has been properly authorized and empowered to enter this Contract. Each party further acknowledges that it has read this Contract, understands it, and agrees to be bound by it. 16 Revised 12/16114 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 7. CANCELLATION OF CITY CONTRACTS The City may cancel any Contract or Agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the City's 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 of the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. The cancellation shall be effective when written notice from the City is received by all other parties to the Contract, unless the notice specifies a later time (A.R.S. 38-511). 8. CAPTIONS/HEADINGS The headings used in the Contract documents are for ease of reference only and will not in any way be construed to limit or alter the meaning of any provision. The captions used in this Contract are solely for the convenience of the parties, do not constitute a part of this Contract and are not to be used to construe or interpret this Contract. 9. CERTIFICATE OF INSURANCE The successful vendor(s) will be required to furnish the City of Scottsdale a Certificate of Insurance on a standard insurance industry ACORDTM form or its equivalent when separate insurance requirements are listed under clause #28 -Insurance Requirements. The ACORDTM form must be issued by an insurance company authorized to transact business in the State of Arizona. A sample of a standard insurance industry ACORDTM form with the required additional insured language can be found on our Vendor Resources webpage under forms at: littp://vvww.scattsdaleaz.gov/Ptircliasiiiq. Failure to provide a Certificate of Insurance with the appropriate verbiage will result in rejection of your certificate and/or may be cause for Contract default. Additionally, Certificates of Insurance submitted without referencing the solicitation number will be subject to rejection and discarded. 10. CHANGES IN THE WORK The City may at any time, as the need arises, order changes within the scope of the work without invalidating the Contract. If such changes increase or decrease the amount due under the Contract documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by written Change Order. The City will execute a formal Change Order based on detailed written quotations from the Contractor for work related changes and/or a time of completion variance. All Change Orders are subject to approval by the City. Contract Change Orders are subject to the Rules and Procedures within the City's Procurement Code. Change Orders to Contracts may be executed, according to established rules, when provided for in the original Contract. 17 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 10. CHANGES IN THE WORK — CONT'D The Contractor will not perform any additional services without a written Change Order approved by the City. If the Contractor performs additional services without a Change Order, the Contractor will not receive any additional compensation. 11. CHEMICALS Contractors must agree to provide Material Safety Data Sheets ( MSDS ) for all substances that are delivered to the City of Scottsdale, that come under the Federal requirements of 29CFR 1910 Subpart Z - Toxic and Hazardous Substances, which includes 29CFR 1910.1200 - Hazard Communication All Contractors using chemicals on City of Scottsdale property shall use only the safest chemicals, with the least harmful ingredients. These chemicals shall be approved for use by a City of Scottsdale representative prior to bringing them on property. Contractors shall make every attempt to apply approved chemicals with highly volatile organic compounds, outside of working hours. Adequate ventilation shall be used at all times during the application of these approved chemicals. In conjunction with the Occupational Safety and Health Standards, Subpart -Z Toxic and Hazardous Substances, and Section 1910.1200 Hazard Communication, Contractors are hereby informed of the presence of (or possible presence) of chemicals in the area where the work requested will be performed. It is the responsibility of all selected Contractors to contact the City of Scottsdale for specific information relative to the type of chemicals present and location of appropriate material safety data sheets. 12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS Under the provisions of A.R.S. §41-4401, the Bidder warrants to the City that the Bidder and all its Subcontractors will comply with all Federal Immigration Laws and Regulations that relate to their employees and that the Bidder and all its Subcontractors now comply with the E -Verify Program under A.R.S. §23-214(A). A breach of this warranty by the Bidder or any of its Subcontractors will be considered a material breach of this Contract and may subject the Bidder or Subcontractor to penalties up to and including termination of this Contract or any subcontract. The City retains the legal right to inspect the papers of any employee of the Bidder or any Subcontractor who works on this Contract to ensure that the Bidder or any Subcontractor is complying with the warranty given above. The City may conduct random verification of the employment records of the Bidder and any of its Subcontractors to ensure compliance with this warranty. The Bidder agrees to indemnify, defend and hold the City harmless for, from and against all losses and liabilities arising from any and all violations of these statutes. 18 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS — CONT'D The City will not consider the Bidder or any of its Subcontractors in material breach of this Contract if the Bidder and its Subcontractors establish that they have complied with the employment verification provisions prescribed by 8 USCA §1324(a) and (b) of the Federal Immigration and Nationality Act and the E -Verify requirements prescribed by A.R.S. §23-214(A). The "E -Verify Program" means the employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs. The provisions of this Article must be included in any Contract the Bidder enters into with any and all of its Subcontractors who provide services under this Contract or any Subcontract. "Services" are 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. The Contractor will take appropriate steps to assure that all Subcontractors comply with the requirements of the E -Verify Program. The Contractor's failure to assure compliance by all its' Subcontractors with the E -Verify Program may be considered a material breach of this Contract by the City. 13. COMPLIANCE WITH FEDERAL AND STATE LAWS The City has entered into this Contract with the Bidder relying on his knowledge and expertise to provide the services contracted for. As a part of that reliance, the Bidder represents that he knows and understands the relevant and applicable federal and state laws that apply to the services provided through this Contract, and agrees to comply with these relevant and applicable federal and state laws. The Bidder understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction Contracts: The Bidder must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". 14. CONFLICT OF INTEREST The City may cancel any Contract or Agreement, without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the City's 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 of the Contract with respect to the subject matter of the Contract. The cancellation shall be effective when written notice from the City is received by all parties to the Contract, unless the notice specifies a later time (A.R.S. 38-511). 15. CONTRACT ADMINISTRATOR DUTIES The Contract Administrator shall be responsible to audit the billings, approve payments, establish delivery schedules, approve addenda, and assure Certificates of Insurance are in City's possession and are current and conform to the Contract requirements. 19 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 16. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS For any non -construction City supplier whose service Contract(s) (either singular or in aggregate) results in the Contractor working 500 or more hours on site at a City of Scottsdale location(s) in any one calendar quarter, the following documentation must be provided by the Contractor to the Contract Administrator (CA): • the Contractor's most recent OSHA 300A (if applicable); • all accident reports for injuries that occurred in the city under the Contract during the most recent review period; • the Contractor's current worker's compensation experience modifier; the above information is to be provided to the CA initially and every February thereafter as long as the Contract is in force; • the CA will provide this information to Risk Management when requested. 17. CO-OP USE OF CONTRACT In addition to the City of Scottsdale, this Agreement may be extended for use by other municipalities, government agencies and governing bodies, including the Arizona Board of Regents, and political subdivisions of the State. Any such usage by other entities must be in accord with the ordinances, charter and/or rules and regulations of the respective entity and the approval of the Contractor. 18. COUNTERPARTS This Contract may be executed in one or more counterparts, and each originally executed duplicate counterpart of this Contract shall be deemed to possess the full force and effect of the original. 19. ENDANGERED HARDWOODS Any construction, building addition or alteration project which is financed by monies of this state or its political subdivisions shall not use endangered tropical hardwood unless an exemption is granted by the Director of the State of Arizona, Department of Administration. The Director shall only grant an exemption if the use of endangered tropical hardwood is deemed necessary for historical restoration or to repair existing facilities and the use of any substitute material is not practical. Any lease -purchase agreement entered into by this state or its political subdivisions for construction shall specify that no endangered tropical hardwood may be used in the construction unless an exemption is granted by the Director. As used in this subsection, "endangered tropical hardwood" includes ebony, lauan, mahogany or teak hardwood. 20 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE { RFP #15RP022 20. ENTIRE AGREEMENT This Contract constitutes the entire understanding of the parties and supersedes all previous representations, written or oral, with respect to the services specified herein. This Contract may not be modified or amended except by a written document, signed by authorized representatives of each party. 21. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the Bidder will follow the Federal government's guidelines to ensure that employees or applicants applying for employment will not be discriminated against because of race, color, religion, sex or national origin. The City of Scottsdale Diversity Office can be reached at 480-312-2727. 22. ESTIMATED QUANTITIES All quantities referenced in this solicitation document are subject to adjustment dictated by City requirements. Quantities at variance with stated bid quantities may be purchased as required. 23. EXECUTION OF CONTRACT The Contractor shall provide all the required documentation, which can include but may not be limited to, applicable bonds, insurance certificates, IRS W-9 Form and other documentation required to issue the Purchase Order or Notice to Proceed within ten (10) calendar days after the date of the Acceptance of Offer or Notice of Contract Award by the City. If a separate City Contract is required, the Contractor must execute it within ten (10) calendar days and return it to the City. Failure to complete these requirements within ten (10) calendar days may place the Contractor in default. 24. FORCE MAJEURE The City shall not be held responsible for acceptance of all or any part of the materials tendered for delivery under this Agreement due to federal, state or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire, windstorm or other incidents outside of the City's control which shall make such acceptance impossible or impractical. Neither party shall be responsible for delays or failures in performance resulting from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics, governmental regulations imposed after the fact, fire, communication line failures, or power failures. 25. FUNDS APPROPRIATION If the City Council does not appropriate funds to continue this Contract and pay for required charges, the City may terminate this Contract at the end of the current fiscal period. The City agrees to give written notice to the Contractor at least 30 days before the end of its current fiscal period and will pay the Contractor for all approved charges incurred through the end of this period. 21 Revised 12116114 - Doc #6232665-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 26. INDEMNIFICATION To the fullest extent permitted by law, Bidder, its successors, assigns and guarantors, shall defend, indemnify and hold harmless the City of Scottsdale, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of, or resulting from any negligent or willful actions, acts, errors, mistakes or omissions by Bidder relating to work or services performed under this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Bidder's and Subcontractor's employees. Insurance provisions set forth in this agreement, if any, are separate and independent from the indemnity provisions of this paragraph and shall not be construed in any way to limit the scope and magnitude of the indemnity provisions. The indemnity provisions of this paragraph shall not be construed in any way to limit the scope and magnitude and applicability of the insurance provisions. 27. INDEPENDENT CONTRACTOR The services Contractor provides under the terms of this Contract to the City are that of an Independent Contractor, not an employee, or agent of the City. The City will report the value paid for these services each year to the Internal Revenue Service (I.R.S.) using Form 1099. City shall not withhold income tax as a deduction from contractual payments. As a result of this, Contractor may be subject to I.R.S. provisions for payment of estimated income tax. Contractor is responsible for consulting the local I.R.S. office for current information on estimated tax requirements. 28. INSURANCE REQUIREMENTS Insurance Representations and Requirements General Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations. Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at its own expense, this Contract's stipulated minimum insurance with insurance companies properly licensed by the State of Arizona (admitted insurer) with an AM Best, Inc. rating of B ++ 6 or above or an equivalent qualified unlicensed insurer by the State of Arizona (non -admitted insurer) with policies and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result in termination of this Contract at City of Scottsdale's option. 22 Revised 12/16/14 - Doc #6232685-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 28. INSURANCE REQUIREMENTS — CONT'D Insurance Representations and Requirements — Cont'd No Representation of Coverage Adequacy By requiring the insurance stated in this Contract, the City of Scottsdale does not represent that coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves the right to review any and all of the insurance policies and/or endorsements required by this Contract, but have no obligation to do so. Failure to demand any evidence of full compliance with the insurance requirements stated in this Contract or failure to identify any insurance deficiency does not relieve Contractor from, nor be construed or considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. Coverage Term All insurance required by this Contract must be maintained in full force and effect until all work or services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the City of Scottsdale, unless specified otherwise in this Contract. Claims Made In the event any insurance policies required by this Contract are written on a "claims made" basis, coverage shall continue uninterrupted throughout the term of this Contract by keeping coverage in force using the effective date of this Contract as the retroactive date on all "claims made" policies. The retroactive date for exclusion of claims must be on or before the effective date of this Contract, and can never be after the effective date of this Contract. Upon completion or termination of this Contract, the "claims made" coverage shall be extended for an additional three (3) years using the original retroactive date, either through purchasing an extended reporting option; or by continued renewal of the original insurance policies. Submission of annual Certificates of Insurance, citing the applicable coverages and provisions specified herein, shall continue for three (3) years past the completion or termination of this Contract. Policy Deductibles and or Self -Insured Retentions The policy requirements may provide coverage which contains deductibles or self-insured retention amounts. Any deductibles or self-insured retention are not applicable to the policy limits provided to City of Scottsdale. Contractor is solely responsible for any deductible or self-insured retention amount. City of Scottsdale, at its option, may require Contractor to secure payment of any deductible or self-insured retention by a surety bond or irrevocable and unconditional Letter of Credit. Use of Subcontractors If any work under this Contract is subcontracted in any way, Contractor must execute a written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements as stated in this Contract protecting City of Scottsdale and Contractor. Contractor will be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements. 23 Revised 17/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 28. INSURANCE REQUIREMENTS — CONT'D Insurance Re resentations and Re uirements — Cont'd Evidence of Insurance and Required Endorsements Before starting any work or services under this Contract, Contractor must furnish City of Scottsdale with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Scottsdale will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it is Contractor's responsibility to forward renewal Certificates within ten (10) days after the renewal date containing all the aforementioned insurance provisions. Certificates must specifically cite the following provisions endorsed to the Contractor's policy: 1. City of Scottsdale, its agents, representatives, officers, directors, officials and employees must be named an Additional Insured under the following policies: a) Commercial General Liability b) Auto Liability c) Excess Liability - Follow Form to underlying insurance as required. 2. Contractor's insurance must be primary insurance as respects performance of subject contract. 3. All policies, except Professional Liability insurance, if applicable, waive rights of recovery (subrogation) against City of Scottsdale, its agents, representatives, officers, directors, officials and employees for any claims arising out of work or services performed by Contractor under this Contract. 4. If the Contractor receives notice that any of the required policies of insurance are materially reduced or cancelled, it will be Contractor's responsibility to provide prompt notice of same to the City, unless such coverage is immediately replaced with similar policies. Repuiired Covera-ge Commercial General Liabili Contractor must maintain "occurrence" form Commercial General Liability insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $5,000,000 General Aggregate Limit. The policy must cover liability arising from premises, operations, independent Contractors, products -completed operations, personal injury and advertising injury. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be "follow form" equal or broader in coverage scope than underlying. 24 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 28. INSURANCE REQUIREMENTS — CONT'D Required Coverage — Cont'd Vehicle Liability Contractor must maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired, and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. If any Excess insurance is utilized to fulfill the requirements of this section, the Excess insurance must be "follow form" equal or broader in coverage scope than underlying. Workers Compensation Insurance Contractor must maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract and must also maintain Employers' Liability Insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee and $1,000,000 disease policy limit. 29. LITIGATION The Bidder will disclose any issue or potential issue that may have a material bearing on the financial condition, solvency or credit worthiness of the organization. Disclosure includes any material contingent liabilities or uninsured potential losses, involuntary Contract terminations in other jurisdictions and any voluntary or involuntary bankruptcy filings over the past 7 years. The Bidder will also disclose any litigation in which the Bidder has been involved in, either as a plaintiff or defendant, within the past 3 years, and the Bidder shall agree to notify the City within 24 hours of any litigation or significant potential for litigation of which the Bidder becomes aware. Further, the Bidder will be required to warrant that it will disclose in writing to the City all litigation involving the Bidder, the Bidder's related organization, owners and key personnel. 30. LOCAL CONDITIONS, RULES AND REGULATIONS The Bidder shall familiarize himself with the nature and extent of the Contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the work. 31. MODIFICATIONS Any adjustments, alterations, additions, deletions, or modifications in the terms and/or conditions of this Contract must be made by written Change Authorization approved by the Contract Administrator, Purchasing Director and the Contractor. If Contractor performs any modification without written Change Authorization, the City shall not be obligated to accept said modification. 25 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 32. NO PREFERENTIAL TREATMENT OR DISCRIMINATION In accordance with the provisions of Article II, Section 36 of the Arizona Constitution, the City will not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin. The City of Scottsdale Diversity Office can be reached at 480-312-2727. 33. NO WAIVER The failure of either party to enforce any of the provisions of the Contract documents or to require performance of the other party of any of the provisions of this Contract will not be construed to be a waiver of those provisions, nor will it affect the validity of the Contract documents, or the right of either party to enforce each and every provision. No delay or failure of either party in exercising any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right or any other rights hereunder. All waivers must be in writing and signed by the party to be charged. Any waiver by either party of any requirement hereunder shall be deemed to be a specific limited waiver, and shall not be deemed to be a continuing waiver nor a waiver of any other requirement hereof. 34. ORDER OF PRECEDENCE In the event of a conflict in the provisions of this solicitation or resulting Contract, as accepted by the City and as they may be amended, the following shall prevail in the order set forth below: 1. Signed and fully executed separate Contract or Offer and Acceptance Sheet 2. Special Terms & Conditions of the Solicitation 3. General Terms & Conditions of the Solicitation 4. Statement or Scope of Work ( SOW) 5. Specifications 6. Attachments 7. Exhibits 8. Instructions to Bidders 9. Other documents referenced or included in the Solicitation or Contract 35. PATENTS The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City of Scottsdale and its agents or bidders for alleged patent and/or copyright infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this Contract and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney's fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. 26 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #16RP022 36. PAYMENT TERMS The City of Scottsdale's payment terms are payment within thirty (30) days except in Title 34 circumstances where payment is required within fourteen (14) days. Payment may be sooner where cash discounts are offered for early liayment; however, cash discounts offered will not be considered in determining lowest Bidder. In no event will payment be made prior to receipt of an original invoice containing invoice and Purchase Order numbers and receipt of purchased item. The City is not liable for delays in payment caused by failure of the vendor or Contractor to send invoice to the address specified below: CITY OF SCOTTSDALE ACCOUNTS PAYABLE 7447 E. INDIAN SCHOOL ROAD, #210 SCOTTSDALE, ARIZONA 85251-4468 37. PRICE REDUCTION If Contractor's, manufacturer, or supplier at any time during the course of this Contract, makes a general price decrease, to the Contractor, the Contractor shall promptly notify the City in writing and extend such decrease to the City effective on the date of such general price decrease. 38. RECORDS AND AUDIT RIGHTS Bidder's and Subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract (all the foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction during normal working hours by the City of Scottsdale, or its authorized representative, to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims based on Bidder's or Subcontractor's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Contract. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the City of Scottsdale or its authorized representative shall have access to said Records from the effective date of this Contract for the duration of the work and until three (3) years after the date of final payment by the City of Scottsdale to Bidder pursuant to this Contract. The City of Scottsdale or its authorized representative shall have access, during normal working hours, to all necessary Bidder and Subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this Article. The City of Scottsdale shall give Bidder or Subcontractor reasonable advance notice of intended audits. Bidder shall require Subcontractors to comply with the provisions of this Article by insertion of the requirements hereof in any Subcontract pursuant to this Contract. 27 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 38. RECORDS AND AUDIT RIGHTS — CONT'D If an audit in accordance with this article, discloses overcharges, of any nature, by the Contractor to the City in excess of one percent (1 %) of the total Contract billings, the actual cost of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the Contractor's invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of City's findings to Contractor. 39. REGISTERED/LICENSES To be considered responsive, Contractors must be registered/licensed in the State of Arizona, if such registration/license is normally a requirement. 40. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM Upon request, the Contractor shall provide the required I.R.S. W-9 FORM which is available from the IRS website at www.IRS.gov under their forms section. 41. RISK OF LOSS Contractor agrees to bear all risks of loss, injury or destruction of goods and materials ordered as a result of this Invitation for Bid which occur prior to delivery to the City; and such loss, injury, or destruction shall not release Contractor from any obligation hereunder. The Contractor agrees upon receipt of notification to promptly assume full responsibility for the defense of any suit or proceeding which is, has been, or may be brought against the City of Scottsdale and its agents or vendors for alleged patent and/or copyright infringement, as well as for the alleged unfair competition resulting from similarity in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this contract and the Contractor further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court costs and attorney's fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein. The City may be represented by and actively participate through its own counsel in any such suit or proceedings if it so desires. 42. SCOTTSDALE CITY SEAL AND CITY SYMBOL The Scottsdale City seal (as defined in S.R.C. § 2-1) and the City symbol are registered marks and are reserved solely for the City's use. Any other use or reproduction of the City's registered marks in any print, digital, or other media and without the City's express, written consent is prohibited. As a breach of this prohibition may impair the City's reputation, dilute its mark(s), or otherwise cause the City irreparable harm, the City shall be entitled to an immediate injunction enjoining such use in addition to any other legal or equitable remedies. 28 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 43. SEVERABILITY If any provision of the Contract documents or the application of them to any person or circumstance is invalid, illegal or unenforceable to any extent, the remainder of the Contract documents and their application will not be affected and are enforceable to the fullest extent permitted by law. 44. SUCCESSORS AND ASSIGNS No right or interest covered by this Contract shall be assigned in whole or in part without the prior written consent of the City. The Contractor and the City agree that the provisions of the Contract documents are binding upon the parties, their employees, agents, heirs and assigns. This Contract extends to and is binding upon the Contractor, its successors and assigns, including any individual, company, partnership or other entity with or into which the Contractor merges, consolidates or is liquidated, or any person, corporation, partnership or other entity to which the Contractor sells its assets. 45. TERMINATION Termination for Convenience: City reserves the right to terminate this Contract or any part hereof for its sole convenience with thirty (30) days written notice. In the event of such termination, Contractor shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and Subcontractors to cease such work. Contractor shall be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work performed prior to the notice of termination, plus actual direct costs resulting from termination. Contractor shall not be paid for any work done after receipt of the notice of termination, nor for any costs incurred by Contractor's suppliers or Subcontractors which Contractor could reasonably have avoided. Contractor shall not unreasonably anticipate the requirements of this Contract. Cancellation for Cause: City may also terminate this Contract or any part hereof with seven (7) days' notice for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any of the terms and conditions of this Contract. Late deliveries, deliveries of products which are defective or do not conform to this Contract, unsatisfactory performance as judged by the Contract Administrator, and failure to provide City, upon request, with adequate assurances of future performance shall all be causes allowing City to terminate this Contract for cause. In the event of termination for cause, City shall not be liable to Contractor for any amount, and Contractor shall be liable to City for any and all damages sustained by reason of the default which gave rise to the termination. If it should be determined that City has improperly terminated this Contract for default, such termination may be deemed a termination for convenience. In the event Contractor is in violation of any Federal, State, County or City law, regulation or ordinance, the City may terminate this Contract immediately upon giving notice to the Contractor. 29 Revised 12/16/14 - Doc #8232885-v33 GENERAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP #15RP022 r 1 , 46. TESTING OF MATERIALS When required in the course of any service or Contract, the procedures and methods used to sample and test material, will be determined by the City. Unless otherwise specified, samples and tests will be made in compliance with the following: The City of Scottsdale Minimum Sampling Frequency Guide, The City of Scottsdale Material Testing Manual and the standard methods of AASHTO or ASTM, DSPM and MAG supplements. The City will provide a pre -qualified City or Independent Testing Laboratory and will pay directly for initial City Acceptance Testing. When the first and subsequent tests indicate noncompliance with the specifications, the cost associated with that noncompliance will be paid for by the Contractor. When the first and subsequent tests indicate noncompliance with the specifications, all retesting will be performed by the same testing agency. Rejected materials shall be immediately removed and shall not be used in any form for any other part of the work. 47. TIME IS OF THE ESSENCE The City and the Contractor mutually agree that time is of the essence with respect to the dates and times contained in the Contract documents. 48. WARRANTY Contractor expressly warrants that all goods or services furnished under this agreement shall conform to all specifications and appropriate standards, will be new, and will be free from defects in material or workmanship. Contractor warrants that all such goods or services will conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled. Contractor warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of that kind are normally used. If Contractor knows or has reason to know, the particular purpose for which City intends to use the goods or services, Contractor warrants that such goods or services will be fit for such particular purpose. Contractor warrants that goods or services furnished will conform in all respect to samples. Inspection, test, acceptance of use of the goods or services furnished hereunder shall not affect the Contractor's obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Contractor's warranty shall run to City, its successors, and assigns. Contractor agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty promptly, without expense to City, when notified of such nonconformity by City, provided City elects to provide Contractor with the opportunity to do so. In the event of failure of Contractor to correct defects in or replace nonconforming goods or services promptly, City, after reasonable notice to Contractor, may make such corrections or replace such goods and services and charge Contractor for the cost incurred by City in doing so. Contractor recognizes that City's requirements may require immediate repairs or reworking of defective goods, without notice to the Contractor. In such event, Contractor shall reimburse City for the costs, delays, or other damages which City has incurred. 30 Revised 12/16/14 - Doc #8232885-v33 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE u . RFP #16RP022 ACCEPTABILITY OF INSURERS Without limiting any obligations or liabilities of the CONTRACTOR, the CONTRACTOR must purchase and maintain, at its own expense, the required minimum insurance with duly licensed or approved non -admitted insurers in the State of Arizona with an A.M. Best rating of not less than B++6 with policies and forms satisfactory to City. Failure to maintain insurance as required may result in termination of this Contract at the City's option. 2. ACCEPTANCE/ AGREEMENT Contractor shall act under the authority and approval of the Contract Administrator for the City, further named herein, to provide the services required by this Contract. Any Contract/Agreement made pursuant to this solicitation must be accepted in writing by the Offeror. If for any reason the Offeror should fail to accept in writing, any conduct by Offeror which recognizes the existence of a Contract/Agreement pertaining to the subject matter hereof shall constitute acceptance by Offeror of the Contract/Agreement and all of its terms and conditions. Any terms proposed in Offeror's acceptance of City's Contract which adds to, varies from or conflicts with the terms herein are hereby objected to. Any such proposed terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the Contract/Agreement between the parties and may hereafter be modified only by written instrument executed by the authorized representatives of both parties. 3. ADDITIONAL LOCATIONS The City of Scottsdale reserves the right to add or subtract to this Contract as the need arises due to changes in the amount of buildings. In the event the City needs to add to this Contract, the pricing for any additions to services shall be applied per the applicable Contract unit costs. Any additions or subtractions to the Contract shall be done via a written change order and be a MINIMUM of thirty (30) days prior to the changes taking effect. 4. CITYASSURANCE The Contract Administrator shall report to the Contractor in writing, via email, or other written documentation, all deficiencies in the quality of performance of the maintenance service. All communication, written or verbal, between the City of Scottsdale and the Contractor will be in English. All deficiencies in the performance of the Contractor's service shall be corrected by the Contractor as directed by the Contract Administrator. The Contract Administrator shall on an ongoing basis monitor and review the performance of the Contractor and employees. The outcomes of this oversight shall have a direct bearing on the opportunity to negotiate a renewal of the contract, when applicable. 31 Revised 03/02/2015 — Doc #10626785-v7 I' MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS 5. 6. ELECTRICAL MAINTENANCE RFP # 15RP022 CITY OBSERVED HOLIDAYS City holiday time frame to be 6:00 P.M. the eve of the holiday until 6:00 A.M. on the day after the holiday. City Holidays Include: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day (plus Day after Thanksgiving), Christmas Day. New Year's Day January 1st (or Friday before or Monday after) Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th (or Friday before or Monday after) Labor Day 1 st Monday in September Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Day December 25th (or Friday before or Monday after) CITY'S SERVICES AND RESPONSIBILITIES A. Duty to Cooperate The City will, throughout the performance of the Work, cooperate with the Contractor and perform its responsibilities, obligations and services in a timely manner to facilitate the Contractor's timely and efficient performance of the Work and so as not to delay or interfere with the Contractor's performance of its obligations under the Contract Documents. B. Contract Administrator The Contract Administrator is responsible for providing City -supplied information and approvals in a timely manner to permit the Contractor to fulfill its obligations under the Contract Documents. C. City's Separate Contractors The City is responsible for all Work performed on the Project or at the Site by separate Contractors under the City's control. The City will contractually require its separate Contractors to cooperate with, and coordinate their activities, so as not to interfere with the Contractor, in order to enable timely completion of Work consistent with the Contract Documents. 32 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITION ELECTRICAL MAINTENANCE r•y, RFP # 15RP022 6. CITY'S SERVICES AND RESPONSIBILITIES — CONT'D D. Project Management Services The City may contract separately with one or more Technical Consultants to provide project management assistance to the Project. The City may contract with the Technical Consultant to provide some or all of the following services during the performance of the project: Oversight of the Project. The City may hire Technical Consultants to assist it in oversight of the Project. The Technical Consultants will: a. Conduct Site visits at intervals appropriate to the stage of the project to become generally familiar with the progress and quality of the completed project and to determine in general if the project is being performed in accordance with the Project Documents. The Technical Consultant will keep the City informed of progress of the project and will endeavor to guard the City against defects and deficiencies in the project. The Technical Consultant may have authority to reject the project which does not conform to the Project Documents and to require additional inspection or testing of the project in accordance with Sections 15 and 16; b. Review and recommend approval of the Contractor's Payment Requests; C. Interpret matters concerning performance under and requirements of the Contract Documents on written request of the City. The Technical Consultant's response to these requests will be made with reasonable promptness and within any time limits agreed upon; d. Analyze, recommend and assist in negotiations of Change Orders; e. Conduct inspections to determine Substantial Completion and Final Acceptance; 7. CLAIMS AND DISPUTES Requests for Contract Ad'ustrnents and Relief A. If either the CONTRACTOR or the City believes that it is entitled to relief against the other for any event arising out of or related to the Work, that party will provide written notice to the other party of the basis for its claim for relief. B. That notice will, if possible, be made before incurring any cost or expense and in accordance with any specific notice requirements contained in applicable Articles of the Contract. C. In the absence of any specific notice requirement, written notice will be given within a reasonable time, not to exceed 10 days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. D. Notice must include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of the request. 33 Revised 03/02/2015 — Doc #10626785-v7 7. 8. 9. MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ` ELECTRICAL MAINTENANCE b RFP # 15RP022 CLAIMS AND DISPUTES — CONT'D Requests for Contract Adjustments and Relief Cont'dl E. If either the CONTRACTOR or the City believes that it is entitled to relief against the other for any event arising out of or related to the Work, that party will provide written notice to the other party of the basis for its claim for relief. F. That notice will, if possible, be made before incurring any cost or expense and in accordance with any specific notice requirements contained in applicable Articles of the Contract. G. In the absence of any specific notice requirement, written notice will be given within a reasonable time, not to exceed 10 days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. H. Notice must include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of the request. CLEAN UP If applicable, after all work under the contract is completed, the Contractor shall remove all loose concrete, lumber, wire, reinforcing, debris and other materials not incorporated in the work from the site of the work. CONTRACTOR SAFETY PROGRAM If applicable, the industrial environment in which the Contractor for the City of Scottsdale operates may on occasion present a potential safety and health hazard to any who may be on the job site. All work shall be performed in compliance with all applicable federal, state and local laws, ordinances, statutes, rules and regulations including ADOSH policies and procedures. The Contractor may be required to attend a City safety briefing session prior to the Notice to Proceed. The session shall be attended by the Contract Administrator, the designated Risk Management staff, and a Contractor's representative. 34 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 16RP022 9. CONTRACTOR SAFETY PROGRAM — CONT'D Contractor shall provide a current OSHA 300A report as requested, if applicable to the project. Contractor shall provide a safe jobsite and work environment for the safety and health of employees and members of the general public and shall comply with all legal requirements, including but not limited to the following: • Occupational Safety and Health Act (OSHA) Electrical Safe Work Practices Standards • OSHA Personal Protective Equipment Standards • NFPA 70E Standard for Electrical Safety in the Workplace • OSHA Fall Protection Standards • OSHA Confined Space Entry All other applicable requirements of OSHA and local codes and agencies having jurisdiction. Contractors that violate aforementioned rules and regulations may be subject to job shutdown and or removal from City facilities. City Safety Rules and Expectations Risk Management Division makes available a packet which contains the City's OSHA compliance guidelines, emergency evacuation, the City's safety and health plan, and other safety information. Accidentriniury Procedure Contractor shall contact the Contract Administrator for incidents that occurs on site that requires medical attention. Unsafe Acts Contractor employees are encouraged to abate or remedy any unsafe act or condition which may arise in the course of Contractor's work under this contract. Safety Audits The City reserves the right to conduct safety audits at the job site and stop unsafe acts at any time. In addition, the City shall be notified should any OSHA inspection occur at a City job site. 10. CONTRACTOR'S DAILY LOG The Contractor shall prepare a Contractor's Daily Report, if applicable, as requested by the City's Contract Administrator. The City Public Works Inspector will provide a sample report format for the Contractor. The report shall detail the activities that took place during the course of the day, all equipment utilized and the number of hours operated and all personnel on the site inclusive of Subcontractors. The Daily Reports shall be submitted on a daily basis, unless otherwise arranged, to the City Public Works Inspector. The Daily Reports shall also be made available to the Contract Administrator upon request. Failure to provide Daily Reports as arranged or requested above will result in the retention of monthly progress payments until the Reports are brought up to date. 35 Revised 03/02/2015 —Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 16RP022 11. CONTRACTOR'S EMPLOYEES' IDENTIFICATION AND WORK APPAREL All Contractor employees performing work under the scope of this contract shall wear conservative style uniform shirts that will have sewn on or embossed identification labels of the Contractors company name, and/or, logo, and will appear on the front area of the shirt near chest height of the shirt. Shirts may also have company name or logo appear on the backside of the shirt. Contract Administrator will approve proper identification on uniforms during the life of the contract. Contractor shall provide employees with identification nametags to include name and picture of the employee and Contractor's company name and applicable logo. Employee will wear the nametag in plain view on his person at all times while performing the work under the scope of the contract. All employees shall have the supervisor's business cards available. In addition the 'lead person' of each crew shall wear a badge clearly identifying the position of crew leader. Contractor's employees shall wear uniform style slacks, "Levi" type slacks, or Bermuda type shorts. If shorts are worn they shall be of Bermuda style length (cut just above the knee). Cut- offs and short -shorts are not acceptable wearing apparel. Outlandish styles, patterns, hats, colors of wearing apparel, verbiage imprinted on apparel, etc. worn by the Contract Employee that may promote negativity in the work place, or advertise any product other than the Contractor's company name and/or logo will not be allowed. Sandals, flip-flops, open -toed shoes are not acceptable footwear. The Contract Administrator shall be the sole determinant of the appropriateness of all work apparel. It shall be the Contractor's responsibility to make sure all employees performing any work at any location under the scope of this contract, are furnished and use the proper Personal Protective Equipment (PPE) based on the type of work the employee is doing and the type of hazard the employee may encounter or be exposed to. Walkman type radios or any apparatus, which may impede hearing or sight, will not be allowed. Earplugs and/or safety glasses are exempt. The Contract Administrator shall be the sole determinant of the appropriateness of all work apparel. The Contractor shall instruct all employees, in advance, as to what to do in a medical emergency. If an injury to an employee is of sufficient nature to warrant immediate professional medical attention, the employee shall seek out proper medical attention immediately. The employee shall notify the on -duty lead person (or supervisor) of any personal injury, including minor cuts, scrapes or burns. The on -duty lead person shall immediately notify the Contract Administrator of such injuries. 36 Revised 03/02/2015 —Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 12. CONTROL OF THE WORK SITE A. Damage to Property at the Site. The Contractor is responsible for any damage or loss to property at the Site, except to the extent caused by the acts or omissions of the City or its representatives, employees or agents and not covered by insurance. The costs and expenses incurred by the Contractor under this Article will be paid as a Cost of the Work to the extent that the costs and expenses are in excess of or are not covered by required insurance, and to the extent of any deductibles, but will not increase the Contract amount. B. Damage to Property of Others. The Contractor will avoid damage, as a result of the Contractor's operations, to existing sidewalks, curbs, streets, alleys, pavements, utilities, adjacent property, the work of Separate Contractors and the property of the City. The Contractor will repair any damage caused by the operations of the Contractor, which costs will be paid as a Cost of the Work to the extent that these costs and expenses are in excess of or are not covered by required insurance, and to the extent of any deductible, but will not increase the Contract amount. C. Failure of Contractor to Repair Damage. If the Contractor fails to commence the repair of damage to property as required in paragraphs (I.) and (J.) above, and diligently pursue the repair, then the City, after 10 days written notice to the Contractor and acknowledgment of receipt (provided the Contractor has not commenced the repair during the 10 day period), may elect to repair the damages with its own forces and to deduct from payments due or to become due to the Contractor amounts paid or incurred by the City in correcting the damage. 13. COOPERATION AND FURTHER DOCUMENTATION The Contractor agrees to provide the documents, as the City will reasonably request to implement the intent of the Contract Documents. 14. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that no person other than a bona fide employee working solely for the Contractor has been employed or retained to solicit or secure this Contract or any Contract or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this covenant, the City will have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, together with costs and attorney's fees. 15. DAMAGED WATER, SEWER, AND OTHER UTILITIES Any utilities damaged during the course of the project shall be replaced at the Contractor's expense as per the requirements of the M.A.G. Standard Specifications. 37 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND COIY"""""" ELECTRICAL MAINTENANCE RFP # 15RP022 16. DISPUTE AVOIDANCE AND RESOLUTION A. The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, the Contractor and the City each commit to resolving any disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. B. The Contractor and the City will first attempt to resolve disputes or disagreements at the field level through discussions between the Contractor's Representative and the Contract Administrator. C. The City has the option of requiring that the Contractor provide the disputed work by means of time and materials. The disputed work will be paid for according to daily submittals from the Contractor that has been accepted by the City. Wage and materials rates are to be established for involved trades and equipment before the start of the work. 17. DUMPING AND DISPOSAL OF WASTE The Contractor is responsible for the cost to dispose of all waste products including excess earth material which will not be incorporated into the work under this contract. The waste product referred to herein shall become the property of the Contractor. The Contractor shall provide for the disposal at a legal off-site location for all waste products, debris, etc., and shall make necessary arrangements for such disposal. Any disposal/dumping of waste products or unused materials shall conform to applicable Federal, State and Local Regulations. It is preferred that the City of Scottsdale's Solid Waste Division be considered as first choice for dumpster services. Contact Solid Waste at 480-312-5600 for pricing, availability and agreements. 18. EXISTING UTILITIES TO BE RELOCATED If any utility is relocated or rebuilt to accommodate the Contractor's, the expense shall be borne by the Contractor. 19. FINAL ACCEPTANCE Upon receipt of written notice that the work or identified portions of the work are ready for final inspection and acceptance, the City and the Contractor will jointly inspect to verify that the remaining items of work have been completed as described above. 38 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 16RP022 20. GOVERNMENT APPROVALS AND PERMITS If applicable, the Contractor is responsible for securing any applicable permits and payment of any applicable taxes and fees associated with the Contract. Fees for City Building Permits and City Encroachment Permits will be waived by the City. All other fees and licenses are your responsibility. a) Scottsdale Revised Code, Chapter 31, Section 4, Division 3 prescribes the requirements for Building Permits. Permits must be obtained from the Development Services Office. b) Scottsdale Revised Code, Chapter 47, Section 3, Division 2 prescribes the requirements for Encroachment Permits. Permits must be obtained from the Development Services Office. c) If applicable, Capital Project Management (CPM) Inspection must be notified before the beginning of work, and CPM Inspection will represent the City for the purpose of inspecting the work for conformance to Plans, Specifications and details as well as public safety requirements as authorized by City Code. d) Development Fees applicable to the Contract will be pre -paid by the City and need not be included in your bid. As applicable, or unless otherwise provided, the Contractor will make application for and obtain or assist the City and the Design Team in obtaining all necessary permits, approvals and licenses required for the prosecution of the work from any government or quasi -government entity having jurisdiction over the Project. The Contractor is specifically required to obtain the necessary environmental permits or file the necessary environmental notices. Any environmental permits and licenses will be paid by the City in accordance with the provisions of Maintenance/Service/Repair Special Terms and Conditions. Copies of all necessary permits and notices must be provided to the Contract Administrator before starting the permitted activity. This provision is not an assumption by the City of an obligation of any kind for violation of the permit or notice requirements. The Contractor is responsible for making application for and obtaining permit(s) for building and demolition, but the fees will be paid by the City in accordance with Maintenance/Service/Repair Special Terms and Conditions. The Contractor will also obtain any reviews for all necessary permitting, but the fees for the permitting will be paid by the City in accordance with Maintenance/Service/Repair Special Terms and Conditions. The Contractor is responsible for all other review and permit fees not specifically listed in Maintenance/Service/Repair Special Terms and Conditions. The Contractor is responsible for the cost of project -related water meter(s), water and sewer taps, fire lines and taps, and all water bills on the Project meters until Substantial Completion of the Project. Arrangement for project water is the Contractor's responsibility. Project water does not include "test water" required to complete new water line pressure tests. 39 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 21. GUARANTEE - WARRANTY The provisions of M.A.G., Section 108.8 shall apply with the following additional requirements: A. Should the Contractor fail to begin repairs or corrective work within fourteen (14) calendar days after receipt of written notice from the City, the City may perform the necessary work and the Contractor hereby agrees to reimburse the City for the actual cost. B. The warranty period on any part of the work so repaired or replaced shall be extended for a period of twelve (12) months from the date of such repair or replacement. C. This guarantee will not apply to damage caused by normal wear and tear or by acts beyond the Contractor's control. 22. HOURS OF WORK Non -Building Praiect Work: All non -building project work and associated Work will not commence until one-half hour before sunrise nor continue after sundown. The record of the National Weather Service will be used to determine the official time of these occurrences. Project activity will include any Work requiring the use of manually operated or power assisted tools or equipment and vehicles used to excavate, erect or deliver materials associated with the project. The building official or building inspection manager may upon written request grant a variance from these times if just cause can be shown that Work must be done outside the prescribed time period. Buildina Proiect Work. if Applicable A. All building project work and associated work will be restricted to the applicable summer or winter hours. Building Project work activity will include any work requiring the use of manually operated or power assisted tools or equipment and vehicles used to excavate, erect or deliver materials associated with the project. Summer hours begin April 1 and end on October 31. No work may begin before 6:00 a.m. or continue after 7:00 p.m., Monday through Friday. No work will begin on Saturday or Sunday before 7:00 a.m. or continue after 7:00 p.m. Sunday work may be conducted only if the CMAR demonstrates, in writing to the building official, justifiable cause for the Sunday work. B. Winter hours begin November 1 and end on March 31. No work will begin before 7:00 a.m. or continue after 5:00 p.m., Monday through Friday. No work may begin on Saturday or Sunday before 8:00 a.m. or continue after 5:00 p.m. Sunday work may be conducted only if the CMAR demonstrates, in writing to the building official, justifiable cause for the Sunday work. C. The City may establish other times of work as necessary based on the geographical location of the jobsite in relation to surrounding occupancies, buildings and structures. 40 Revised 03/02/2015 — Doc #10626765-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS T ELECTRICAL MAINTENANCE RFP # 15RP022 j 22. HOURS OF WORK— CONT'D Buildina Project Work, if Applicable — Cont'd D. The Contractor must submit a written request to the Building Official for a variance from the required work hours at least 7 days before the date for which the variance is desired. Variances will not be granted for more than 30 days at a time. A new application must be made for each additional variance. The Contractor must notify adjacent property owners of the intended work and the duration of the requested variance. Proof of notification must be presented to the building official before the variance can be granted. 1. The application for the variance must demonstrate justifiable cause why the work must be done outside the prescribed time period (e.g. pouring concrete during "summer hours"). A variance will not be granted based solely on convenience or for work that can be completed during daytime building project work hours. 2. The application for a variance must state the permit number, the address of the work, type of work, time period of the work, and the duration of the variance. The variance will state the permit number, address, type of Work, time period of the Work and the duration of the variance. The party requesting the variance will be responsible for notifying the adjacent property owners of the intended Work and the duration of time. Nothing contained in this Contract will limit building project work activity or building project work related noises between sunrise and sundown. 23. INDEPENDENT CONTRACTOR The Contractor is and will be an independent Contractor and not an employee or agent of the City. 24. INSPECTION A. Inspectors may be stationed on the work to report to the Contract Administrator or his Designee as to the progress of the work, the manner in which it is being performed, and also to report whenever it appears that material furnished or work performed by the Contractor fails to fulfill the requirements of the specifications and contract. The Inspector may direct the attention of the Contractor to such failure or infringement but such inspection shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed project that is satisfactory in every particular. B. In case of any dispute arising between the Inspector and the Contractor as to material furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question and issue can be referred to and decided by the City. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of the specifications. Inspectors shall in no case act as foremen or perform other duties for the Contractor or interfere with the management of the work by the Contractor. 41 Revised 03/02/2015 — Doc #10626765-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS 24. 25. 26. P*A 28. ELECTRICAL MAINTENANCE RFP # 15RP022 INSPECTION — CONT'D C. Inspection or supervision by the Contract Administrator or Designee shall not be considered as direct control of the individual workman and his work. The direct control shall be solely the responsibility of the Contractor. INVOICING All invoices submitted for work done under the scope of this Contract MUST BE ITEMIZED. Itemized invoices shall contain a MINIMUM of the following information: Vendor Name Remit to Address Purchase Order Number Invoice Date Invoice Number Date service/work was completed Complete description of work completed Location where service/work was performed Itemized list of all charges (quantity, description, unit pricing per the contract) Tax Amount (if applicable) Total Invoice Amount The Contractor shall submit invoices with all supporting documentation within thirty (30) days after the service/work is completed and approved by the Contract Administrator. LEGAL REQUIREMENTS The Contractor will perform all Work in accordance with all Legal Requirements and will provide all notices applicable to the Work as required by the Legal Requirements. LIQUIDATED DAMAGES The Contractor understands that if Substantial Completion is not attained within the Contract Time as adjusted, the City will suffer damages, which are difficult to determine and accurately specify. The Contractor agrees that if Substantial Completion is not attained within the Contract Time as adjusted, the Contractor will pay as liquidated damages the amounts specified in Section 108.9 of the M.A.G. Standard Specifications, incorporated in this Contract by reference. To view and obtain copies of the M.A.G. Standard Specifications and the City of Scottsdale's supplements, please view the following City website: http://www.scottsdaleaz.c ugg MARSHALING YARD Offerors are advised to contact the City of Scottsdale Development Services to determine the requirements for obtaining a permit for marshaling areas they propose to use. 42 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS r ELECTRICAL MAINTENANCE RFP # 16RP022 28. MARSHALING YARD — CONT'D Marshaling areas shall be fenced with opaque slats. The Contractor shall obtain written approval from the property owner for marshaling area use. This approval shall contain any requirements which are a condition of this approval. Marshaling yard requirements according to M.A.G. Subsection 107.6.1 and City of Scottsdale Supplemental Specifications shall apply. 29. MUTUAL OBLIGATIONS The City and the Contractor commit at all times to cooperate fully with each other, and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents. 30. NATIVE PLANTS The Contractor shall take whatever steps, procedures or means necessary to remove, move, displace and save all native plants within the contract work area in accordance with the City of Scottsdale's Ordinance No. 1438, Native Plants, and all applicable state and county statutes, ordinances, codes and other policy requirements and recognized methods, procedures, techniques and equipment for protection, salvage, and handling of all plants to be moved from the project area. This is not a pay item unless specified upon the Bid Form. 31. NOTICE All notices or demands required to be given, in accordance with the terms of this Contract, will be given to the other party in writing, delivered by hand or registered or certified mail, at the addresses stated below, or to any other address the parties may substitute by written notice given in the manner prescribed in this paragraph. Notice given by facsimile or electronic mail will not be considered adequate notice. TO CITY: City of Scottsdale Water Resources Department Contract Administrator 8787 E. Hualapai Drive Scottsdale, Arizona 85255 To CONTRACTOR: COMPANY NAME OWNER NAME/PROJECT MANAGER ADDRESS CITY STATE ZIP 43 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 32. NOTICE OF CANCELLATION Each insurance policy required by the insurance provisions of this Contract must provide the required coverage and must not be suspended, voided, canceled by either party, reduced in coverage or in limits except until after 30 days written notice or 10 days' notice of cancellation for non-payment of premiums has first been given, by certified mail, return receipt requested to: City of Scottsdale Risk Management Office 7447 East Indian School Road, Suite #225 Scottsdale, Arizona 85251 33. OWNERSHIP OF PROJECT DOCUMENTS All documents, including but not limited to notes, records, data compilations, studies, and reports in any format, including but not limited to, written or electronic media, prepared in the performance of this Contract will remain the property of the City and must be delivered to the Contract Administrator before final payment is made to the Consultant. When the work detail covers only the preparation of preliminary reports or documents, there will be no limitations upon the City concerning use of the ideas or recommendations in the reports or documents. The City will release the Consultant from any liability for the preparation and use of preliminary reports or documents. Any use of the project documents for purposes other than intended under this Contract will be at the sole risk of the City, and the Consultant will not be liable for any losses or injuries arising out of that use. 34. PRICE ESCALATION Price increases may only be requested by the Contractor, thirty (30) days prior to the anniversary date of the Agreement. Failure to do so may result in the denial of any increase requested. A requested price increase will become effective only after approval by the Contract Administrator and the Purchasing Director. Once approved the price increase will be adjusted into a new base price for the remainder of the contract period. Any future requested price increases to the base price will only be reviewed at annual renewal time and require the approval of the Contract Administrator and Purchasing Director. Approved price increases will be applied to the unit pricing in the Agreement as a percentage increase. The percentage increase in the unit pricing may not exceed the percent in the U.S. City Average "Consumer Price Index" (C.P.I.) All Items, 1982-84=100 for All Urban Consumers for the Percentage Change from the previous twelve (12) months, as published by the U. S. Department of Labor Bureau of Labor Statistics. 44 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 16RP022 35. PRICING Pricing shall be listed on the Pricing Proposal Form page. Prices quoted by the Offerors shall be applicable during the entire initial term of the Contract. For reasons of clarity all submissions of pricing shall be priced in the same unit (size, volume, quantity, weight, etc.) as requested on the Pricing Proposal Form herein. Offerors failing to comply with this requirement may be declared non-responsive. In the event unit price extension errors are discovered on the Bid Form submitted, the errors will be corrected by the City and the corrected total bid cost shall govern. All charges associated with this Contract MUST be shown on the Pricing Proposal Form returned by the Offeror or other supporting documentation. Any charges not listed on the Pricing Proposal Form or supporting documentation submitted with the Offeror's proposal response shall not be allowed during the Contract period and any applicable extensions. Unit prices quoted herein shall be all inclusive and include all pertinent additional fees normally associated with this type of service. This shall include, but not be limited to, environmental fees, shop supplies, clean-up, transportation, etc. No additional charges beyond the quoted unit price (except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before final invoicing. Contractor shall offer the City the Mark Up / Discount percentage rates % for Equipment, Parts, and Outside service rates, as well as a discount % from the Vaughen's Electric Motor and Pump Repair (VEMR) National Average Price Guide for electric motor repairs (Section 9 Motor Repair Costs). Contractor shall indicate the % percentage discounts on the Pricing Proposal page 71. Unit prices quoted shall be applicable for any quantity ordered by the City of Scottsdale, or differentiated on the Pricing Proposal Form /Bid Form or other supporting documentation. 36. PROJECT METHODS If the City provides the Contractor with a written order to provide adequate maintenance of traffic, clean-up, dust control or to correct deficiencies or damage resulting from abnormal weather conditions, and the Contractor fails to comply in the time frame specified, the City may have work accomplished by other sources at the Contractor's expense. 37. PROJECT PRACTICE All project practices and procedures shall conform to Section 107 of the Contract Work Hours and Safety Standards Act, (US Stat. 96, 40 USC 327) the latest revisions shall prevail. 45 Revised 03/02/2015 —Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # I BRP022 38, PROTECTION OF FINISHED OR PARTIALLY FINISHED WORK The Contractor shall properly guard and protect all finished or partially finished work, and shall be responsible for the same until the entire contract is completed and accepted by the City. Any payment for completed portions of the work shall not release the Contractor from such responsibility, however; he shall turn over the entire work in full accordance with these specifications before final settlement shall be made. In case of suspension of the work for any cause whatever, the Contractor shall be responsible for the project and shall take such precautions as may be necessary to prevent damage to the project and shall erect any necessary temporary structures, signs, or other facilities at no cost to the City. 39. PURCHASING PROCEDURE All orders require a City of Scottsdale purchase order that will be communicated by phone, fax or e-mail. No parts or commodities or work shall be rendered/are to be delivered without the issuance of a City of Scottsdale purchase order. Any invoices received from the Contractor without a City of Scottsdale purchase order number, referenced on the invoice, may remain unpaid. 40. REVIEW OF CONTRACTOR'S WORK Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department may make such reviews and pass upon the acceptability of Contractor's work. Partial acceptance shall not relieve the Contractor of its obligation to correct, without charge, any errors in the work on this project. 41. RIGHTS-OF-WAY The M.A.G. Standard Specification 107.12 shall hereby be modified to read as follows: The Contractor, at his own expense, is responsible for the acquisition of any necessary temporary easements for project purposes, storage and maintenance purposes, which are required in addition to existing easements and/or rights of way secured by the City as indicated upon the plans. 42. SCOPE The scope of work covered by these specifications consists of furnishing all labor, equipment and materials in accordance with "THE INSTRUCTIONS TO BIDDERS", "GENERAL TERMS AND CONDITIONS", "MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS". "SPECIAL PROVISIONS/SPECIFICATIONS", and any "PLANS". 43. SINGLE AWARD The City of Scottsdale reserves the right to award this solicitation as deemed in the best interest of the City. While multiple awards are possible, the preferred procedure is to make a single award as a result of this solicitation process. 46 Revised 03/02/2015 —Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS rEA 45. ELECTRICAL MAINTENANCE RFP # 15RP022 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this solicitation or resulting contract, as accepted by the City and as the solicitation or resulting contract may be amended, the following shall be the Order of Precedence: 1. Signed and Fully Executed Separate Contract or Offer and Acceptance Sheet 2. Special Terms and Conditions of the Solicitation 3. General Terms and Conditions of the Solicitation 4. Special Provisions from City of Scottsdale (by the designer that describes bid items and project specific considerations, e.g., quality control, sequence of activities, submittals and shop drawings). 5. Statement of Scope of Work (SOW)/Specifications/Technical Provisions/Technical Specifications. 6. Plans/Drawings (consisting of the designer's/engineer's drawings/sheets.) 7. Attachments 8. Exhibits 9. Instructions to Bidders 10. Other Documents Referenced or included in the Solicitation or Contract such as, if applicable: a. Technical or Code Requirements or Documents that Govern Construction Materials and Design -ICC, etc. b. City Supplements to MAG Uniform Standard Specifications for Public Construction. c. MAG Standard Specifications for Public Works Construction (unless a Federal Aid project). d. MAG Standard Details. SUBCONSULTANTS AND SUBCONTRACTOR'S INSURANCE Unless the Contractor's Subconsultants and Subcontractors can provide the same level of coverage as detailed in the Minimum Scope and Limits of Insurance provisions, and name the City and the Contractor as Additional Insureds, the Contractor's certificates must include all Subcontractors and Subconsultants as insureds under its policies or the Contractor must maintain separate certificates and endorsements for each Subcontractor and Subconsultant. All coverages for Subcontractors and Subconsultants must be in the amounts as required in the Minimum Scope and Limits of Insurance provisions. Certificates must contain a provision that the insurance will not be canceled or materially altered without at least 30 days advance notice to the City. 47 Revised 03/02/2015 — Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS V ELECTRICAL MAINTENANCE • RFP # 15RP022 46. SUBSTANTIAL COMPLETION Substantial Completion will be for the entire Project unless a partial Substantial Completion is identified and stated in the Notice to Proceed letter. Substantial Completion means when the Work, or when an agreed upon portion of the Work is sufficiently complete so that the City can occupy and use the Project or a portion of it for its intended purposes. This may include, but is not limited to: (a) approval by the City Fire Marshall and local authorities (Certificate of Occupancy); (b) issuance of elevator permit; (c) demonstration to the City that all systems are in place, functional, and displayed to the City or its representative; (d) installation of all materials and equipment; (e) City review and acceptance of all systems; (f) City review and acceptance of draft O&M manuals and record documents; (g) City operation and maintenance training completed; (h) HVAC test and balance completed (provide minimum 30 days before projected substantial completion); (i) completed landscaping and site work; and Q) final cleaning, and (j) any other criteria in the Notice to Proceed. A. Before notifying the City of Substantial Completion, the Contractor must inspect the Work and prepare and submit to the City a comprehensive list of items to be completed or corrected. The Contractor will proceed promptly to complete and correct items on the list. Failure to include an item on the list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. The Contractor will notify the City when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. C. Within 5 days of the City's receipt of the Contractor's notice, the City and the Contractor will jointly inspect the Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. D. If the Work is substantially complete, the City will prepare and issue a Certificate of Substantial Completion that will establish (i) the date of Substantial Completion of the Work or portion of the Work, (ii) the remaining items of Work that have to be completed within 30 calendar days before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents) establishing the City's and the Contractor's responsibility for the Project's security, maintenance, utilities and insurance pending Final Acceptance and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. E. The City, at its option, may use a portion of the Work which has been determined to be substantially complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work, (ii) the Contractor and the City have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project, and (iii) the City and the Contractor agree that the City's use or occupancy will not interfere with the Contractor's completion of the remaining Work. 48 Revised 03/02/2015 —Doc #10626785-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 47. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of project. The Contractor will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The representative shall have full authority to act on behalf of the Contractor and all communications given to the representative shall be as binding as if given to the Contractor. The representative shall be present on the site at all times as required to perform adequate supervision and coordination of the work. Where appropriate all Provisions of M.A.G., Section 105.5, will be applicable. 48. SURVEY STAKES Survey stakes and marks required for the completion of the project shown on the plans and described in the specifications will be furnished by the Contractor, if applicable. 49. SUSPENSION AND TERMINATION City's Right to Stop Work The City may, at its discretion and without cause, order the Contractor in writing to stop and suspend the Work. Immediately after receiving this notice, the Contractor must discontinue advancing the Work specified in this Contract. The suspension may not exceed 180 consecutive days. If the City suspends the Work for 181 consecutive Days or more, the suspension will be a Contract termination for convenience. The Contractor may seek an adjustment of the Contract Price or Contract Time, or both, if its cost or time to perform the Work has been adversely impacted by any suspension or stoppage of the Work by the City. Termination for Convenience A. Upon receipt of written notice to the Contractor, the City has the right to terminate this Contract or abandon any portion of the Project for which services have not been performed by the Contractor. 1. The Contractor will estimate the value of the Work it has completed and submit its appraisal to the City for evaluation. The City will have the right to inspect the Work to appraise the Work completed. The Contractor will receive compensation for services performed to the date of termination as provided in the provisions for Delay and Differing Site Conditions. The fee will be paid in accordance with the Payment provisions of this Contract, and will be an amount mutually agreed upon by the Contractor and the City. If there is no mutual agreement, the final determination will be made in accordance with the Claims and Dispute provisions. 49 Revised 03/02/2015 —Doc #10626765-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 49. SUSPENSION AND TERMINATION— CONT'D Termination for Convenience — Cont'd 2. The Contractor will not be entitled to anticipated profit or anticipated overhead, but is entitled to recover apportioned profit and overhead proportional to the amount of the Work completed. In no event will the fee exceed that stated this Contract or as may be subsequently amended. 3. The City will make the final payment within 60 days after the Contractor has delivered the last of the partially completed items and the final fee has been agreed upon. If the City terminates this Contract in accordance with the provisions of this paragraph and proceeds to construct the Project through its employees, agents or third parties, the City's rights to use the work product will be as provided in the provisions providing for the City's Right to Perform and Cancel for Cause. B. Upon any termination during project services, the Contractor will proceed with the following obligations: 1. Stop Work as specified in the notice. 2. Place no further subcontracts or orders. 3. Terminate all subcontracts to the extent they relate to the Work terminated. 4. Assign to the City all right, title and interest of the Contractor under the subcontracts terminated, in which case the City will have the right to settle or to pay any termination settlement proposal arising out of those terminations. 5. Take any action that may be necessary for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and to which the City has or may acquire an interest. C. The Contractor will submit complete termination inventory schedules no later than 60 days from the date of the notice of termination. D. The City will pay Contractor the following: 1. The direct value of its completed Work and materials supplied as of the date of termination; 2. The reasonable costs and expenses attributable to any termination; and 3. The Contractor will be entitled to profit and overhead on completed Work only, but will not be entitled to anticipated profit or anticipated overhead. If it appears the Contractor would have sustained a loss on the entire Work had the Project been completed, the Contractor will not be allowed profit and the City will reduce the settlement to reflect the indicated rate of loss. E. The Contractor will maintain all records and documents for 3 years after final settlement. These records will be maintained and subject to the auditing provisions. 50 Revised 03/02/2015 —Doc #10626765-v7 MAINTENANCE/SERVICE/REPAIR SPECIAL TERMS AND CONDITIONS ELECTRICAL MAINTENANCE RFP # 15RP022 50. TERM OF AGREEMENT The term of this Contract shall be for a one (1) year period from the effective date of acknowledgment of the Acceptance of Offer/Notice of Award or the administratively awarded (fill in the type of Contract, City Services, etc.) Contract. The City and Contractor may mutually agree to extend this Contract for four (4) additional one (1) year periods, upon the recommendation of the Contract Administrator, concurrence of the Purchasing Director, depending on the Contract. 51. THIRD PARTY BENEFICIARY The Contract Documents will not be construed to give any rights or benefits to anyone other than the City and the Contractor, and all duties and responsibilities undertaken in accordance with the Contract Documents will be for the sole and exclusive benefit of the City and the Contractor and not for the benefit of any other party. 52. TRAFFIC CONTROL A. Complete street closures will not be permitted unless specified in the Special Provisions Section of this bid document. B. Adequate barricades and lighted warning signs shall be installed and maintained by the Contractor throughout the duration of the project. All traffic control shall be in accordance with the City of Phoenix Traffic Control Manual unless otherwise specified in the Special Provisions section of this bid document. C. The City Traffic Engineering Manager shall stipulate the traffic restrictions and/or minimum requirements throughout the project period. D. The Contractor shall submit a project schedule and traffic supplement for "Street Barricading and Channelization" to the City Traffic Engineering Manager for approval and/or modification before the project is initiated. 53. WORKMANSHIP Where not more specifically described, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved and shall include all items of fabrication, construction or installation regularly furnished or required for completion. All work shall be executed by tradesmen skilled in their respective lines of work. When completed, all work shall have been durably and substantially built and shall present a neat, workmanlike appearance. 51 Revised 03/02/2015 — Doc #10626785-v7 SPECIFICATIONS kL MAINTENANCE 022 1.0 GENERAL INFORMATION 1.10 The City of Scottsdale invites sealed submittals to establish a contract to provide full service electrical motor repair and electrical equipment maintenance, including pulling motors at City jobsite, repairing motors at Contractor's shop, and delivering motor back to city facility building control panels, service sections and motor control centers. The services provided under this contract will be provided on an as -needed basis for the Water Resources Department. 1.20 The City of Scottsdale has approximately 240 water -pumping sites, 40 sewer lift stations, 5 treatment facilities, and 5 pump back facilities. The Contractor will provide electrical field technicians to back-up city personnel in maintenance, troubleshooting electrical problems, and installation of equipment at City owned facilities when needed. These facilities contain motors ranging from 3 Horse Power (HP) to 800 HP. Sites utilize both single and three phase power with a voltage range from 110 volts to 4300 volts. Sites also contain all the necessary service entrances, starters, and other controls necessary to operate a water system. It should be noted that over 95% of the sites have motors that are less than 600 volts. 1.30 The City of Scottsdale Water Resources division has its own 12,500 volt distribution system along with transformers, substations. There are several medium voltage generator systems located throughout the water facilities. 1.40 This contract is for maintenance and repairs of electrical equipment for the City of Scottsdale Water Resources Department and will be scheduled according to the workload. There is no guarantee of the amount of work and the workload will vary monthly. 1.50 The Bidder is encouraged to read the Solicitation documents very carefully, as the City shall not be responsible for errors and omissions on the part of the Bidder. The Bidder is also encouraged to carefully review their final submittal documents, as the Evaluation Committee is not required to make interpretations or correct detected errors in calculations. 1.60 Bidder shall familiarize themselves with the nature and extent of the solicitation and contract documents, work to be performed, all local conditions, and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work. 2.0 CONTRACT ADMINISTRATION 2.10 The Contract Administrator shall audit the billings, approve payments, establish delivery schedules, approve addenda to the contract, and generally be responsible for overseeing the execution of the contract. 3.0 GENERAL CONTRACTOR QUALIFICATIONS 3.10 The Contractor shall be in compliance with all applicable Federal, State, Local, ANSI, and O.S.H.A. laws, rules, and regulations and all other applicable regulations for the term of this contract. 52 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 3.0 GENERAL CONTRACTOR QUALIFICATIONS — CONT'D 1 3.20 The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permits required in connection with the completion of the required services herein. 3.30 The Contractor may not subcontract any segment, materials, or services covered herein, without prior approval of the Contract Administrator. All subcontracted services shall be warranted by and be the sole responsibility of the prime Contractor, to ensure fulfillment of all terms and conditions of this contract. 3.40 Bidder's place of business/repair facility MUST be physically located in the Phoenix/Scottsdale, Arizona, metropolitan area. The Contractor MUST have and maintain full time Company representation located in the Phoenix, Arizona metropolitan area, with the ability and authority to address all Contract issues that may develop. 3.50 Bidder shall have been conducting business within the Phoenix/Scottsdale, Arizona, metropolitan area for a MINIMUM of three (3) consecutive years. 3.60 The Offeror shall demonstrate to have sufficient qualified staff, and the necessary equipment to perform the services required under this contract. 3.70 The Offeror shall have an Arizona licensed Electrical PE on staff, to ensure that all regulatory codes are followed. The resulting contract will not include any separate design services. 3.80 The Offeror's repair facility shall be located locally. 4.0 CONTRACT AWARD 4.10 If deemed to be in the City of Scottsdale's best interests, the City reserves the right to award a single contract as a result of the solicitation process. While a single award is possible, the preferred procedure is to have multiple awards. 4.20 The Offeror with the highest ranked proposal will be designated as the Primary Contractor, and the Offeror with the second highest ranked proposal will be designated as the Secondary Contractor. 4.30 It is anticipated (but not guaranteed) that there will be a sufficient volume of work so that both a primary and secondary awardee will be utilized. 4.40 If the Primary Contractor is unable to supply the needed services at the time the City requires, the Secondary Contractor will be given the opportunity to provide the services. 4.40 If in the course of the Contract term, the Primary Ranked Contractor repeatedly provides the City with poor workmanship, broken completion date promises, or fails to timely respond to the City's requests, the City reserves the right to elevate the Secondary Contractor as the Primary Contractor. 53 SPECIFICATIONS ELECTRICAL MAINTENANCE ' RFP #16RP022 5.0 CITY RESPONSIBILITIES 5.10 Motor repairs City Staff will lockout and unwire motors and uncouple prior to Contractor removal. 5.20 City Staff assist and coordinate site shut downs. 6.0 CONTRACTOR RESPONSIBILITIES 6.10 Under the scope of this contract the Contractor's requirements shall include, but are not limited to the following: 6.20 The Contractor shall furnish all labor, materials, and equipment and personnel to perform work as specified in this Solicitation, and in the time frame required by the Contract Administrator. The Contractor shall provide labor, supervision, transportation, and any required licenses applicable for the services needed to successfully perform the services outlined in this solicitation. 6.30 Contractor shall meet or exceed the time frames required. 6.40 Perform all repairs, parts, and services supplied under the scope of this contract in the manner specified. Contractor will have the proper equipment to make repairs and to test for acceptable performance acceptable to current applicable industry standards. 6.50 The Contractor, at a minimum, must have sufficient personnel to provide all services identified in this contract (to include field and shop personnel). Provide repair/service technicians that are certified and/or qualified to perform all services and repairs supplied under the scope of this contract. The Contractor's facility shall be able to perform repairs and testing on motors and related equipment: 6.50.1 Requirements for the Firm: (a) Contractor must be a current member of the Electrical Apparatus Service Organization (EASA). (b) Contractor must be a UL certified shop. (c) Contractor must have current AROC A17 and L11 license. (d) Contractor shall have in place a current OSHA Safety Program (provide a copy with the proposal submittal). At a minimum it shall include: ➢ Electrical Safe Work Practices Standards 29CFR1910.303 through 29CFR1910.334; and ➢ 29CFR1910 "LockOut/Tagout" procedure. NOTE. Contractors working for the City of Scottsdale must adhere to the NFPA 70-E safe work practices. 54 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #16RP022 6.0 CONTRACTOR RESPONSIBILITIES — CONT'D 6.50.2 Personnel Requirements for the Firm: (a) Contractor must have an Arizona licensed Electrical PE (engineer) on staff to ensure that all regulatory codes are followed. (Submit copy of license) 6.50.3 Repair Facility Requirements for the Firm: (a) The Bidder's repair facility shall be located locally. (b) The Offeror shall complete the Bidder's Questionnaire No.2, and indicate if the facility can perform the repairs listed on this form. 6.60 Contractor must be capable of making repairs to submersible sewage pumps ranging from 2 HP to 600 HP. Due the critical need for rapid response time on some occasions and because City staff will visit the Contractor's shop to perform acceptance tests, the Contractors repair facility must be within the Phoenix Metropolitan area. 6.70 Contractor must be capable of making all repairs to motors ranging from 2 HP to 800 HP. The City of Scottsdale windings specification is for 50C rating. 6.80 The Contractor must be capable of meeting all code & regulatory requirements, building, and installing upgrades to existing electrical services, starters, Variable Frequency Drives and control systems from a variety of manufactures (Emerson, Allen Bradly) and other components as necessary for the to continue to deliver the water as required by the system. 6.90 The Contractor must be capable of performing service and repair work to both low and medium voltage gear, Contractor needs to be able to services transformers and switching gear. 6.100 Contractor must have a clear understanding of municipal water and waste water systems, Supervisory Control and Data Acquisition (SCADA) operations, and Remote Telemetry Units (RTU). Contractor must have the ability to design and build RTU control cabinets with Emerson, Allen Bradley PLC system. 6.110 The City will provide the Contractor as much lead-time as possible to start a field job. However, in some instances for emergency repair, the Contractor must respond within two (2) hours. Electric motor repair usually can be completed during normal working hours, but if the City deems it necessary, over time will be authorized and the Contractor must be capable of working overtime until the repairs are completed. 6.120 Contractor will provide training on Toshiba Variable Frequency Drives (VFD) once a year for medium voltage drives and once a year for drives 600V> for up ten employees. This training must be conducted by a trained Toshiba representative with working experience on medium voltage 4160 volt drives. The training on the 600V> must be conducted by a Toshiba trained representative with working field experience. 55 SPECIFICATIONS SAL MAINTENANCE ,P022 7.0 SUPERVISION BY THE CONTRACTOR 7.10 The Contractor will supervise and direct the work. Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent, who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be bound as given to the Contractor. The supervisor shall be present on the site at all times and required to perform adequate supervision and coordination of the work. 8.0 CONTROL REPAIR AND SERVICE 8.10 Contractor shall stock critical parts and materials used by City of Scottsdale control systems. 8.20 Must respond within two (2) hours to emergency calls and be available for emergency services 24 hours a day, 365 days a year. 8.30 Contractor must have sufficient staff on hand to provide 24-hour emergency repair for equipment that is time sensitive. 8.40 After the Contractor responds to the site for the initial assessment the Contractor must have staff and equipment on site within four (4) hours of the initial call to perform the work required. 8.50 Contract must be able to perform radio repair service to insure communications of the SCADA system are maintained. This includes, but is not limited to: radio path surveys, antenna installs and alignments, signal strength readings and radio system trouble shooting. Current radio system includes both license and unlicensed systems that include, but is not limited to GE Digital Energy SD -9, 9760. 9.0 ELECTRIC MOTOR REPAIRS 9.10 Maintain a staff of certified repairmen, for repair of electrical motors in the shop facility. 9.20 All repairs must have a quality control report with each invoice. 9.30 Teardown and testing prior to repair. 9.40 All materials will be Class "H" for rewinding. 9.50 All motors must be Vacuum Pressure Impregnation (VPI) tested to insure core plate insulation and electrical and mechanical requirements. 9.60 All mechanical surfaces will be returned to factory specifications. 9.70 All bearings will be those recommended by the manufacturer with a life expectancy of 100,000 hours. 56 SPECIFICATIONS CTRICAL MAINTENANCE #15RP022 9.0 ELECTRIC MOTOR REPAIRS — CONT'D 9.80 All gaskets and sight glasses will be repaired. 9.90 All rotors balanced to 2/10 of one mil minimum. 9.100 All rotors will be tested for open rotor bars and end rings. 9.110 All rotor shafts will be sonic tested for signs of fractures. 9.120 All parts will be cleaned and primed before assembly. 9.130 Stators will be tested at line voltage and surge tested prior to treatment. 9.140 All laminations must be core tested and a computerized test report supplied to the owner on energy efficient motors. These tests must be performed during the repair process to insure efficiency is NOT affected and a loss over manufacturer specifications does not occur due to the repair. 9.150 Repaired motors will be tested at line voltage, checked for vibration, and NO load current. 9.160 A computerized report will verify horsepower and efficiency of the motor. 9.170 All repaired equipment shall be painted with epoxy paint, with the color specified by the owner. 9.180 Contractor shall have a turn's ratio tester. 9.190 Contractor shall offer the City a % discount from the Vaughen's Electric Motor and Pump Repair (VEMR) National Average Price Guide for electric motor repairs. Contractor shall indicate the % percentage discount on the Pricing Proposal page. 10.0 PREVENTATIVE MAINTENANCE WORK 10.10 Preventative Maintenance (PM) work to be completed by the Contractor will include an Infrared scan of the equipment before PM is started. At the completion of PM another scan will be performed to ensure all hot spots were repaired and new ones haven't developed. PM work will at a minimum include: • Torque of all connections to ANSI/Mfg. standards, • perform High Potential (HIPOT) tests on all transformers and switch gear, • Vacuum cabinets and clean up around the area when completed. • Perform an Infrared scan when the equipment is running when the Contractor arrives at the site. • Prepare a report for the PM'D equipment and note any deficiencies. • PM work will be coordinated with Operations control room • Repairs will be quoted and approved by the City's contract administrator Contractor will follow all NFPA requirements for proper PPE for ARC flash 57 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 10.0 PREVENTATIVE MAINTENANCE WORK— CONT'D 10.20 Preventive Maintenance (PM) will be as needed depending on the workload of the Electrical staff. The estimated work load but not guaranteed is 600-1000 hours per year for PM work. 10.30 Transformer Maintenance: This is the minimum maintenance required, and does not reflect every maintenance procedure. 10.30.1 Maintenance and lines and bus bar inspection (once per year) 10.30.2 Maintenance and inspection of the overpressure valves, Transformer's temperature oil volume, Noise (once per year) 10.30.3 Maintenance and inspection of the bushings 10.30.4 Thermometers (once per year) 10.30.5 Accessory with alarm contacts and/or shut off once per year Verify the operation conditions of the contacts and measure the insulation resistance of the circuit 10.30.6 Cooling fans (once per year) if an anomaly is found 10.30.7 Conservator (once every five years) 10.30.8 Insulation resistance of the winding (once per year), when a sharp change after years of use is noted or when a change in comparison with data registered in previous tests. 10.30.9 Measurement of the tan A, (once in three years), just as the point 5. 10.30.10 Oil's breakdown value (once per year) 10.30.11 Value of acidity of the oil (once per year) 10.30.12 Test of the functioning of the oil (once per year). Check if there is any abnormality noted in the tests of items 5 to the 8.Take two liters of oil and check them according to ASTM D3487. 10.30.13 Filtered insulating oil Check if there is any abnormality noted in the tests of items 5 to the 8. 10.30.14 Inside Components (once every seven years) 11.0 LOCK OUT TAG OUT 11.10 Contractor is responsible for having qualified personnel to properly lock out/tag out electrical and mechanical equipment. Contractor's personnel will be responsible for properly disconnecting and reconnecting electrical and mechanical equipment as required in the completion of work. 12.0 WORKMANSHIP AND MATERIALS 12.10 Workmanship and materials must be acceptable to the Contract Administrator or the designated representative. The Contractor shall furnish the best materials and perform the best workmanship in all projects. If any unsatisfactory materials or non -workmanship methods are detected, the Contract Administrator, or the designated representative, may instruct the Contractor to utilize acceptable materials and/or methods and perform in the manner expected. Failure of the Contract Administrator or the designated representative to instruct the Contractor to perform properly will not relieve the Contractor from his obligations to perform good workmanship practices. 58 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 12.0 WORKMANSHIP AND MATERIALS — CONT'D 12.20 The Contract Administrator or the designated representative may reject any and all work performed by the Contractor and any materials used if, in the opinion of the Water Utilities Technology Supervisor, substandard workmanship has been performed or if materials do not meet specifications or are considered inferior. 13.0 REPLACEMENT PARTS 13.10 The Contractor will supply new parts when rebuilding any equipment for the City of Scottsdale. When new equipment replacement parts are no longer available the Contractor will coordinate with Contract Administrator on how to proceed with the repair. 13.20 The price to be paid to the Contractor by the City for parts used in authorized repairs will be billed at the invoice price multiplied by the "cost plus markup" figure determined by the Contractor's bid to the City. 13.30 The Contractor shall be required to provide pricing of repair parts for specific jobs prior to the City authorizing purchase of the parts from the Contractor. The City reserves the right to purchase, motors, and other related equipment directly from the manufacturer or from other vendors if it is in the City's best interest. 13.40 Any invoices submitted for outside service, and/or materials/parts, shall include copies of the Contractor's invoices for the outside services/parts. All materials must meet all manufacturers' specifications, UL, AWWA, NSF and Hydraulic Institute Standards where applicable. 13.50 The City reserves the right to direct the Contractor as to where to send electrical and mechanical equipment for repairs. 14.0 SAFETY 14.10 The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable federal (including OSHA), state, county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations set forth therein. 15.0 HOURLY RATES 15.10 Regular Hourly Dates All rates listed as hourly will be paid to the Contractor for time on the site only. This contract does not cover reimbursement of travel time. 59 SPECIFICATIONS ELECTRICAL MAINTENANCE •;, /r RFP #15RP022 15.0 HOURLY RATES — CONT'D 15.20 Overtime'Hourt Rates Overtime is defined as working over 8 hour per day, or over forty hours per week. Premium rates (overtime rates) will be paid to the Contractor as a percentage of all hourly rates for Saturdays, Sundays and Holidays / over time, as offered in the space provided on the pricing proposal form. Any work on Saturdays, Sundays or Holidays will require PRIOR approval from the Contract Administrator. 16.0 WORK ESTIMATES, RESPONSE AND COMPLETION TIME 16.10 WORK ESTIMATES Prior to the Contractor performing any repair work, the Contractor will be required to provide the City Contract Administrator a written report including condition of equipment, recommended repairs and cost of repairs. Contractor will be allowed to remove and disassemble the equipment prior to providing the City written estimate. Estimates may be emailed to the Contract Administrator, or designee, or submitted in a format requested by the Contract Administrator. Contractor will be paid for removal, disassembly, and inspection for the estimate creation, even if the City pursues a different repair solution. Estimates shall include the following information: Repair work quote will include the equipment information, equipment location, horse power, frame size, required repair materials, labor hours. Contractor will also include the cost for replacement of the equipment in the repair quote, and any other applicable information along with a detailed estimate that is to include total man hours and type with cost, materials with manufacturer information and part numbers, inspector's name and the Main Point of Contact's information. 16.20 SCHEDULED PROJECTS / NON -EMERGENCY RESPONSE TIME: For scheduled projects, the written estimate will be required within 48 hours after equipment has been removed. Contractor will be required to repair and reinstall equipment within seven (7) working days from approval of the work to be done, based on parts availability. SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 16.0 WORK ESTIMATES, RESPONSE, AND COMPLETION TIME— CONT'D 16.30 EMERGENCY RESPONSE TIME: The City will give the Contractor as much lead time to start a job as possible. However, in a situation that the City deems an emergency, the Contractor must respond immediately. Must have local operational facility with well -staffed and trained technicians capable of responding to emergency repair calls within two (2) hours. Contractor shall be available for emergency services 24 hours a day, 365 days a year. Contractor must be on site within two (2) hours to provide a general assessment of the needed repairs. Emergency response time for motor removals at City sites must be within 4 hours after notification. When the city determines this to be an emergency repair the contractor must remove, repair and reinstall the motor within 72 hours 17.0 SITE RESTORATION 17.10 The Contractor shall clean, repair, re -coat and restore all pipe work and equipment, which may become damaged as a result of handling by the Contractor, to match the existing paint and coatings on all above ground facilities. All work shall be cleaned and disinfected in conformance with the minimum requirements of the Maricopa County Department of Environmental Services for potable water facilities. Any damage caused by the Contractor to site perimeter fencing and related structures shall be restored to a pre -construction condition. Site grading including decomposed granite surfacing shall be restored to a pre -construction condition. 18.0 INSPECTION OF WORK 18.10 All work performed by the Contractor will be subject to inspection by the Contract Administrator or the designated representative. The Contract Administrator or the designated representative will be given access to all work in progress at any time. It will not be required that the Contractor be notified of any inspection action. During the course of the repair, the city reserves the right to consult or retain the services of a third party Contractor or engineer to help determine if the repair is made using timely, efficient and correct methods per UL, AWWA, NSF and Hydraulic Institute Standards where applicable. If the determination is made that the methods used are not proper, the city reserves the right to cancel the repair, without charge, or cancel the contract and charge the Contractor for the consultant's time. 61 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 19.0 WARRANTY 19.10 The Awarded Contractor shall provide warranty conditions and coverage provided on equipment furnished with a minimum of one (1) year warranty on all materials and workmanship, in addition to any extended warranty offered by the manufacturer/vendor. 19.20 Contractor warrants that sound engineering and construction principles and practices will be used in the performance of the work; and that Contractor shall apply to the work that degree of skill, care, judgment and supervision necessary to assure that work shall be of the highest quality, with proper workmanship, fit (suitable and sufficient) for the purpose intended and in accordance with the best practices of the trade. 19.30 Contractor further warrants that the work shall fulfill the terms of all special guarantees established by the contract and that the work shall be free from defects due to faulty materials, equipment or workmanship until the expiration of one year from the date of completion and acceptance of the work. 19.40 If in the event of any of the aforesaid warranties are not fulfilled, Contractor guarantees to promptly reimburse the City for its cost in making suitable repairs or replacement or, at the City's option, the Contractor shall promptly make suitable repairs or replacements at Contractor's own expense. 19.50 In either case, the Contractor shall also pay for any resulting damage to other property and work caused by Contractor's breach of any of the aforementioned warranties or guaranties. ALL WARRANTIES SHALL START FROM THE CITY OF SCOTTSDALE IN SERVICE DATE. All warranty items/issues/concerns shall be resolved at no charge to the City of Scottsdale. This shall include, but not be limited to parts, labor, freight, travel, etc. All warranty items/issues/concerns shall be resolved within a time frame determined by the Contract Administrator. The Contractor shall warranty all parts and services provided by a subcontractor just as if supplied directly by the Contractor. 20.0 DELAY OF WORK 20.10 If any work being performed by the Contractor is unnecessarily or unreasonably delayed, Contract Administrator has the option to employ persons, machinery and materials in addition to those being used by the Contractor to complete the work required. The expenses of such actions are to be charged to the Contractor. 21.0 INVOICE 21.10 Contractor will submit invoice with one section with labor hours and rates and second section with all materials cost. All submitted invoice will have supporting documentation to include copy of any purchased materials invoices and a copy of employee job sheet. 62 SPECIFICATIONS ELECTRICAL MAINTENANCE RFP #15RP022 21.0 INVOICE— CONT'D 21.20 The price to be paid to the Contractor by the City for parts used in authorized repairs will be billed at the invoice price multiplied by the "cost plus markup" figure determined by the Contractor's bid to the City. Any invoices submitted in this matter must have copies attached of the Contractor's invoices for the outside services Vendor attached. 63 SUBMITTAL REQUIREMENTS CHECKLIST v'� ELECTRICAL MAINTENANCE rt t"t RFP # 16RP022 NOTICE: Bidders are not required to return a copy of the solicitation and/or any addenda issued by the City of Scottsdale, with your submittal. Please review the submittal requirements below for the list of information to be included with your submittal. It is preferred that all submittals be prepared on 8'/2" X 11" paper and printed on one (1) side only. Foldout pages should be kept to a minimum. Bidders are reminded that the Evaluation Committee's ability to evaluate the proposals is dependent upon the organization, detail and readability of the submittal documents. A clear, complete and adequate response is very important. Please format your response to correspond with the areas listed below in the order they are listed below. The Bidder's submittal should not exceed a MAXIMUM of number 20 pages in length (single sided 8'/2" X 11" paper) and MUST include a MINIMUM of the following items listed below. NOTE: Total page count excludes the following: cover letter, section dividers, table of contents, pre- printed material (City's Signature Page, Firm and Staff Qualification Summary Letter, and Disclosure Forms.), and all required submittal attachments included in the Bidder's proposal. To constitute a valid responsive proposal by the Bidder to this solicitation, the Bidder's submittal MUST include a MINIMUM of the following items: ❑ Proposal Copies — Submit one (1) unbound ORIGINAL and four (4) COPIES of the entire package. ❑ Offer/Acceptance Document (COS Form) — Complete Offer portion of the document, signed in ink. ❑ Firm and Staff Qualification Summary Letter - The summary letter shall illustrate the Bidder's understanding of the objectives of this solicitation, as well as the qualifications, experience, training and other credentials that illustrate the Bidder and employee's abilities to successfully complete the scope of work represented in this solicitation. The Firm and Staff Qualifications document shall include, at a MINIMUM, of the following items: ➢ Bidder's document shall contain a synopsis of the firm's history; including a statement indicating the length of time the Bidder has been doing business in the Phoenix Metropolitan area (shall have a minimum of five consecutive years). ➢ A brief description of your company's primary business. Bidder's document shall contain a comprehensive description of all services that shall be provided. ➢ Bidder's document shall demonstrate previous experience performing work similar to the size and scope of the work identified herein. ➢ The submittal shall also address ALL requirements listed in the General Contractors Qualifications (Scope of Work Section). The information received will be reviewed to determine if your company is responsive to the minimum Contractor Qualifications. If responsive, the proposal will be evaluated in accordance to the Evaluation Criteria. ➢ Offeror's document shall indicate if they possess or comply with the following (See SOW section 6.50.1): 1) Current member of the Electrical Apparatus Service Organization (EASA)? (Provide proof/statement) 2) UL Certified Shop (Provide proof/statement) 3) Current AROC A14 and L11 License (Provide copy) 4) OSHA Safety Program (Provide a copy) 5) NFPA 70E training certificate (Provide Proof) ❑ Local Knowledge — Bidder's proposal shall identify the Bidder's familiarity with the City of Scottsdale local environment, economy, and other local issues pertinent to this project which enhances your qualifications to successfully perform the requested services. 64 Last Updated 10/13/14 — Doc #8232842-v36 SUBMITTAL REQUIREMENTS CHECKLIST — CONT'D prL 7 t tI j'l ELECTRICAL MAINTENANCE RFP # 15RP022 ❑ Exceptions — Bidder shall include all exceptions taken in regards to terms and conditions as specified in this solicitation document, award documents, or attached contracts. All exceptions taken by the Bidder shall be clearly defined and the changes requested clearly identified. Exceptions taken by the Bidder shall be used in the evaluation process. ❑ Warranty Statement — Bidder shall submit a statement of the warranty coverage for all products and labor covered by the scope of this contract. Warranty statement shall include all exclusions and conditions. See Warranty requirements in Section 19.0. ❑ Key Personnel Resume and Qualifications — Offeror's proposal shall include the qualifications of the key personnel that will be involved in projects covered by the scope of this solicitation. ➢ Offeror's document shall contain an organizational chart that identifies key project personnel by name, and title. ➢ Clearly indicate the Project Manager, who will have day-to-day responsibilities for the duration of the contract. Indicate who the AZ licensed Electrical PE is (See SOW 6.50.2). ➢ Resumes of all key project personnel shall be submitted separately at the end of the Offeror's proposal. All resumes shall be limited to one page and include a brief summary of past accomplishment, academic credentials, Professional Certifications, Licenses, etc.). Summarize the qualifications, experience, training and other credentials that illustrate each Team Member's ability to successfully work on this project. ❑ Bidder's Licenses — Bidder shall submit copies of all applicable Contractor Licenses, for the following: ➢ Arizona licensed Electrical PE. ➢ AROC A17 ➢ L11license ❑ Bidders Questionnaire No. 1 — Company Information (COS Form) — Fully completed Company Information. ❑ Bidders Questionnaire No. 2 — E ui ment List COS Form — Fully completed Company Information. Please provide an attachment which details the Contractor owned field equipment and facilities equipment. ❑ Subcontractor List (COS Fora) — Bidder shall provide a complete list of all the anticipated subcontractors the Bidder intends to use to complete the work covered under the scope of this Contract. Bidder shall identify the role envisioned by the subcontractor in the project. Note: if the Bidder does not plan to use any subcontractors, then the Bidder must indicate that in this section. 65 Last Updated 10/13/14 —Doc #8232842-v36 SUBMITTAL REQUIREMENTS CHECKLIST ELECTRICAL MAINTENANCE RFP # 15RP022 [] Reference List — Bidder's proposal shall demonstrate previous experience performing work similar to the size and scope of the work identified herein. Bidder's proposal shall include a MINIMUM of three (3) letters of reference that illustrate this. El General Disclosure Form COS Form — Fully completed General Disclosure Form, signed in ink. El Litigation Disclosure Form (COS Form) — Fully completed Litigation Disclosure Form, signed in ink. E Pricing Proposal Form(s) (COS Form) — Fully completed Pricing Proposal Form(s). NOTE: "Please do not return a copy of the solicitation/addenda(s) with your proposal/submittal. Return only the required documents as referenced on the Submittal Checklist." All submittals are to be completed on the City of Scottsdale (COS) forms without any alterations; failure to do so may result in your submittal being rejected. 66 Last Updated 10/13/14 — Doc #8232842-v36 EVALUATION CRITERIA ELECTRICAL MAINTENANCE RFP # 15RP022 GENERAL After receipt of all proposals, each submittal shall be screened to determine if any shall be deemed non-responsive. Unsigned proposals, incomplete proposals, non-conformance with mandatory requirements, etc., may result in the determination of non-responsive. Subsequent to the initial review, all remaining proposals shall be reviewed by the Proposal Evaluation Committee. PROPOSAL EVALUATION All responsive proposals shall be evaluated by the Proposal Evaluation Committee using the weighting and criteria listed below. The recommendation for contract award will be made to the responsible Bidder whose proposal is determined to be the most advantageous to the City when applying the following criteria and weighting. The following is the weighting of criteria that will be used to review the proposals: Firm and Staff Qualifications, Local Knowledge and Experience Staffing levels 35% Project Approach, Repair Facilities and equipment and contractor owned 30% service vehicles equipment, OSHA Safety Program Exceptions, subcontractors, Warranty 10% Pricing 25% TOTAL 100% The following items may be used by the Proposal Evaluation Committee to evaluate each proposal submitted: 1. Cost factors associated with performing the work required by the contract. 2. Length of time the Bidder will warranty their workmanship and materials. 3. The Bidder's demonstrated experience on similar types of projects, including satisfactory reference checks relating to past work relationships, past performance on projects of similar scope and size, level of knowledge, reliability, flexibility and ability to meet project deadlines. 4. The ability and willingness of the Bidder to meet or exceed the specifications and standards of this solicitation and Bidder's understanding and perceived perception of the scope of work contained herein. 5. The content and quality of the Bidder's proposal and other presentation materials. Each proposal will be reviewed in entirety and assigned a score with respect to each of the criteria. The proposals will be ranked by the evaluation committee according to their total weighted ranking. 67 Last Updated 10/13/14 —Doc #8232842-v36 RevIsed 0411 6113 •- bc+c 9100190O&Y2 OFFER AND ACCEPTANCE City of Scottsdale Purchasing Division +9191 E, San Salvador Dr. i` Scottsdale, AZ 85258 "� Phone: 480-312-5700 — Fax: 480-312-5701 SOLICITATION # ISRP022 SOLICITATION TITLE: I Electrical Maintenance OFFER -- TO THE CITY OF SCOTTSDALE: The undersigned hereby offers and agrees, in accordance with the undersigned's written offer submitted in response to this solicitation, to furnish the material and/or service(s) in compliance with all terms, conditions, specifications, scope of work, and addendums in the solicitation listed above, including written exceptions that are subject to the approval of the City prior to acceptance. The undersigned agrees that the entire solicitation listed above is hereby incorporated by reference as if fully set forth herein. _ The Offeror's signature on this OFFER form certifies that he has read, understands and will comply with all terms, conditions and speciflcatlons stated in all documents constituting the solicitation. The bidder also certifies it is in compliance with the Non Collusion and all Federal and Arizona State Immi ration Laws. OFFER MADE - COMPANY INFORMATION FOR CLARIFICATICLN OF THIS OFFER, CONTACT: Company Name Print d Name !_ ctc:f SC?r1 L y c, 1 ct "'I't � P r Address Title P C7 �i1 AZ 'sCJ3� r� r,'10•�+- - �s C' State Zip Phone 1 -ei 15- C� 0 t 2 ` It ec, �._> l ;', es, ri' c" . tar nature for Offeror Date Fax E Mail 6 rfir CClaw Printad Name and Title of Authorized Signatory Address if different from Company Info Federal Employer Tax ID # or SSN as per W9 Statement Cit y, State, Zip ( if different from Goma pan Info ACCEPTANCE OF OFFER, NOTICE OF CONTRACT AWARD for City of Scottsdale Use Only ) The Contractor's offer is hereby accepted by the City of Scottsdale, The Contractor is now bound to sell the materials and/or service(s) and perform based upon the above solicitation , including all terms; conditions, specifications, scope of work, and addendums contained in the Solicitation, as well as_any written exceptions that have been separately accepted by the City. This contract shall henceforth be referred to as Contract # °ISRP022 The contract consists of the following documents: 1) Solicitation # 15RP02-2 and all addendums (if applicable) as issued by the City; 2) The Contractor's Response to the City's solicitation; 3) This signed offer and acceptance and any other applicable contractual agreements, 4) All written exceptions and/or modifications to the solicitation requirements as agreed to by the City and the Contractor as per attachment , dated The Contractor is hereby cautioned not to commence any billable work or provide any material or service under this contract until the Contractor receives a purchase order document from the City. The Contractor must provide the following checked items within ten ('10) calendar days from the date of this Acceptance of Offer, Notice of Contract Award in order for the City to issue the required Purchase Order: ❑ Payment Bond ❑ Performance Bond, ] Insurance Certificate(s), ER I.R.S. Form W-9/Taxpayer ID No. & Certification, ❑ other documentation as identified. If the Contractor fails to furnish the required documents within the stated ten (10) calendar days they may be considered in default and may be at risk of forfeiture of any applicable Bid Bond posted. All re aired documents are to be sent to the Bid & Contract Spaclalist listed in the solicitation. This document has been approved as to form on the 22"° day of July, 2012 City of Scottsdale, a municipal corporation 19'I'lI by the City Attorney and is on file with the City Clerk. It need not be Offer Accepted and Awarded this day submitted to the City Attorney for approval unless the form document is of JUNE 12015 altered.--. %� Risk Management Issues reviewed and approved as to form APRIL 22 __, 201 i! by City of Scottsdale Rlsk Management Director'" Y `" J.an o D sign e Cesiynee MARGIE VAStor Recom'nended awcsrd approved JSJl�] E 11 . 201•;2 by Clty of Scnitsdale Contract Administrator As Gro of SoattsrJ�sro Purctlsasin Director As RevIsed 0411 6113 •- bc+c 9100190O&Y2 rwn� �lectric C©. Date: 5/20/2015 To whom it may concern: PRECISION ELECTRIC CO., INC. 1822 E. JACKSON ST PHOENIX, AZ. 85034 PHONE# 602-252-5774 RFP 15RP022 El Precision Electric Company, Inc, is pleased to submit our proposal and provide you with our qualifications. Our company was established here in Phoenix in 1946 and has served the valley's municipal, industrial, and agricultural electrical and mechanical needs ever since. Last year after three generations of family ownership, the company was purchased by Industrial Service Solutions based out of Chicago, Illinois. We are now part of a much larger team and are forming new synergies with our sister companies both here in the valley and across this great country. One of our sister companies, Integrated Process Technologies, Inc. is right here in Tempe, AZ and provides us a U/L 508 certified shop and an Electrical Engineer with an Arizona PE stamp. Precision Electric Company operates in three locations here in Arizona, with an EASA shop in Yuma and Phoenix as well as a warehouse and new motor counter sales location in Mesa. We have over 40 talented and experienced industry professionals ready to serve your electric motor repair, pump repair, and both new motor and pump sales needs. Upon review of the bid requirements, there have been many additions to the scope of this RFP that were not included in previous years. Consequently, we must list out the following exceptions as we cannot provide all services outlined: • Section 6.50.1 — We do not possess an AROC A17 license • Section 6.90 — We cannot provide switchgear and transformer maintenance • Section 6.100 — We are unable to perform the SCADA and PLC portion • Section 6.120 —We are not a Toshiba distributor nor do we have the relationship with them to provide the VFD training We are however, a very capable motor repair shop and are the largest General Electric motor distributor in Arizona. We are also a Nidec --- US, WEG, Century, Baldor, Leeson, Marathon, and Fasco distributor with one of the largest inventories of motors in the Southwest. In addition to motor sales we also sell and service Danfoss Drives and WEG. Our field service crews are capable of motor/pump installation, laser alignment, balancing, repair, VFD installation, troubleshooting, and crane service. The following is a list of our current memberships, certifications, and licenses: • EASA Member rD 66 • Electric League of Arizona Member • AROC CR -11 License No. 163921 • AROC L29 License No. 264563 Thank you for your consideration and should you have any questions please do not hesitate to call. Thank you, .a Ray McDannell (602)252-2821 PRECISION ELECTRIC CO., INC. EQUIPMENT (Phoenix Facility - Partial Listing) The following is a list of equipment owned and operated by Precision Electric Co., Inc. used in the Installation, Removal, Transporting, Testing, Repairing and Reconditioning of Motors, Generators, Light Plants, Pumps and Control equipment. INSTALLATION. REMOVAL & TRANSPORTING 1 - 17 Ton Terex Crane wf 70' boom on Freight -Liner Truck 1 — 4 Ton Unic Crane w130' boom on Sterling Truck 1 - 6 Ton Flatbed on Chevrolet Truck 1 -- 1 Ton Flatbed on Dodge Truck 4 314 Ton Service Pickup Trucks (various makes) 6 — 112 Ton Pickup Trucks (various makes) 1 — 10' A -Frame wl 1 Ton Hoist 1 — Rotalign Laser Alignment TESTING 1 - Electrom 12kv Surge Tester & Winding Analyzer w130kv Power Pac 1 - Electrom 5kv Surge Tester & Winding Analyzer 1 - Baker 5kv Surge Tester & Winding Analyzer 1 - Phenix 0 — 7200V AC 1 DC Test Center Mod# MTS 750R-600 complete with Vibration Sensors, Bearing and Stator Temperature Probes 2 - Armature Growlers 1 - 15kVA Lexseco Core Loss Tester (used for smaller stators and rotors) 1 - 40kVA Lexseco Core Loss Tester (used for larger stators and rotors up to 3500HP) 1 - IRD 880 Vibration analyzer 1 — Vibration Analyzer by Dynamic Balancer System 1- 5 Ton Dynamic Research Precision Rotor & Armature Balancer 1 -15 Ton Dynamic Research Precision Rotor & Armature Balancer 1 - Infrared Solutions IR SnapShot Thermoelectric Infrared Imaging Radiometer Camera - Several Fluke and Amprobe Handheld Multi -meters SHOP REPAIR 1 - 20 Ton Overhead Bridge Crane w12 10 Ton Hoists. 1 - 10 Ton Overhead Bridge Crane wl 2 5 Ton Hoists 2 - 5 Ton Overhead Bridge Cranes 1 - 1 Ton Jib Crane 1 - 2 Ton Jib Crane 1 - 7'X 7'X 7' Steelman Bake Oven w/ PLC Oven Temp. Controls 1 - 7'X Tx 7' Steelman Reclamation Oven w/ PLC Temp. Control, Chart Recorder and Flame Suppression System. Permits for ovens issued by Maricopa County Air Quality Control. 1 - Steam Cleaning Pad 1 - Coil Cut-off Machine 3 — Coil Winding Machines (1- Crown 1/3PH, 1 -ACE Mod#3VAS, 1 -ACE Mad#3VA4S Hi -Torg. 1/3PH motorltransformer coil winding machine) 1 - 6' x 7' Imprex VPI System 1 - 6'X 6' Imprex Dip Tank 2 - 24 Bucket Wire Racks in Winding Area 2 - Coil Tension Devices for Form Coils 1 - T & B Hydraulic 14 Ton Lug Crimper 3 - Forklifts 1 Ton —15 Ton 1- 50" Prexto Insulation shear 1 - Turn Pro Horizontal Band Saw 2- Pulley Pullers (1-5Ton, 1-20T) 1- 50Ton Vertical Hydraulic Press 1-200T Vertical Hydraulic Press 4 - Bench Grinders ( 6" — 10") 1 - 8550w Generac Generator 2 - 22" X 100° Cadillac Engine Lathes 1 - 44" X 100" Lion Engine Lathes 1 - 22" X 33" Cadillac Engine Lathe 1 - 12 X 36" Enco Lathe 1 - Bridgeport Vertical Milling Machine 3 - Miller TiG / MiG Welders 1 — 30amp Wire Feed MillerMatic Welder 1 - Miller Plasma Cutter 5 —Oxygen 1 Acetylene Rigs 1 - Pump Shaft Straightening Table 1 - Pump Pit 1 - Phenix Test Panel AC / DC Motor/Pump Testing 1 - Dynameter 1 12 Phase 1 - Crown Variac rr~C151Q[I �I ICCI;�'1C O. PRECISION ELECTRIC CO., INC. 1822 E. JACKSON ST PHOENIX, AZ. 85034 PHONE# 602-252.5774 Employee Training Manual Pages • Emergency Evacuation Plan & Signature Page 3-26 • Company Policies for Facility Safety at all times, Dock Safety, 27-36 Powered Industrial Lift Truck & Training & Certification requirements, Lifting of another person requirements & Standards, Operating Lift Trucks throughout the facility, Fueling Safety & observation and daily Check list safety requirements for any/all lifting equipment. & Signature page, • Precision Electric Near Miss Accident Report, Form, Training & Signature page. 37 • Daily Driver' Vehicle Inspection Report, & Training, & Signature page 38 • Industrial Lifting Equipment Daily Checklist, Training & Signature page 39 • Product Change Request & Notification Form, Training & Signature page 40 • Safety Training for Crane, Chain', & Slings & Signature page, (Certificate will 41-80 Be issued). • HazMat, HazCom, & Right to know Training, SDS usage 'Training, (Certificate 81 will be issued). • Handling & Tracking of all Chemicals, Hazard, ORMD' & non -Hazard' Training 82-92 • Safety Assured Compressed Gas Cylinder Safety Program 92-98 + International Labor Organization, Health & Sarety at Work, Chemicals in the 99-116 Workplace. • Usage of Chemicals by employee' or anyone at Precision Electric Company, Inc., 117 PPE acknowledgement form to include all Supervisors, Managers, Visitors, & Contractors. • Training & Signature Page — lofting Material's i.e. Straps, Sling's & Chain's, etc. 118-120 • Acknowledgement of location on company Shared Drive of Company (SOP) 121 & Signature Page. • Daily Machine Checklist—'training and Signature Page 122-123 • Test Stand — Safety requirements — Acknowledgement & Signature Page 124 • Non -Harassment of any type, Training & Signature Page 125-128 • Hear Protection requirements, Training and Signature Page I29 • Ordering Checking, Tracking of Copper & Copper Scrap Operation Policy & 130-133 Training with Signature Page • Lock -Out & Tag -Out Policy, Process, Procedures & Training & Signature Page 133-141 • Lock -Out & "fag -Out for Machine with more than (1) One Power Source, 133-141 Training and Signature Page, • Lock -Out & Tag -Out Posted per Machine Policy, Training & Signature Page 142 • Precision Electric Company, Inc. Health, Safety & Environmental Policy — 143 Statement & Signature Page. • Drug -Free Workplace Policy, Training & Signature Page 144-147 • Smoke Free Facility Policy, Training & Signature Page 148 • Training Policy, "Caution & Stop Bearers Roped off with Yellow & Red 149-150 Tape" & Signature Page. • Machine Guarding Training and Requirements & Signature Page 151 2 • Training, Usage, Cleaning, Changing of Filers, Schedule for any/all 152-I64 Employee' required to use Respirator's/Supplied Air & Signature. • Use of Air & Air Hoses in the Workplace, Training and Signature Page 165 • Time Keeping Procedure, Training & Signature Page 166 • Vacation Policy & Signature Page 167 • Disciplinary Action Process, Training and Signature Page 168 • Storm Water Preventive Pollution Program & Policy, Training & Signature Page 169-175 • NFPA 70E's Standard for Electrical in the Workplace. Assured Equipment 176-194 Grounding Conductor Program, Assured Electrical Safety Awareness & NFPA 70E Policy & Procedure. • Lock Wiring Program 195-198 • GHS Labeling Requirements. SDS `Training 199-206 • High Voltage ISOLATION & Access Standard 207-223 • Welding Safety 224.241 • ARC Flashing Safety & Policy 242-245 • Usage of Supplied Air Safety 246-248 • Torque Values Requirements 249-253 • Ladder Safety 254-256 • Heat Stress, Heat Stroke 257-261 • Exposure to Lead 262-266 • Manual Lifting Safety 267-273 • (SSE) Short Service Employee 274 • Scaffolds Safety Program 275-288 • Incident investigation & Reporting 289-299 • Process Safety Management f Contractor Responsibilities (PSM) 300-302 • Safety Confined Space 1 permit Confined Space 303-316 • Safety Fatigue Management 317-320 • Safety Process Fire Protection / Extinguishers 321-325 • Process Safety Subcontractor Maintenance Plan 326-328 • Behavior Based Safety Program & Training 329-337 • Safety Program Hand and/or Power Tools 338-343 • Program Developed & Implemented to Reduce Exposures to or Below The 344-347 Permissible Limits to Lead • Rigging Material Handling Program/Training 348 PRICING PROPOSAL FORM ■ ■ . 1. PM service as listed in section 10.0 1000 Hours $ per h100 our $ x'001 ELECTRICAL MAINTENANCE PM service in section 10.0 with two (2) field RFP # 15RP022 $04) $ The Unit Prices listed on the pricing proposal pages shall be all inclusive, and shall include all pertinent fees normally associated with this type of service. This shall include, but not be limited to: labor, materials, overhead, tools/equipment, travel, mobilization, demobilization, clean-up, transportation, environmental fees, etc. No additional charges beyond the quoted unit price (except applicable sales tax) shall be allowed, unless authorized by the Contract Administrator before final invoicing. LABOR RATES In order to be considered for award, Offeror's shall complete all items on the pricing proposal pages ANNUAL HOURLY JOB TITLES ESTIMATE 1 ■ ■ . 1. PM service as listed in section 10.0 1000 Hours $ per h100 our $ x'001 2 PM service in section 10.0 with two (2) field 600 Hours $04) $ technicians per hour I Field Technician 700 Hours $per hour) $ 0o 4, Field Technician with Truck 100 Hours $ r' . 00 per hour $ & 700, 5. Infrared Scan - when requested, when not 1000 Hours $ (e)7,0C) $ arc' art of the PM service per hour 6. Crane truck u to 25 ton with operator p p 1000 Hours $ L- 7'ac per hour $6--_1,0o0 . 7. Field Supervisor 700 Hours $per hour $ tie 60c, 8. Field Supervisor with Truck p 100 Hours $ '70,. Oro per hour $ b(�© 9. ShopTechnician 200 Hours $ &100 per hour $ 1 [}0 10. Specialty technician ( example: VFD 100 Hours $ (�J'00 $ 700 troubleshooting and repair) per hour 11. Machine shop rate 100 Hours $ (- 7, fyo per hour $ a ' 12. Engineer services 9 100 Hours $ 1 5' ���� per hour $ 13 Crane truck 26 ton and above - with 600 Hours $ Itoo $ I)o ace.) operator per hour 0 14, Shop Lead Technician 200 Hours $ 7C"• pX er hour $) TOTAL$(L` , 00 COMPANY NAME: ice'~ . `sic.• [= 1 c•,c '_'-9 ."t_- 69 Last Updated 10113/14 —Doc #8232842-v36 PRICING PROPOSAL FORM - CONT'D ELECTRICAL MAINTENANCE RFP # 16RP022 15. MOTOR REPAIR REBUILD COSTS 16. TRANSFORMER SERVICE 17. TRAINING SERVICES COMPANY NAME: kX e",;"n"k L1,a-t-.c- 70 Last Updated 10113114 — Doc #8232842-v36 PRICING PROPOSAL FORM — CONT'D pp 3''t�5f J ELECTRICAL MAINTENANCE `t RFP # 15RP022 EQUIPMENT/PARTS & OUTSIDE SERVICE RATES (Mark-Up Casts) The City of Scottsdale will reimburse the "Total Mark-Up % Rate" indicated below, for all Materials and Outside Services throughout the term of the contract. • Parts to be fabricated by Contractor shall be quoted before use in repairs for City of Scottsdale. • No markups will be paid on delivery charges for parts shipped to Contractor or for unauthorized outside labor. • Contractor shall provide evidence of purchased price for all repair parts to be marked up. • Contractor shall provide a firm quote for all purchased repair parts and receive a written confirmation from the City before ordering. EXAMPLE: If a bearing is invoiced to your company at $10.00 and your total mark-up percentage rate was 10%, your billing to the City would be $11.00. FORMULA: ($10 x 10% = $11.00). EQUIPMENT PARTS Percentage Materials will be billed at your invoice cost multiplied by your mark-up % A. indicated in this bid. %_% Indicate your mark-up percentage for materials. Outside services include subcontracted work and motor repairs; to will B be billed at your invoice cost multiplied by your mark-up % indicated in _ o /o this bid. 1E Indicate your mark-up percentage for outside services. Vendor shall state discount offered off Vaughen's Electric Motor Repair C. (VEMR) Pricing Guide. Indicate your discount percentage for the list price. 1 OVERTIME RATES RATE If any repair work extends into an overtime pay situation, at what rate D. over the standard hourly rate will the City be charged (i.e., 1-112 times, 2 times, etc.) Indicate the time of the day, and the days of the week which DAYS HOURS will constitute overtime pay charges. (Weekend, Holiday, and After Hours)`r COMPANY NAME: ?(,e C1 S, � C, o�, plc-CA-z'iCJ C_Cwi�Anca-tom , �V.C( �. 71 Last Updated 1 011 3/14 —Doc #8232842-v36 PRICING PROPOSAL FORM — CONT'D ELEC."YRICDAL MAINTENANCE RFP 9-15RP022 **TAXES 1. Do not include any use, or federal excise tax in your bid. The City is exempt from the payment of federal excise tax and will add use tax as applicable. ADDENDA The Bidder !iereby acknowledges that his bid/proposal pricing is based on all of the addenda that were issued by Elie City prior to the opening of this bid/proposal.. NO BID: If no bid please state reason: COMPANY 72 Last Updated 10113114 — Doc #8232842-06 BIDDER QUESTIONNAIRE No. 1 — COMPANY INFORMATION ELECTRICAL MAINTENANCE t. " RFP # 15RP022 COMPANY INFORMATION Company Local Office Physical Address Office Daytime Phone Number Office Fax Number Telephone Ordering Phone Number(s) Company Email Address Company Operating Hours (Monday — Friday) Company Hours (Saturday) NAME OF MAIN CONTACT (assigned to this contract) Office Phone Number of Main Contract Cellular Phone Number of Main Contact Email of Main Contact REPAIR FACILITY INFORMATION Address City, State, Zip Code, Facility Hour(s) Facility Phone Number(s) Signature ..w Printed Name. 2&e '4-'+�ej k)016 Title _GA- L'oC � � > z s-0 SLI 6y'), -a5,_- Xg�j 1 �"C} lv o0` -a Croy. S a-'_a'za1 %C �Lj- C x344 liar P. S--v"z r-+ Company 73 Last Updated 10/13/14 —Doc #8232842-v3E BIDDER QUESTIONNAIRE No. 2 — EQUIPMENT LIST ,s - ELECTRICAL MAINTENANCE RFP # I6RP022 Contractor shall have at a minimum the following equipment to perform repairs and testing on motors and related equipment: 1. 60 KV Hypot 2. Vacuum Pressure Impregnation (VPI) Tank 3. Laser alignment equipment 4. Shop and field balancing equipment capable of balancing up to 800 horse power 5. Computerized Hypot and P.I. Test Equipment 6. Documentation of horsepower and efficiency expected from motor 7. Two on-site staff test people including one registered engineer 8. Circuit Breaker Test Equipment 9. UIL 508 certification 10. 3 Field crews, 2 employees for each crew with 2 company owned crane trucks, with 2 drivers to remove and install repaired motors and equipment 11. 2 Infrared carneras 12. Computerized core loss tester YES M NO ® YES ❑ NO V YES NO YES NO ® YES F] NO ❑ YES NO YES NO YES FV_1 NO YES NO ® YES ❑ NO PV YES F] NO X YES F] NO Provide a list all equipment (not already included above), you intend to use in the performance of this Contract, if applicable. Complete list and description of vehicles to be utilized on the sites. Include vehicle license ,Ece<<'�,�` +vt� 6rAvir 'T-svc(c! `'�� � 1, 4-Z plate numbers., �1�'u'� {t �►n R��r`b �c� , ,�,C�Ci '3 , /M-> � i-� �C, � (a ek;rj. ) -Tcin 01A'il N Truck, ._20) ij z CAYSJ--' 59 P10tea /tFZ j3/44j g5cill Please provide a separate attachment to list the facilities equipment and the contractor owned field equipment. 74 Last Updated 10/13/14— Doc #8232842-v36 REFERENCES ELECTRICAL MAINTENANCE u._ It - RFP # 15RP022 List minimum of three (3) Arizona customers, excluding the City of Scottsdale, for whom your company has provided service(s) of a similar scope as this Request for Proposal, during the past three years. Include the length of any contracts listed. Offerors may make multiple copies of this document as needed. The following questions are asked to enable the evaluation team to assess the qualifications of Offerors under consideration for final award, This information may or may not be a determining factor in award of this solicitation. Company Name: C4 Ei Mf"CCLO Company Address: City/State/Zip: ccuc e 7— 3 i3:a Contact Person: 'T%i Telephone #: (p 3^ T7,A- 5;11 Email: Date of Service: 201 Type of Service Provided:_ittoloc oe2cu � S;Fti &s sic cath Company Flame: b-c� Ai1'o(Isato— Company Address: CiV �C._ �� bjiVN City/State/Zip:-4v ri t '-\ � E'- ,►� Z 3 3 Contact Person: L ipe Vie r Telephone #:_ Email: Date of Service: „2ozs- Type of Service Provided: Qec- ✓kod-or pea,, � S�r1eS_ ��t� �,� � �6-1-t+ C Company Name: �i'CFCJAe'r" �1(k"V—i 'b AA Company Address: )(0c7y ( C-� a,ck e City/State/Zip: . A Z Contact Person: ('_lcta (C � c S �c��t' Telephone #: 4'90- c5 73-_ ggq4_J Email: Date of Service: .2 0 0 Type of Service Provided: (E0, /4o r' V-eQ(k1V <�erIP-S, i)OL'IP f;7'k- d YOUR COMPANY NAME: ��-��i1cy�p , y� 76 Last Updated 10/13/14 — Doc #8232842-v36 BIDDER GENERAL DISCLOSURE FORM ELECTRICAL MAINTENANCE RFP # 15RP022 Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded. Debarment: I Suspension Information — Has the Respondent or any of its principals been debarred or suspended from ccntracting with any public entity? YESNO If "YES", in an attachment to this form identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension. Surety Information — Has the Respondent or any of its principals ever had a bond or surety cancelled or forfeited? YES NO If "YES", in an attachment to this form identify the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture. Bankruptcy Information -- Has the Respondent or any of its principals ever been declared bankrupt or filed for protection from creditors under State or Federal proceeding in the last seven {7} years? YES W NO If "YES", in an attachment to this form identify the date, court, jurisdiction, case number, amount of liabilities and amount of assets. �1(121 _ ) Sri nature a v <0 6t6teo It Prin ed Name Title �""ho hs - Date COMPANY NAME: 1�C`�ci1 E1e ric C' a ht���a✓c, 77 Last Updated 10/13114 — Doc #8232842-v36 BIDDER LITIGATION DISCLOSURE FORM ELECTRICAL MAINTENANCE * t, RFP # 15RP022 Bidder shall respond to each of the questions below by checking the appropriate box and provide supplemental information as needed. Failure to fully and truthfully disclose the information required by this disclosure form may result in the disqualification of your submittal from consideration or termination of the contract, once awarded. Have you or any member of your Firm or Team to be assigned to this contract ever been indicted or convicted of a felony or a misdemeanor involving theft or moral turpitude in the last five (5) years? 0 YES W• Have you or any member of your Firm or Team to be assigned to this contract ever been terminated (for cause or otherwise) from any work being performed for the City of Scottsdale or any other Federal, State or Local Government? YES � NO Have you or any member of your Firm or Team to be assigned to this contract ever been involved in any claim or litigation with the City of Scottsdale or any other Federal, State or Local Government during the last ten (10) years? YES [�;j NO If you answered "YES", to any of the above questions, in an attachment to this form, please indicate the name(s) of the person(s), the nature, and status and/or outcome of the information, indictment, conviction, termination, claim or litigation, as applicable. 2111AI� Signature 4e�e_ Cv LCP 1 Printed Name co Title Date COMPANY NAME. `c k ��of,� �- Ic-�'► (- ( t. ti��ztt�t 70 Last Updated 10/1 M4 Doc - 48232842-u36 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PRECISION ELECTRIC CO., INC. [Work Orders] See following pages (to be attached subsequent to execution). 3024685.1 that is �rj'L Meeting Gate: 8/15/2017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grady E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of an agreement with the Firerock Community Association for the reimbursement of public art funds to be expended on a public art proiect at the entrance of the Firerock development on Shea Boulevard. Applicant: N/A Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: Entrance to Firerock on Shea Boulevard Related Ordinance, Policy or Guiding Principle: Public Art Ordinance Staff Summary (background): As part of its public art obligations for its development of Parcel B in Firerock, earlier this year Toll Brothers contributed $143,555.86 to the town's public art fund. The developer and the community association had planned on the public art funds to be expended on an art feature at the entrance of the Firerock community on Shea Boulevard. This contribution of art funds will be used to offset the town's portion of the proposed $250,000 to $300.000 art feature. The Fountain Hills Public Art Committee has approved the art feature design. In order to protect the town's interests relating to releasing the funds for this public art project, the town attorney drafted a reimbursement agreement between the Town of Fountain Wills and the Firerock Community Association. The agreement limits the town's reimbusement so that the association will be responsible for all construction costs over and above the $143,555.86 contributed by Toll Brothers as well as project management. In addition to outlining a reimbursement schedule, the reimbursement agreement requires the Firerock Community Association to be responsible for water, electricity, and other ongoing maintenance of the art feature, Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): N/A Funding Source: Public Art Fund If Multiple Funds utilized, list here; NIA Budgeted; if No, attach Budget Adjustment Form: Yes Page 1 or 2 Recommendation(s) by Board(s) or Commission(s): The Public Art Committee of the Fountain Hillis Cultural and Civic Association recommend Council approval of the reimbursement agreement. Staff Recommendation(s): Staff recommends approval of the reimbursement agreement. List Attachment(s): Reimbursement Agreement Conceptual Rendering of Proposed Art Feature SUGGESTED MOTION (for counc$I use): MOVE TO APPROVE authorizing the Town Manager to execute a reimbursement agreement with the Firerock Community Association up to a maximum of $143,555.86 in public art funds for an art feature to be located at the entrance of the Firerock development. Prepared by: NA 8/1512017 Director's Approval: A 8/15/2017 Approved: Grady E. M11�Ta Manager 811512017 Page 2 of 2 tabu qw I- TAFWE up 1p wArqwvw REI M BIURSIEMENIT A G REEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FIREROC K C OMMUNIITYI A SSIOC IATION, INC. 'DHIIS REIMBUIRISEMENT AGREEMHNT 111his "Agreearriear.it") :is enitemed into as of May 18, 2017, reatweaen thle Tcawr.i ofIFlounta:in Hills, an Ariacana rr.iunicipal ciorponal ion (the "Town"], and Thle Aiiierockl Ccamrrunily Amoc:iation, Inc., an Arizona non -.profit acarporation (dreg "Association"). Tlhea Town and Assoaiat:ican area reaftarread to heareain inidividual'IN as a "Part)" and collectively as the "Parties." REC THALS A. Tr ea As�aciaiaticin is dr ea iiecord ownear ofIreaal property lcicaated at the intersection of 9heaa Boulevard and Flirenock Country Club Dr'vea in R auntain Hills, Ariacana (the "As�aocaiation Property"; B. In conjunction with acanstructican of a residenitial projecrt ir.i thea Hiiierock aaiea of &auntain Hills, Toll Hrothears was required to consmat public art or makea a contribution to thea Tomin's public art fund (the "Plublia Art Requiiiement"). Aaaording tca tree Towne's Aor.iing Crdinance, dreg Plubl:ia Art Rlequiiiement wa�a nequ:iread tca be mel prior to first certificale of occupancy for the Toll Brolhears projeacat. C. 'Ikall Brothers worked with the Amoc:iation to designs a suitable public art landscape installation to rea aonstructead on thea Associalion Aropearty (the "Art Fleature"). Toll Brcalhems requiiied aeartifiaates of oaaupanay to ba issuad pricer to Thea t:irria thea Arl Peaatune could ba construated, but was still aomrrittead to aontriruting to the Art Fleaturea. Pursuant tca a leattear agreemeant dated Novemr ear _IO, 20:16, the Town permitted Toll Brothers tca meaeat its Public Art Rlequfiemenl by deapositing $143,555.86 (thle "Art Conlribution") with the Town; the a8reaement inc:ludead a comm:ilment by the Town tica hoed thea fun& fbr a reaasonablea peariod cafI time tca allow the Assoaiat:ion the opportunity to detearminie Thea feasibility oflthe Art Realurea. U. Thea Amoc:iationi has worked with Toll Brothers and the Hountain Hials Cultural and Civ:ia Assocaiation Publ:ia Art Corrmitteaea (tHe "'Art Ccamrritteaea") to deasi8n the Art Peaturea ori the Amoc:iation Flropearty; the Art Committea waled unanimously) to approve thea de,,aign. Thea Assoaiat:ion has engaged an anchliteacat and an eng:ineear to prepare the final drawings necaecasary tca initiate fmaa bids and to ol:Win pearrnits for wcark to aommeancae. E. Thea Art Aeature is antic:ipaled to cost between $251(1,00(1 arid 112100,(100. The Assoaiat:ion has agreaed it will be so.1 aly reasponsible fdr tha eantire com of thea Art Feaature (including aal das:ign and engineering costs and all ahlange ordems), minus the Arl C ontribulion. 11his Agreeament :is :inlendead to estabaish thea prcacaeass by whish the Associalion's acasts for the Art Riature wial be partially reimbursed by the Towr, up to thea amount cif Ithe Art C ontribution. 2944819.9 A C RHHMEN T NCW, THEREFORE, in aclnsideralion oflthe foregoing introduction and reaita:ls, which are incorporatad heroin by referencia, the fol:lclwing mutual covenants and conditions, and other good and valuable considerallion, tha receip and ,iufficiiency of which are harebN ackdowleidged, tl e Town and the Association heraby agree as follows: '1. Project Hxacution and Mana emant. V a A,,isocialion will engage a gariera.1 contracllor to wisist in iIta maniagemanil of tte Art Fleatura cor.istruallion and inuflation (the "Project''';. 'Phe Association shall be solely responsible for securing contracts with qualifiaid vandclrs for complete conitluation of 1he Hrclject (the "Plrojeat Cor1racils"). '1I1e Associallion shale prov:ida the Town with fully -executed copied oflthe Project Conllracts not :later 1Ihan '10 dayci altar execution of all Arojeal Contracts. 1.1 0 pen to Aub] i c. Upon comp] eti an of I tha Piro], eat, tha Art ]Heath ra shal ] be cor.itinuousaN open for viewing by the genaral public. 1.3 Maintariance,. Upon complalion of the Aroj eco , de Art Fleatw e shall ba maintalinied at 1Iha sole cost of the Association. 2. Raimbursemanl Proces,% Subjact to tha reimbunsernant provisiclns below, tha As,,iciciation will be soler responsible for payment of all mpanses for de Arojeal. Tha As,,iciciation will t:imialy pay all Projact expensed pursuant to tha Projecrt Contracts and t1an invoica the Town for re:imtursement according to this Agileemanl. The Associalion agrees thail request,ci for re:imit ursement will ba limited to arrlounts paid to tt ird partiais ralatad to construcllion and installlalion of the Art Fleaturei; no amounts stall bei reimbursed to tha Association for its indireal aosts related to the Art Faatune. No more ficiquently thal once par month, tha Assclaiation may sulmiit Arclject draws through fbrms sulstantial.1y s:imiilar to AIA document G702 and/or G7031 relating to tte raimbunsernant balnchmaAls below. Invoices wia] ba accompanied I (i) evidenica of the Association payment, (ii; copiais of tha invoiced that wera paid by 1Ihei Acisociation and which relate only to the Art Aeiature, and prograss pictures clfl tha Projact and/or site inspeations as may ba applicable, and (iii) a notation as to the Project Contract pursuant to which 1I1a work) ]idled in 1I1ei invoica was performed. Invoices shale nco inaluda anticipated, but not yell made, payments. The Town she ] re:imiburse tha Ascioaiat:icln according to the benchmarld schedula below untie the flu:ll amount clfl the Art C ontribution has been paid. C nae verifieid by the Town, :invoices shaa] be paid within -M days. Raimbursemanl of a portion of lha Maximum Reimbursement Amouw may bei requested after achieving ttei fbllclwing banahmaAls: ■ Nal to excead 20% 119128,11 l .16) fbllowing axcavaticln and forming. ■ Nal to exceed 30% (1j4 -`1,0(6.W) following inslal:lation ofl steel, gunita, and rough plumbing. ■ Nal to exceed -�I0% (1914-�I,(166.16); fb:llowing complalion of plumbing, tile, coping and pebble fini,,ih. 2944819.:1 2 ■ Ainal paymeint of thea remaining amount oft 1h1e Arl Contribution (Jmiinus all payments above) upon caomipletican of thea prajeact, including any punch -list iteims, and inspecalion and acceptancie by the 'Hawn. 3. F ligibki Reaimburseam eint Items. llnvoieas preasentead to tt ea Town will lei inclusivea of all Plrojeact ciosts, fountain and pool eaquipment, boulder and rock) outcroppings, features lighting, deasign Riese. civil engineeiring costs, construction costs, and anN appliciablo taxers, but spociifically not :inciluding any costs for neceissiary peirmits or insp actions. Invoiceas presenteid f✓rar raimburseament shall not incilude any costs nealatead to purchases ori installation of landscapes materials; all such materials (Janticipated llo be in eaxcess of 11'_10,(100) shah be purchased and installead at the sole eaxpeansea ofl the Association. The Association may rcqueast wimburseament for mobilization and wanld deapasits. 4. Maximum Reaimburseamient Amount. Ther Art Contribution is the maximiumi amount thea Associalion may reaqueast foci reaimburseamient. All Plrojeacat expenseis in exceass oflthei Ari Contribution shall be paid by the A ssociall i on. _I. Permits and Inspeacations. The Associalion shall tea iiespansiblea fon any and a:ll perm:ils iiequiread for thea Anojecl and fon aomplNing with ala Town :inspections required or requested. Zlt ea Town shall dealerminea if any special Rioject sites inspeacations will be iiequiread and the Association shall taken nesponsibiliq to notify the ideanlifiead person to nequesl these sitea inspactions. 6. Changes Cndeuis. Change oiiders related to the Art Fleaature must ba reaviewead and approved bN the Town. Tl -,e Town shall timely revieaw and rejeacat oii approves all changes ordears. The Town's appiioval shall not be unreasonably dellayed, withhleld or denicad. In the eveanil 1Ihe Town fails to timealy approve or rejeact a changes orders, thea Assocaiation shall have the right to piioceead wilh thea change order "'at its own riskl." If tt es Town nejecals any sucah chlange order, such rejeactican shall be accompaniesd by a writtean statemeanll sipeaciifying and eaxplaining thea Town's reasons fbn rejecting such change widen. Flurthermore, if the Town rejects thea change order, the Associallion shall hlavea tees right, buil not thea obligalion ilo proceead with the change ordear at its own cost and expenses; world realatead to any siucih changes orders shall be in compliance with ail apphaeablea Town codecs and negulalions. 7. Subjecal to Appropriallions. Aunding for this Araject has beaean apprapraated for thea 2016.3017 fiscal year and :is reacaomimendead for Town Council approval in thea 2011-18 fiscal yeaan budget. To the eaxlent thea Plnojeacal iiequiiies additional funding beyond fiscaal yeaan 2(117-2018, it Town is ob:ligatead only to pay its obligatians set forth) in this Agreaeament as may lawfully be madea from funds appriopriatead and budgetead fdr that purpose during the Town's them caurreant fiscal ycaan. 1lha 'fown's obligations under this Agreeameant ane eurreanl eaxpeanses subject to tte "budget law" and the unfetilenied leag:islalive decision of the Town concaerning budgated purposes and appropriation of funds. Should thea Town ealecll not to appropriate and budgert funds to pay its obligations, this Agreaement shall be deeamead terminated at the and of thea then curreanl fiscal yeaar terms for which such funds wenea approprialed and budgeated fon such purposea and thea Town shall be realieavead cif lany subsequent obligation undeaii this Agreaeament. Thlc Parties agiieea that the Town has no obligation or duly of gaod faith to budgeal or appropriate the payment of Town's 294e 819.5 abligat:icins set fbrth iir.i this Agrleeamiear.it in any tudget in any fiscal Now other than the fiscal year in which this Agreaemenit is eaxecutead and deil:ivearead. Thea Town shall bel thea solei .judge and authority :in dealermini:inig the availability of funds for its aNiElations undear this Agrieaement. The 'flown shawl keeap the Association infbrmead as to 1Ihea availability of funds for thl:is Agraemeanil. The abligat:ican of thea 'Ikawni to make any payment pumsuaw to lhis Agileemeanil is not a 8eanearal abligatican or indeabtedness of thea Tawn. Ther Associiation blereaby waivers any and all rights to tiring any claim against titer Town from or relating in any way to the Tawn's tearminatican cif lthis Agreearr ent pursuant 1 o thl:i s Secti on 7. 8. nefau:lll. If eithear Aarly fails to performs any of ligatican, and such Aarly %ils to curve its nonpearforrriancie within Yl days after nuice of nonpearfbrmanaea is g:ivean by then non - defaulting Pare, sucah NAN will be in default (the "Cure Fleriod"). In the eveant cafl such derftiult, the noni-deafaultin8 Flarty may llearminiatea this Agrleemeanil and will have all reamedieas that are available to it at law ar in equity inciluding, without :limitalioni, titer remeady cafl speaaific performance. If the mature of then deafhLllting Aarly's nioniperfonriance :is ,iucih that :il cannot reaasonably bei cured within 30 days, than 1Ihei deafault:ing Harty will have su ah addit:icanal peariods cafl t:imiea as pan of then Curer Aeriod as may bei reasonably neacaeassary under then circiumslances, prav:idead the deafhult:ing party immediallely commeancies to cure its r.ionpearfbrmanaea and theareaaftear dil:igeanlly continues to ci amiplat:ion the cure of its nionpearfcarmiance. Ini no event shall any ,iucih Curer Aeriod oxcieed 60 dads. 9. Not:iaeas and Rleaquests. ArN notice or other camrriun:iciat:ican rlequiread ar pearrnitteid to to g:ivean undeir this Agreeamenl shlala be in writing and shall bei deaeamed llo have been duly given :ifI (:i; dealivered to thea Harty al the address set forth below, (ii] deapositead :in thea U.S. Mail, reigistered or ceartified, reitum reacieipt reaquestead, to the address seat forth below ar (:iii) given to a racogniizead and reputat le overnight dealivery searv:iaea, to thea addiiess set forth) be:lcaw: If to thea Town: Town cif IFountain Hulls 1670_`1 Hast AN eanuea of thea flauntair.is Fountain Hills, Arizona 8520111 Atm: Grady H. Mi:lleii, Town Manager W ith aapy to: GLST ROSENFELD P.L.C. Cno East Washington Streaeat, 9uillea 1600 Phoean:ix, Arizona 35004-2553 Atm: Andrew JI. McC uirea If to thea Asscaciiat:ican: Attn: car al such other address, and to the avenition of such allhear parson or officer as any Harty may designate in writing by noticie duly givein pursuant to this section. Not:icies shall bel deemead receaiveid Iii) when dal:ivearead to thea Harty, (:iii) threaea tusiness days after being placead in thea U.S. Mail, properly addressead, w:ilh suffic:ieanl pastagea or (iii) 1ha ftallow:ing busineass day aftear beain8 2944819.5 4 givean tca a recognizead overrighlt dealivery seriviaea, with thea plerscan giving thea notice flaying all reaquiried chargeas and instrualing the dealivery services to deliver on the follcawing business day. If a copy cifl a nollice is also givan to a Party's counseal or other rec:ipieant, the provisions above governing the dates on wh;iahl a noticae ;is deaeamed to havea been riecaeived by a Party shall meaan and reaftar to thea dates on wh:iah the Party, and nal its aounsal or other reaciplieaw to which a caopyl ofIthe notice may ba want, is deeameac to havea reaeaived thea notiaea. 10. Waiver. No dealay in exerais:ing any) night or reamedy shall caonstitute a waiver thereof, and nca waiver by the Town or thea Assoaiat;icin of thea breach of any covenant of this Agreeamient shall ba construac as a waiver of any preaceding or sucicieed:ing breaah of the samea cm any other covenant or condition cif Ithis Agreaeament. ll. Attorneys' Pees. In thea eaveanl eaithler Early brings any) acation for any relief, deaclaralory or otheriwisea, arising out of this Agreemeant or on acacounl of any broach) or deafault hereoo£ 11.1ea prevailing Early shall bei eantitlead to rieaeaive from 1Ihea other Party reaasonab:lea atlorrerys' Ries and reasonable cosils and wipeanses, catermineac by lhea caourt sitting without a jury, whiah shall ba deeamead tca have accrued an the commenceament of such action and shall be enfo icead whethar or not suahl acticin is plroseaaulled through) judgment. 12. Counterparts. This Agreeament may) bei exeaaulled in twlo or more counterparts, eaah cif) whiah shall be deeamiead an original, but all of which together shall constitutes tinea and the samie instrumeanl. 13. Further Awls. Eaah of the Parlies hereato shall eaxeacute and deliver all suah dcacauments and plearform all such acals as reaasonably nacaemary, frame timea to time, to carry out thea mattearis contemplated by this Agreaeament. '14. Time is of the Esseanaea,. Time is ofl the esseanaea in this Agreeamient with regard to parfcarrr anae under the terms and provisions of this Agreamieant, and any amendmant, mioc ificallion or reavision 111eareof, with riespeat )Ica the acticins and obligations of eaah person bound by the terms hereof 115. Assignment. '➢his Agreaeament may be assignead, in whole or in flare, by thea Association only uplon the prior, writtean approval of thea 'Ilcawn, as evideanaead byl the Town Managear's signalurea thereaon, wh;iahl approval may be withheld by thea Town fear any rieaason. l6. Beneafiits and Burdens. The benefits and burdeans of this Agreeameant shall bel finding upon and shall inura to the Town and Association and thoir reasplealive hleairs, sucaassoris or assigns, as applicaabl e. lel. Entirea A.grieaeament. This Agrp amient aonstitullas thea entiirea Agrieaeament bealweaean the Parties hereato pertaining tca tha subjeco miatter hereacafl A:I11 prior and conteampcaraneaous agreements, representations and understandings of 11.1a Partieas, oral or writtean, area hlerieaby suflerseadad and merged hlerieain. 2944819.5 S. Amendment. No amendment or waiver cafl any provis:ican in this Agriecamient will be binding (i) on thle Town unlcass and umlil iil has bean approved by the Town Council and has beacome effective or (ii) on ]Ihca Aswiciiat:icin unless and unllil it Has bcacan executead by an authorizcad reapreseantati ve. '9. Applicable I1aw; Menua. '1tli:a A €lroarnent shall tea governed by thea laws oft thea State of Arizona and sull portaining to ttis Agraement may be brcaugHt only in caourts :in MarIcaopa County, Arizcana. 20. Severability. Wary provision caflttis Agiieern ant is and will be conslruead to be a scaparate and indeapendent covenant. If any priovision in this Agriecamient or the applicalion of the same is, to any extant, found to be :invalid or uneanfOrceaable, thle riemainder of this Agw ament car the application ofl that provision to ciraumistancaes calhen than those to which) it is invalid car unenfkarcaeablca will not be affected bbl Itlat :inva:lidity or unenfkaraeabil:iq. Eacahl provisican :in 1hi;a Agrecamient will be valid and will be canfbrccad to thle caxtent permitied by law and thea Parlies will negotiate in good faith for such amaendmients oft this Agraement as may ba ncacaessary Ica achlicavca its inlent, notwithlslanding sucah invalidity or uncanforceat iility. 21. Conflict of Inteareast. This Agriecameanl may be canccalled by thle Town pursuant tca AR1Z. REu. STAT. �j 3 8-11l. 22. Rights and Memedicas arca Clumu:lative. Thle tighlts and remed:ieas of thea Parries are caumulative, and llhle exercise by e:itHer Party oft canca or mora oft suchl 6g1lt:a car rcarredies shall not prcacalude tte caxearcaise by it, at thle sarn a timiea or diff6rcanll tarries, of any othleri nights or ra rned:icas fkar the same default or any othcar defdu:ll by thle othleri party. In thea cavcanil shat eithear thea Town or Assoaiat:ican shlall tring or commencae an acalion to enforce thea lerm;a and caonditions cafl tti;a Agrecamient, car llo obtalin damages against tHca othcar parly ani;aing from any breach undcar car violation oft this Agrecamienit, then the prcavailing Aarty shall be er.ititled to and shlall be paid reasonable attorneys' fees and caoun costs thlerefbri. 23. Flair Interpretation. THca Plartie:a havea teaen rapneseanled by caounse:l in the neagcaliation and drafting of this Agrecamieant and Itlis Agreaement sHall be construed according to tte faire truaning of its languagca. Thle ru:lea of acanstruict:ican that ambiguities shall be rcasolved against rhea Aarty wfl a drafted a provision shall not be eamployed in interpreting this Agreaern and. 24. Hleadiniws. THe Headings of 1Ihis Agreern anll are f✓`ar purpomis oflrefetenicca only and shall not limit or define 1he moaning of any provision of tt is Agriecamieant. 23. Computation of 'lime. In caomipuling any period oft t:imie under this Agreemieant, 1he data c&ff.e act car eaveanl frcami which thea dasignalled period ofllime bcag:ins to ruri shall not be included. The Iwo day of thea period ,ici caomipletcad shall] be iinaluded unless it is a Saturday. Sunday or legal Holiday, in whlicH event thea period shall ruri until the and of thea next day whichl is not a Saturday, Sunday or Ill agal holiday. The time for performaance of any obligailion or taking any acalion under this Agrieement stlall be daemed to expire at fl:O(I p.mi. lllocaal time, Ahcacanix, Arizona) can the last day oflthe applicable time Ileariod priovided Herein. 2944819.5 6 26. Nonliab:ility of Town OfFlcaials and Employees. No off ci ar, offlciial, eamployee, agent cir raprasantat:ivia off flown shall bei parsonal'IN liablea to thea Association or any slucccmicm in intareast. in the avant of any dc&ullt orf beacah bN Town fors any amount wh:icah may baciorre due to the Amoaiat:ion on its suaciessors in intareast, on on any obligation inaurrcad under lha tearrns oflthis Agraament. No officaear, official, employes, agent cir rlepresentailime of thea Associalion sHaal tea pensacinally liabla to tha Town car any sucicesson in intarast in thea ement oflany default ori brleacah by the Association for any amount which may baciome due tca t.e Town or its sucaassors in intarast or on any of ligaticin initarast undar the terms of this Agreemeanl. 27. Non -Discrimination. The 'Hawn and Associiation agree to comply wiilh al:l appl:iciable state and fadaral laws, pules, ragullations and axacutiva ondans govarning equal emp.loymcinl oppcarlunities, immigration, non-disariminat:icin and affirmativa action. To thal end, tha AsEociallion shah not discariminata in thea conduct and oparat:ion of cls busincass against any pencin or grcaup of parsons because of racie, ne:ligion. colon, sax. age, nailional origin, anaastry, handicap or Mietnarn wetearan on disablad matenan status of sucah penson car grcaup ciflpen ons. SIGNATURES CN FICIJLC WING PAGES] 7944819.5 7 IN WITNESS WHERECFI, the Plartie.i hereto haves exeiouled 1lhis instrurrleint as oflthe Cate and yeaj sat forth abovei. "Town" TC WN OF AOUNTAIN HILLS, an Ar izona muni cipal corploriat i on Grady H. Miller, Town Managear A IIESR Bevelyn J. Bender, Town C Ierik (ACKNC)MLIEIIG MBINT) STATE OA ARI AONA ' ss. C0UNTM C MARICCPIA Cn , 2017, before ma personally appeiared Grady H. Miller, thea Town Managear of thea TC WN OR AOUNTAIN HILILIS, an Ariaana municipal aorporiation, whosea identilt� was pravean to mea on the basis of sallisfdatory evidence to be the parson who he claims Flo be, and acknowledged lhat he signed the above doaumaanl, on beahalf of the Town of Fountain H:i 11 s. N otaq Rubl i ca (Affix notajy seaal here) ASIC NA 1IURES CONTINUE CN FIC LILC WING PA GE]l 2944819.3 8 "Association" The Firerock Conununity Association, Inc. an Arizona non-profit corporation Sy: _ ��A- 2�� Dame: 4jo,Lff ,�GCy`� Title: 1�1 l D 4 (ACKNOWLEDGMENT) STATE OF ARIZONA } } ss, COUNTY OF MARICQPA } On Jy l a ri , 201.7, before me personally appeared t'.� 00 ulf , the 2vY5iAtier\V of The Firerock Community Association, Inc., an Arizona non-profit 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. (Affix notary seal here) �`��,�tit� rrrrrrr S � d : N ar}�,Pylblic co U NIA 2944& 19.5 9 rvm'"NN TOWN EDF FOUNTAIN HILLS z TOWN COUNCIL \Z� � / AGENDA ACTION FORM Meeting Date: 8/1512017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-816-5135 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of terms and conditions relating to the Operations Agreement between the Town and the Chamber of Commerce for the Visitor's Center. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: 2016 Council Adopted Tourism Strategic Plan Staff Summary (background): Following the June 15, 2017 Council Meeting, staff was directed to develop general Terms and Conditions for the proposed Visitor Center, in partnership with the Fountain Hills Chamber of Commerce. The following guidelines are proposed as the framework for the subsequent Operating Agreement. First Year anticipated funding breakdown for Visitor Center: Utilities and Maintenance: $6,000 Staffing: $20,000 Risk, Technology, Furniture: $29,000 TI Improvements: $35,000 TOTAL: $90,000 Less landlord incentive (-$12,500) First Year Total: $77,500 Fountain Hills Clamber will execute the following operational responsibilities: • Maintain proper insurance as required by the landlord, Town of Fountain Hills (if applicable) and current insurance provider, • Manage all Visitors Center operations including opening/closing, staffing, cleaning and maintenance of the facility (electrical, plumbing, structural, etc.). - • Display all Town approved brochures within approved racks. • Provide staffing (paid and volunteers) to operate the Visitors Center based on agreed up on hours and special event needs. • Provide an annual report containing yet to be determined data and tracking details as outlined in the agreement. Town of Fountain Hills will contribute the following: Page 1 of 3 Rartr er,ihip in 111-e c evelorlrr E r t of an approved list of t L ainesses 11- iii are elicliblE to provide bnocfhUlE s in the �viaiions Center. • Irracles, design is eas and assistance with layout ooncepts to ensure tl- a Njisiiors Centel reflects 111'E Town's vision, lookifeel for visiions. • RE clulanly sol- edulE d �, olunteer update rr eetings (basec on r E ed and -lawn Events schedf. le; ❑E liver all FOL Alain H ills visitor oollaienal wl- en available arlc as uric a11E d. • Finar dial 9f. ppor in the arr ount of $3CI,OCIO pen yeafl i1pro-rata in 20'11/2018 t ased on ofilicfial ilinst day of operations;. -logE then, t oil- onganizations will c evelorl the following: • LayOLI conceptwiil-in budgEli. • Rurchase of racks arid Elquirlrr Elnt needed far the VC irr age, look/11eE I and 11L rfciionaliiy. • On-cloing orlElraiional impno,en- erlis and volt. nIlEler irainings tcl enElL re inforrraticln is Irl-io-dale and rr eeting ihEl neEIC 9 of %isiions and residElnces. Furl( ing Rnciclrarr & --tart-1 p Cos119 • Town of FCIL ntEiin Hills Tourism to coniribf. ie $3(1,0(10 (1rIIICI-rasa in 2CI17/,,I0'18 basec on official first day of operations; to suppcui l l- EI star url arlc or -going cfperatior s of the Visitor Center wl- ich in CIL C e Merit, rraintenance, clieaning. • C11arrter to aclrlllit 1.110 all ilinst year ten ari impnovemerlis, ar nual stafilircl, volLrlieer9, wifi, elecinioiiy, wafer, aarr rµ ten tear nology, insurarlClEl, cleaning service, m aintenar cfe, rent arid any oihen neElc ed utilities and SEIRIICIE119. I'L lUie fund irig will be discussed one year after a complelEIC year of operation, as a rplaof. rear to the -lawn's budget 90ason. Colncil will to nElquested icl apip rove 1hEl Operating Agreement an fund irig allooalion on an annual taxis. Hours clil Operaiicfr Atypical; • Monday -Friday: garr to 9prr • Saturday: '10arr to 3prr • Sunday as needEIC , based on L sacle • Specfial Evenis or othefl demarfc 9 -tracking: • Clol. ni numbefl of visilons each day, neporl at Elnd of vols rllEler sr ilit Laing slaff,Nolunteer HE por ing systerr • "hen possiblEl, ask visiions icl pno\ ide an err ail adc rens • SuggE al giving a rating on -lawn preferred social rr edia channels Mainiaining a list of all contacts for statewidE rll. blicfalions arid systerr fon volunieer regL E ais Monthly rr eetings will- VC volurlleE ra/stafil and -lot risrr . • Additional rr eetings TBD if nEleded. Quarterly Reporting to Town: • Cll- arr t er to I' aep rE corc s of visitor inform aiion C aily, 1l- E Town of Fauntain Hills. Operational r eeds for upcoming t f. dgeiary y0ar. General yean-erfc meetinclilsuggestions. weekly and rr onthly and will t e aarr Ailed qL arienly far -Il- EI stafil cloal for this ilarr is icl of lain Counail cfonsensus fon 1l- e Terry s arid Condilions of a jointly operated Viaiiar Cerlien, in rlarl neral- ip with 1hEl Fountain H ills Cham ban of Corr rr arciEl. If appno, eC arid C ireclElC t y council, 91aff will C evelorl a formalized Operating Agreemerli and return in 'lepterr ber lion final adoption. Risk Analysis Aopiions on aliennaii%a9 wish implications;: Fiscal Impact Ainitial and ongoing costs; buc clef stag s; : Budgel Reilerenc a (pagE r1L rr ber): Funding Sat, rce: NA Page 2 off 3 If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends Council approval to proceed with an Operating Agreement to partner with the Chamber of Commerce in a jointly operated Fountain Hills Visitors Center. List Attachment(s): SUGGESTED MOTION (for Council use): MOVE TO APPROVE the Terms and Conditions relating to a jointly operated Visitor Center and direct staff to return in September with a Operating Agreement for Council consideration. Prepared by. ac ael oo van, o munil entices Director 882017 Director's Approval: Aevvd: ct uratly E. Miller T wi anagen 8/8/201 Page 3 .1`3 Meeting Date: August 15, 2017 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, rrod.cel rs(0_)_fh.az.go Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION #17-28, an amendment to the DEVELOPMENT AGREEMENT between the Town of Fountain Hills and the Americana Development & Building Co., LLC to allow the development of a Senior Living Facility Ionated on a 12.24 acre commercial property on the north- east corner of Avenue of the Fountains and Westby Drive. (Case #DA2015-01.1) Applicant / Owner: Americana Development & Building Co. LLC 1920 E. 3"d Street Ste 14 Tempe, AZ, 85281 (949) 422-9741 Property Location: 15575 E. Palisades Blvd, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Chapter 2, Section 2.02 — Special Use Permits Zoning Ordinance Chapter 2, Section 2.04 — Concept Plan Review Zoning Ordinance Chapter 2, Section 2.05 — Plan Review Zoning Ordinance Chapter 12 -- Commercial Zoning Districts Zoning Ordinance Chapter 12, Section 12-05 — Special Use Permits in C-2 Districts Zoning Ordinance Chapter 19 — Architectural Review Guidelines Subdivision Ordinance Article 5 — Section 5.03 — Cut & Fill Standards General Plan 2010 — Downtown Area Specific Plan — West Side District Staff Summary (background): EXISTING ZONING: EXISTING CONDITION LOT SIZE- BUILDING SIZE °C-2" — Intermediate Commercial Vacant lot on Existing Arterial Street 12.24 Acres. Total in four Buildings = 274,000 sf + Cases �IDA20'1 EI -0'1.'1 F ES #12017-28 Americana Develc pmE nt & Building Co., LLC we Ei apprc VEd ere August 18, 2C16 tc allow cc nstrucitien cf "Copper Ridge", a mixed-use project en tt E vacant 12.24 acre property that wrap.e bE hind the Bashas shopping centEr at 16575 EI. Palisades Blvd. ThE properly has frontage on RalisacEs Blvd, "estby Drive, AVE nL e cf ihE Fc untains, and La Montana Drive. phis pilojeci rE quired a series of approvals cc resisting cf a DeVE Ic pmE nt AgrE emE nt, a Special Use Peierrlii, a Cut "airer, Revised Parking Ratios with new Crl-Street Parking SpacEs, a Final Plai apprc\al, arid Concept Plan Aclpieoval. CURRENT DE\iBLOPMENT AGREBMBNT: elf• e ciurrE nt ❑eVE Ic pmE nt AcIrE emE nt addrE SSes tr EI Special Use Permit to allow residE ntial uses in tt e C-2 ac ning c istrici, It allows fc r a cut depth of morE 11han 1 C feet duel tc the large arTICL nt cf fill ciurrently c the prcpElrly, It inciludEls provisions foie the crElation cf nElw cri-strElei parking along the La Montana DilivEl filontag6, and ii prcvidels for an amended mellhec cf calaulating the parking regL ireM6nts in pha sEls 1 and of It EI develc prrlelnt. llhe DElved0prT1Elrri AgrElement al.ec approVElc ihEl Cc rice pt Plan which includE d a large public arl piece c n the cic rreelr of The avelnU6 cf the Fc L ntains and La Montana DriVEI. Ccpper Ridge will cionsist cf 274,CCC4 sf cf new, residential and ccrrlmElrciial bl.ildings and associailed amE nities Ilinciluc ing a new park', c n 12.24 acmEl Ie cated in Downtcwn Fc L me in F ills. Tt e aclprc ved u sE S are; SElrric r Indep6ndeni Living, Assisted Living, ME me ry Carie 81 Rt ysical Ref• at iliiatic n, Cc rrlrrlureity Clubhc usEl, Commercial Retail, and Commercial ME dicial/Rrofessional Offices and a 2 acre Cc mmunity Pa rk. The preojecii was c riginally going tc t EI deVEllc pElc in fc ur phases as fc Ilc ws: PHASE Senior IrlcepenceniLNing: z-Siory, 'I23,CICICI 91 tLilcirlq will' 132 irldepencEirll li\irlg uniis and asscciaied amenities sual' as a cammuniy kitchen, Bain salad, and meeting spaces. C arnmunity Clu bhou se: 1 -Story, 19,000 Elf t L ilc incl containing off ices, iheaire, resiau rant & ban, gym, Flool .I spa, libreny, arlc a mLlii-pLnpo;le room. Carrimunily Pank: 2 -Acne Pank fan 1-1sE1 1:y 11-e resicerlts of We projeclt. Included in We park will be walking paths, gardens, a cocl park, Flotiing/c1l-ipping gnEiEirls, anc tocaEl cacrts. TllE1 park will also serve as a siorm v\a'lE1r C E11er11ion t asin. PHASIa II ASflistElc B ir1g: 2-Slany, EICI,CICICI s1 t u ilc incl will- 6CI assistec living units arlc 921 memany caneJpl'ysiaal rel'abiliiaiion tads. PHASE] III A Clarrlmerclial REiiail: 1-SlIary, 121,OCICI sil t L ilc incl de:liclr1Eic lean retail, restaunani, and athEul peulrrlittec aarrlmeraial uses. A very larclei "Public Art" slnuciurei an( additional diagonal Flanking spaee;l on La Moniarla CirivEi are inalLced in tl is rll ase also. PHASE III B Clarrlmerclial MedicaliRiallessional Cfficle;l: a-Sliory, 30,000 s1f building cesigrlec liar proilessianal andJar medical ofiicEisl. Sarr1e spade aou Id posit ly t El u sec as nEiiail spaae al:1c. Pa�1e 2 al Cases #DA2016-01.1 RES #2017-28 PROPOSED AMENDMENTS TO THE DEVELOPMENT AGREEMENT Due to deiays encountered in getting their project properly designed and financed, the applicants are requesting the following amendments to the Development Agreement: 1. Extend the date of the required acquisition of the property from 230 days to 450 days. 2. Allow for the construction of phases 1 and 2 to be out of sequence if market conditions make it necessary. 3. Amend the language regarding the applicant's ability to transfer ownership of the property and project approvals. Risk Analysis (options or alternatives with implications): Approval of the Amended Development Agreement will allow the development of the property as proposed. Denial of the Amended Development Agreement will require the applicants to either build as originally proposed, or abandon the project. Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): NA Funding Source. NA If Muttiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the amended Copper Ridge Development Agreement as proposed, SUGGESTED MOTIONS: Move to APPROVE RESOLUTION #17-28, an amendment to the DEVELOPMENT AGREEMENT between the Town of Fountain Hills and the Americana Development & Building Co., LLC as proposed. Attachments: 1. Application 2. Resolution 2017-28 3. Draft Amended Development Agreement Submitted by: Approved: Ad e r t Ao oder ,q e 8/2/2017 8/3/2017 Development Services Director Date Grady Mi er, To In Manager Date Page 3 a1 DO Not write int is pane –official use only Filing date � I ,r Accepted By Fee Accepted Case Manager 3 720 G f The Town of Fountain Hills PLANNING & ZONING DEPARTMENT - APPLICATION -_ Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept plan Condominium plat Cut/Fill Waiver Development Agreement�_ HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development -- - Preliminary j Final Plat -- — Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) _ Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Variance Use Permit (median Fee, IPappNrable) _ Other ROJECT NAME / NATURE DE PROJECT LEGAL_ DESCRIPTION: fat Name Black PROPERTY ADDRESS: i � � Lat PARCELS IZE (Acres) ASSESSOR PARCEL AIUMSER NUMBER OF UNITS PROPOSED TRACTS EXISTING ZONING PROPOSED ,ZONING Applicant Mrs. t�.`�l.� - Mr. ► Day Phone Irl Ms. Address. MiL54_14ALtC._ �` � City: U*— State. Zip: Owner Email: f 01lY U'�+LL1 le AUL - _ Mrs. GGt Mr. �, Day Phone t� T1s. Address: I,eL4ity's-3J tq �t�:Zip: t � If application is 6Eirry submitted 6y someone other than the owner of the property under consider r OJ7, Lite section below +rirust he completed. 51GNATURE OF O1NNER I HEREBY AUTHORIZE :L I� -- - Subscribed and sworn before me this n Notary � llmy c9 Q e :��uc fv� DATE _ TO FILE THIS APPLICATION. 20 Applicallon - Revised 10--20]7 Case Fine �J umbe r Rage 2 of 6 �A fid! �•-+�!". t RESOLUTION 2017-28 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND AMERICANA DEVELOPMENT & BUILDING CO., LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The First Amendment to Development Agreement between the Town of Fountain Hills and Americana Development & Building Co., LLC is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, August 15, 2017. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 3037443.1 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-28 [First Amendment] See following pages. 3037443.1 When Recorded Return To: Town of Fountain Hills Attn: Town Clerk 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First Amendment") is entered into August 15, 2017, by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town") and AMERICANA DEVELOPMENT & BUILDING CO., LLC, an Arizona limited liability company (the "Developer"). RECITALS A. The Town and the Developer entered into that certain Development Agreement dated August 18, 2016, recorded at Document No. 2016-0609889 in the Official Records of the Maricopa County Recorder's Office (the "Agreement"), relating to development of approximately 12.27 acres of real property located at the northwest corner of Avenue of the Fountains and La Montana Drive, Fountain Hills, Arizona (the "Property"). Unless otherwise defined herein, all capitalized terms used in this First Amendment shall have the meanings set forth in the Agreement. B. The Developer has requested additional time for performance of certain obligations set forth in the Agreement, and the Town has determined it is in its best interest to amend the Agreement to grant the Developer additional time. C. The Developer has requested flexibility to construct Phase 1 and Phase 2, as shown on Exhibit B to the Agreement, either in the order shown on Exhibit B, or with Phase 2 first, followed by Phase 1, to allow Developer to better respond to market conditions. The Town has determined it is in its best interest to amend the Agreement to grant the Developer the requested flexibility with respect to the development phases. 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 Developer hereby agree as follows: 3033452.2 1. Modification of Developer Acquisition Obligations. Section 6.2 of the Agreement (Acquisition of the Property) is hereby deleted in its entirety and replaced with the following: 6.2 Acquisition of the Property. Developer agrees to complete the acquisition of the Property (close escrow and confirm ownership) for development of the Project not later than 450 days after the Effective Date. The Town agrees that this acquisition requirement may be satisfied by an assignment of this Agreement by Developer to the owner of the Property. Such assignment will only be valid with the prior, written consent of the Town, which consent may be withheld for any reason by the Town in its sole discretion. 2. Modification of Developer Phasing Options. Section 6.9 of the Agreement (Phased Development) is hereby deleted in its entirety and replaced with the following: 6.9 Phased Development. The Town acknowledges that Developer plans to develop the Property in four phases (1, 2, 3A and 313) as generally set forth in Exhibit B, as more particularly described in the Concept Plans as approved by the Town Council. The Developer may reverse the order of the improvements in Phases 1 and 2, as described and depicted in Exhibit B, at its discretion; provided, however, that the Town may require Developer to construct portions of the Phase 1 infrastructure as necessary to accommodate proper site circulation and safe utilization of the Property. The Town will review and approve the public infrastructure needs of each phase (the "Public Infrastructure Improvements") as part of its approval of the construction documents of each phase. The Developer shall construct or cause to be constructed and installed any and all portions of the Public Infrastructure Improvements. The Town Engineer may require that the Developer construct portions of the Public Infrastructure Improvements not directly related to the phase being constructed by the Developer if, in the Town Engineer's sole discretion, he determines that the construction sequence requested by the Developer will be detrimental to the Town or to the public. 3. Substitution of Exhibits. The Schedule of Performance attached as Exhibit D to the Agreement is hereby deleted in its entirety and replaced with the revised Schedule of Performance, attached hereto as Exhibit 1 and incorporated herein by reference. 4. Consistency; Modification. Except as modified by this First Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. This First Amendment and the Agreement shall not be further modified in any manner other than by a written amendment executed by the Town and the Developer or its successors or assigns. If any clause, sentence or other portion of this First Amendment shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 5. Non -Default. By executing this First Amendment, Developer affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all 3033452.2 2 claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Successors and Assigns. This First Amendment shall be binding upon and inure to the benefit of the successors and assigns of the respective parties. 7. Conflict of Interest. This First Amendment is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this First Amendment without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this agreement on behalf of the Town or any of its departments or agencies is, at any time while the agreement or any extension of the agreement is in effect, an employee of any other party to the agreement in any capacity or a consultant to any other party of the agreement with respect to the subject matter of the agreement. 8. Recording of Agreement. Within 10 days after execution of this First Amendment by the Town, such First Amendment shall be recorded in the Maricopa County Recorder's Office. [SIGNATURES ON FOLLOWING PAGES] 3033452.2 3 IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date first set forth above. "Town" TOWN OF FOUNTAIN HILLS an Arizona municipal corporation M. Linda M. Kavanagh, Mayor ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Linda M. Kavanagh, the Mayor 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 she claims to be, and acknowledged that she signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3033452.2 4 "Developer" AMERICANA DEVELOPMENT & BUILDING CO., LLC an Arizona limited liability company M. Dan Carter, Managing Member (ACKNOWLEDGMENT) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On , 2017, before me personally appeared Dan Carter, the Managing Member of AMERICANA DEVELOPMENT & BUILDING CO., LLC, an Arizona limited liability company, 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 such company. Notary Public (Affix notary seal here) 3033452.2 5 EXHIBIT 1 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND AMERICANA DEVELOPMENT & BUILDING CO., LLC [Revised Schedule of Performance] 3033452.2 SCHEDULE OF PERFORMANCE Deadline to Perform Task From Effective Date of Agreement Task/Obligation Original Amended 230 days 450 days Complete Acquisition of the Property (subject to the assignment provisions in Section 6.2) Phase 1— Either Independent Senior Living Building & Clubhouse or Assisted Living (AL), Memory Care (MC) & Medical Rehabilitation (Rehab). 8 Months 20 Months Developer to have submitted Concept Plan & Construction Documents for Phase 1 improvements, including Public Infrastructure Improvements 14 Months 26 Months Developer to have begun construction of Phase 1 Improvements. 30 Months 42 Months Developer to have completed construction of Phase 1 improvements. Developer to have completed Public Infrastructure Improvements for Phase 1. Phase 2 — Either Independent Senior Living Building & Clubhouse or Assisted Living (AL), Memory Care (MC) & Medical Rehabilitation (Rehab), whichever was not constructed in Phase 1. 30 Months 42 Months Developer to have submitted Concept Plan and Construction Documents for Phase 2 improvements, including Public Infrastructure Improvements. 54 Months 66 Months Developer to have completed construction of Phase 2 improvements. Developer to have completed Public Improvements for Phase 2. Phase 3a — Commercial / Retail Building 30 Months 42 Months Developer to have submitted a Concept Plan and Construction Documents for Phase 3a improvements, including Public Infrastructure Improvements. 54 Months 60 Months Developer to have completed construction of Phase 3a improvements. Developer to have completed Public Improvements for Phase 3a. Phase 3b — Commercial / Retail Building 60 Months 60 Months Developer to have submitted a Concept Plan and Construction Documents for Phase 3b improvements, including Public Infrastructure Improvements. 3033452.2 WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ. REV. STAT. §§ 12-1134 —1136 BETWEEN THE TOWN OF FOUNTAIN HILLS AND AMERICANA DEVELOPMENT & BUILDING CO., LLC THIS WAIVER OF CLAIMS FOR DIMINUTION OF VALUE under ARIZ. REv. STAT. §§ 12-1134 - 1136 (this "Waiver") is made August 15, 2017, between Americana Development & Building Co., LLC, an Arizona limited liability company (the "Owner") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), regarding the parcel of real property totaling approximately 12.24 acres located at the northeast corner of Avenue of the Fountains and Westby Drive, in Fountain Hills, Arizona (the "Property"), as more fully described and depicted on Exhibit A attached hereto and incorporated as if fully set forth herein. 1. Waiver of Claims Related to the Development Agreement Amendment. The Owner and the Town entered into a development agreement relating to development of the Property, which agreement was recorded in the Maricopa County Recorder's Office at Document No. 2016-0609889 (the "Development Agreement"). Owner has requested, and the Town has approved, an amendment to the Development Agreement to modify certain terms and conditions thereof (the "First Amendment"). Owner, on behalf of itself and all other parties having an interest in the Property, intends to encumber the Property with the following agreements and waivers: The Owner agrees and understands that the Town is entering into this Waiver in conjunction with approval of the First Amendment in good faith and with the understanding that, if it approves the First Amendment, it will not be subject to a claim for diminished value of the Property from the Owner or other parties having an interest in the Property. Owner agrees and consents to all the conditions imposed as part of the resolution approving the First Amendment (the "Development Agreement Resolution"), including all stipulations adopted by the Town Council and, by signing this Waiver, hereby waives any and all claims, suits, damages, compensation and causes of action the Owner may have now or in the future under the provisions of ARIZ. REV. STAT. §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) or any other cause of action and resulting solely from the First Amendment. Owner acknowledges and agrees that any stipulations imposed by the Town Council as part of the Development Agreement Resolution will not result in a reduction of the fair market value of the Property as defined in ARIZ. REV. STAT. § 12-1136. The Owner acknowledges that additional stipulations may be imposed by the Town Council, in its sole discretion, prior to approval of the First Amendment. Owner agrees and understands that its waiver of claims as set forth in this Waiver shall be deemed to extend to cover any changes to the Development Agreement Resolution and all stipulations to the Development Agreement Resolution approved by the Town Council unless, not later than three business days following such Town Council approval, Owner notifies the Town, in writing, of its disagreement with such stipulation(s). In the event that Owner timely notifies the Town of such disagreement, Owner shall not be deemed to have waived claims with respect to only the stipulations imposed or revised by the Town Council prior to approval of the Development Agreement Resolution; provided, however, that if Owner does not submit a separate waiver of such claims, in a form acceptable to the Town, prior to close of business on the fifth business day 3040630.1 following approval of the Development Agreement Resolution, then the Town may, after proper notice and hearing, rescind the Development Agreement Resolution, and if rescinded by the Town Council acting in its sole discretion, this Waiver shall act as a bar to a claim for diminished value based upon the rescinded Development Agreement Resolution. The foregoing waiver of claims shall not be effective and shall be of no further force and effect with respect to the First Amendment in the event the Town Council disapproves the Development Agreement Resolution. 2. Entire Agreement; Modification. This Waiver, any exhibits attached hereto, and any addenda, collectively constitute the entire understanding and agreement of the Owner and the Town and shall supersede all prior agreements or understandings between the Owner and Town regarding waiver of claims pursuant to ARiz. REv. STAT. § 12-1134 et seq. relating to the Property with respect to the First Amendment. This Waiver may not be modified or amended except by written agreement by the Owner and Town. 3. Applicable Law; Cancellation. This Waiver is entered into in Arizona and will be construed and interpreted under the laws of the State of Arizona. This Waiver is subject to the cancellation provisions of ARiz. REv. STAT. § 38-511. 4. Recording; Waiver Runs With Land. Within ten days after the execution of this Waiver, the Town Clerk shall file the Waiver in the Official Records of the County Recorder's Office, Maricopa County, Arizona. This Waiver runs with the land and is binding upon all present and future owners of the above -referenced Property. 5. Owner Authority. The Owner warrants and represents that it has the consent of the owner of all right, title and interest to the Property to enter into this Waiver. The person(s) who sign on behalf of Owner personally warrant and guarantee to the Town they have the legal power to bind the Owner and the owner of the Property to this Waiver. [SIGNATURES ON FOLLOWING PAGES] 3040630.1 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument 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] 3040630.1 "Owner" AMERICANA DEVELOPMENT & BUILDING CO., LLC, an Arizona limited liability company Dan Carter, Managing Member (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2017, before me personally appeared Dan Carter, the Managing Member of AMERICANA DEVELOPMENT & BUILDING CO., LLC, an Arizona limited liability company, 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 such company. Notary Public (Affix notary seal here) 3040630.1 4 EXHIBIT A TO WAIVER OF CLAIMS FOR DIMINUTION OF VALUE UNDER ARIZ. REV. STAT. §§ 12-1134 — 1136 BETWEEN THE TOWN OF FOUNTAIN HILLS AND AMERICANA DEVELOPMENT & BUILDING CO., LLC [Legal Description and Map of the Property] See Following Pages. 3040630.1 EXHIBIT A-1 LEGAL DESCRIPTION BASHAS INC. PARCEL - (APN 176-07-853) THE LAND REFERRED TO HEREON IS SITUATED IN THE TOWN OF FOUNTAIN HILLS, COUNTY OF MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PARKVIEW AVENUE AND LA MONTANA DRIVE AS SHOWN ON FOUNTAIN HILLS CORRECTED FINAL PLAT NO. 208, EXHIBIT "A", IN DOCKET 9768, PAGES 659 AND 660, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE ALONG THE CENTERLINE OF SAID LA MONTANA DRIVE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, 92.00 FEET; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, 42.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF- WAY OF SAID LA MONTANA DRIVE BEING 84.00 FEET IN WIDTH; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, 454.00 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 47.12 FEET, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF A ROAD MORE COMMONLY KNOWN AS AVENUE OF THE FOUNTAINS BEING 180.00 FEET IN WIDTH; THENCE ALONG SAID RIGHT-OF-WAY NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, 820.00 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 78.54 FEET, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF A ROAD MORE COMMONLY KNOWN AS WESTBY DRIVE BEING 84.00 FEET IN WIDTH; THENCE ALONG SAID RIGHT-OF-WAY NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST, 1052.00 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 78.54 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF A ROAD MORE COMMONLY KNOWN AS PALISADES BOULEVARD BEING 110.00 FEET IN WIDTH; Page 1 of 6 2755182.2 THENCE ALONG SAID RIGHT-OF-WAY SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, 800.00 FEET TO THE BEGINNING OF A TANGENT CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS AND AN ARC LENGTH OF 78.54 FEET, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF A ROAD MORE COMMONLY KNOWN AS LA MONTANA DRIVE BEING 84.00 FEET IN WIDTH; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, 618.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; EXCEPT ALL MINERALS AS RESERVED IN PATENT FROM THE UNITED STATES OF AMERICA; AND EXCEPT ALL GAS, COAL, UNDERGROUND WATER AND MINERALS, AS RESERVED IN DEED RECORDED IN DOCKET 13354, PAGE 94, RECORDS OF MARICOPA COUNTY, ARIZONA; AND EXCEPT THAT PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF PALISADES BOULEVARD AND LA MONTANA DRIVE AS SHOWN ON FOUNTAIN HILLS CORRECTED FINAL PLAT NO. 208 PER EXHIBIT A IN DOCKET 9768, PAGES 659 AND 660, RECORDS OF MARICOPA COUNTY, ARIZONA; THENCE ALONG THE CENTERLINE OF SAID PALISADES BOULEVARD NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 622.00 FEET; THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF PALISADES BOULEVARD, BEING 110.00 FEET IN WIDTH, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 820.00 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, A DISTANCE OF 580.00 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID LA MONTANA DRIVE BEING 84 FEET IN WIDTH; THENCE NORTH 20 DEGREES 28 MINUTES 08 SECONDS EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID LA MONTANA DRIVE, A DISTANCE OF 770.00 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE AND WESTERLY RIGHT-OF-WAY THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC DISTANCE OF 78.54 FEET Page 2 of 6 2755182.2 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PALISADES BOULEVARD, BEING 110 FEET IN WIDTH; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 530.00 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE OF PALISADES BOULEVARD AND LA MONTANA DRIVE; THENCE ALONG THE CENTERLINE OF SAID PALISADES BOULEVARD NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 622.00 FEET; THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 55.00 FEET IN THE SOUTHERLY RIGHT-OF-WAY OF SAID PALISADES BOULEVARD BEING 110.00 FEET IN WIDTH; THENCE CONTINUING SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, A DISTANCE OF 227.08 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY LINE OF FOUNTAIN HILLS PLAZA PLAT; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, A DISTANCE OF 60.11 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 48 SECONDS EAST, A DISTANCE OF 0.17 FEET TO A POINT, SAID POINT BEING THE NORTHWEST BUILDING CORNER; THENCE SOUTH 69 DEGREES 24 MINUTES 56 SECONDS EAST, A DISTANCE OF 168.04 FEET TO A POINT, SAID POINT BEING THE NORTH EAST BUILDING CORNER; THENCE SOUTH 20 DEGREES 37 MINUTES 18 SECONDS WEST, A DISTANCE OF 0.32 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, A DISTANCE OF 69.85 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST, A DISTANCE OF 15.08 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, A DISTANCE OF 227.00 FEET; THENCE SOUTH 47 DEGREES 33 MINUTES 47 SECONDS EAST, A DISTANCE OF 26.93 FEET; Page 3 of 6 2755182.2 THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST, A DISTANCE OF 30.00 FEET, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF LA MONTANA DRIVE BEING 84.00 FEET IN WIDTH; THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST, 236.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF LA MONTANA DRIVE; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 282.00 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST, A DISTANCE OF 26.75 FEET; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 69.80 FEET; THENCE NORTH 20 DEGREES 37 MINUTES 18 SECONDS EAST, A DISTANCE OF 0.32 FEET TO A POINT, SAID POINT BEING THE SOUTHEAST BUILDING CORNER; THENCE NORTH 69 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF 168.13 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST BUILDING CORNER; THENCE SOUTH 20 DEGREES 38 MINUTES 48 SECONDS WEST, A DISTANCE OF 0.17 FEET; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST, A DISTANCE OF 60.07 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID FOUNTAIN HILLS PLAZA PLAT; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST, ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 204.17 FEET, TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF WESTBY DRIVE AND PALISADES BOULEVARD AS MONUMENTED BY A TOWN OF FOUNTAIN HILLS BRASS CAP FLUSH, FROM WHICH A TOWN OF FOUNTAIN HILLS BRASS CAP FLUSH MONUMENTING THE CENTERLINE OF WESTBY DRIVE LIES SOUTH 20 DEGREES 38 MINUTES 11 SECONDS WEST, A DISTANCE OF 1,040.58 FOR THE BASIS OF BEARING; THENCE SOUTH 69 DEGREES 21 MINUTES 41 SECONDS EAST ALONG THE MONUMENT LINE OF PALISADES BOULEVARD, A DISTANCE OF 337.21 FEET; THENCE LEAVING SAID MONUMENT LINE SOUTH 20 DEGREES 38 MINUTES 19 SECONDS WEST, A DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF PALISADES BOULEVARD, SAID POINT ALSO BEING THE POINT OF BEGINNING; Page 4 of 6 2755182.2 THENCE SOUTH 69 DEGREES 21 MINUTES 41 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 20 DEGREES 39 MINUTES 36 SECONDS WEST, A DISTANCE OF 819.90 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 41 SECONDS EAST, A DISTANCE OF 153.25 FEET; THENCE SOUTH 20 DEGREES 28 MINUTES 11 SECONDS WEST, A DISTANCE OF 34.00 FEET; THENCE NORTH 69 DEGREES 21 MINUTES 41 SECONDS WEST, A DISTANCE OF 178.27 FEET; THENCE NORTH 20 DEGREES 39 MINUTES 36 SECONDS EAST, A DISTANCE OF 853.90 FEET TO THE POINT OF BEGINNING. SURVEYOR'S DESCRIPTION: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1 AS SHOWN BY FOUNTAIN HILLS PLAZA, BOOK 997, PAGE 27, RECORDS OF MARICOPA COUNTY; THENCE SOUTH 20 DEGREES 38 MINUTES 08 SECONDS WEST 302.10 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTH WESTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE ALONG SAID CURVE TROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC DISTANCE OF 47.12 FEET; THENCE NORTH 69 DEGREES 21 MINUTES 52 SECONDS WEST 820.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTH EASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC DISTANCE OF 78.54 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 08 SECONDS EAST 1052.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC DISTANCE OF 78.54 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST 245.19 FEET; THENCE SOUTH 20 DEGREES 39 MINUTES 25 SECONDS WEST 853.90 FEET; THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST 178.27 FEET; THENCE NORTH 20 DEGREES 38 MINUTES 00 SECONDS EAST 34.00 FEET; Page 5 of 6 2755182.2 THENCE SOUTH 69 DEGREES 21 MINUTES 52 SECONDS EAST 426.86 FEET TO THE POINT OF BEGINNING. CONTAINED WITHIN SAID BOUNDS, 533,463 SQUARE FEET, 12.247 ACRES. Page 6 of 6 2755182.2 TOWN CENTER I BOOK 445, PAGE 45 THUNDER RIDGE CONDOMINIUMS BOOK 475, PAGE 17 TOWN OF FOUNTAIN HILLS EXHIBIT "A-2" BASHAS INC. APN 176-07-853 FOUNTAIN p REPEAT N0. 102 SONORA VILLAS VIEW I REPLAT 102 g00K 275PAGE 15 BOOK 265, z BLOCK 3, LOTS 1, 11 & 12 , BLOCK 2, PAGE 15 Q I BOOK 142, PAGE 12 LOTS 4A&4B I Lo PALISADES BLVD ------ in ------ - - - - - in - un S69°21'52"E-800.00' 'n 42 1 0 O I N u) 0 1 Lu cl�I 00 p O 00 Lu NI o N �I z 42' S69'21'52"E 245.19' ,L= 90'00' 00" R=50.00' L=78.54' O rn w Ln 0- M � I 3 �0 C, •"' N N v (n AREA = 533,463 SF OR 12.247 AC FOUNTAIN HILLS PLAZA BOOK 997, PAGE 27 APN 176-07-854 178.27-- S69'21 ' 52"E (S69°21'41 "E RECORD) COMMUNITY BANK 42'142' OF ARIZONA APN 10 176-05-001Y w oIQ NIa- JI� Y O O p 10] alz Z I O 1 HIGGINBOTHAM g ENTERPRISES KVIEW LLC APN �PAI AVE 76-05-8558 N 42' a' T.P.O.B. S69°21'52"E-426.86' 34.00' N 2038' 00"E (N2038'11"E RECORD) I ,L=90'00'00" �=90'00'00" R=30.00'—\ R=50.00' L=47.12' L=78.54' �h\ N69°21'52"W-820.00' TOWN CENTER I BOOK 445, PAGE 45 N t� E 1, S 0 200' 400' 1� SCALE: 1" = 200' DATE: 8-9-16 THE ENCLAVE AT FOUNTAIN HILLS CONDOMINIUM BOOK 751, PAGE 37 0 0 0 � I N 0 00 n o 100 3 � 00 0 o 00 N n o N 0 AVENUE OF THE FOUNTAINS rn SPECIAL WARRANTY DEED 0 MCR 95-0021726 )WN CENTER CROSSING CONDOMINIUMS BOOK 655, PAGE 19 POST OFFICE APN 176-05-970L I42' I