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2019.0618.TCRM.Agenda.Packet (2)
• ��y� Materials Management c' STANDARD Procurement * ,// jr-'411's 9875 N.85 Ave.,2 FI. .o 1E1TERMS AND CONDITIONS Peoria,Arizona 85345-6560 Phone: (623)773-7115 Fax: (623)773-7118 modified or rescinded except as provided for herein, absent a written agreement signed by both Parties. Any attempt at oral modification of this contract shall be void and of no effect. 12. NO DELEGATION OR ASSIGNMENT: Contractor shall not delegate any duty under this Contract, and no right or interest in this Contract shall be assigned by Contractor to any successor entity or third party, including but not limited to an affiliated successor or purchaser of Contractor or its assets, without prior written permission of the City. The City, at its option, may cancel this Contract in the event Contractor undertakes a delegation or assignment without first obtaining the City's written approval. Contractor agrees and acknowledges that it would not be unreasonable for the City to decline to approve a delegation or assignment that results in a material change to the services provided under this Contract or an increased cost to the City. 13. SUBCONTRACTS: No subcontract shall be entered into by the contractor with any other party to furnish any of the material, service or construction specified herein without the advance written approval of the City. The prime contractor shall itemize all sub-contractors which shall be utilized on the project. Any substitution of sub-contractors by the prime contractor shall be approved by the City and any cost savings will be reduced from the prime contractor's bid amount. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract and if the Subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not Subcontractors are used. 14. RIGHTS AND REMEDIES: No provision in this document or in the vendor's offer shall be construed,expressly or by implication,as waiver by the City of any existing or future right and/or remedy available by law in the event of any claim of default or breach of contract. The failure of the City to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract,or by law, or the City's acceptarice of and payment for materials or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the City to insist upon the strict performance of the Contract. 15. INDEMNIFICATION: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings),relating to,arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes,omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 16. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the goods and services used to fulfill the Contract. 17. FORCE MAJEURE: Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force Majeure. The term `force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God: acts of the public enemy; war; acts of terror, hate crimes affecting public order; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; COP 202(04/09/14)CF Page 5 of 26 I �.ty� Materials Management G 4' STANDARD Procurement * ,�� �� * 9875 N.85`"Ave.,2"d FL •o"" 7, TERMS AND CONDITIONS Peoria,Arizona 85345-6560 A►O0 Phone: (623)773-7115 Fax: (623)773-7118 events or obstacles resulting from a governmental authority's response to the foregoing; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: a. Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market,inefficiencies,or similar occurrences. b. Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Force Majeure term and Condition. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the work by force majeure, then the delayed party shall notify the other party in writing of such delay within forty-eight (48) hours commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand delivered or mailed 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. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this contract. 18. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five(5)days,the demanding party may treat this failure as an anticipatory repudiation of the Contract. 19. RIGHT TO AUDIT RECORDS: The City may, at reasonable times and places, audit the books and records of any Contractor as related to any contract held with the City. This right to audit also empowers the City to inspect the papers of any Contractor or Subcontractor employee who works on this contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty made pursuant to Paragraph 3 above. 20. RIGHT TO INSPECT PLANT: The City may,at reasonable times, inspect the part of the plant or place of business of a Contractor or Subcontractor which is related to the performance of any contract as awarded or to be awarded. 21. WARRANTIES: Contractor warrants that all material, service or construction delivered under this contract shall conform to the specifications of this contract. Unless otherwise stated in Contractor's response,the City is responsible for selecting items, their use, and the results obtained from any other items used with the items furnished under this contract. Mere receipt of shipment of the material/service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in the solicitation. 22. INSPECTION.: All material and/or services are subject to final inspection and acceptance by the City. Materials and/or services failing to conform to the specifications of this Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. The City may elect to do any or all: a. Waive the non-conformance. b. Stop the work immediately. c. Bring material into compliance. This shall be accomplished by a written determination for the City. COP 202(04/09/14)CF Page 6 of 26 I 1��r� Materials Management G r,11,°4 STANDARD Procurement * �1 `�* 9875 N.85 Ave.,2 FI. .o 195. TERMS AND CONDITIONS Peoria,Arizona 85345-6560 t00 Phone: (623)773-7115 Fax: (623)773-7118 23. TITLE AND RISK OF LOSS: The title and risk of loss of material and/or service shall not pass to the City until the City actually receives the material or service at the point of delivery,unless otherwise provided within this Contract. 24. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 25. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment of lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials or a default of any nature, at the option of the City, shall constitute a breach of the Contract as a whole. 26. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. 27. LIENS: All materials, service or construction shall be free of all liens,and if the City requests, a formal release of all liens shall be delivered to the City. 28. LICENSES: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 29. PATENTS AND COPYRIGHTS: All services, information, computer program elements, reports and other deliverables, which may be patented or copyrighted and created under this contract are the property of the City and shall not be used or released by the Contractor or any other person except with the prior written permission of the City. 30. PREPARATION OF SPECIFICATIONS BY PERSONS OTHER THAN CITY PERSONNEL: All specifications shall seek to promote overall economy for the purposes intended and encourage competition and not be unduly restrictive in satisfying the City's needs. No person preparing specifications shall receive any direct or indirect benefit from the utilization of specifications,other than fees paid for the preparation of specifications. 31. COST OF BID/PROPOSAL PREPARATION: The City shall not reimburse the cost of developing presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and • economically,providing adequate information in a straightforward and concise manner. 32. PUBLIC RECORD: All offers submitted in response to this solicitation shall become the property of the City and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the City's Procurement Code. However, subsequent to the award of the contract, any information and documents obtained by the City during the course of an audit conducted in accordance with Paragraph 19 above for the purpose of determining compliance by Contractor or a Subcontractor with the Contractor Immigration Warranty mandated by Paragraph 3 above shall remain confidential and shall not be made available for public review or produced in response to a public records request, unless the City is ordered or otherwise directed to do so by a court of competent jurisdiction. 33. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract, without prior written consent of the City. 34. DELIVERY ORDERS: The City shall issue a Purchase Order for the material and/or services covered by this contract. All such documents shall reference the contract number as indicated on the Offer and Contract Award(COP Form 203). 35. FUNDING: Any contract entered into by the City of Peoria is subject to funding availability. Fiscal years for the City of Peoria are July 1 to June 30. The City Council approves all budget requests. If a specific funding request is not approved,the contract shall be terminated. 36. DISCLAIMER: The City of Peoria, Arizona provides current and complete solicitation information for registered Plan Holders only. Updates, amendments and related information regarding the solicitation contained herein will be COP 202(04/09/14)CF Page 7 of 26 tiV0 Materials Management G -, � STANDARD Procurement * * 9875 N.z � TERMS AND CONDITIONS Peoria,Arizona 853 5-6560 its"; � Phone: (623)773-7115 Fax: (623)773-7118 delivered only to registered Plan Holders. The City assumes no liability or duty to so update or send any update to persons who are not Plan Holders. Any person who acquires these documents from any source other than the City website or directly from the Materials Management Division,has no assurance that the solicitation is valid. No person may amend this document,nor may any person publish it without this disclaimer. 37. PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment will be issued prior to receipt of material and/or services and correct invoice. 38. PROHIBITED LOBBYING ACTIVITIES: The Offeror, his/her agent or representative shall not contact, orally or in any written form any City elected official or any City employee other than the Materials Management Division,the procuring department,City Manager,Deputy City Manager or City Attorney's office (for legal issues only)regarding the contents of this solicitation or the solicitation process commencing from receipt of a copy of this Invitation for Bids and ending upon submission of a staff report for placement on a City Council agenda. The Materials Manager shall disqualify an Offeror's proposal for violation of this provision. This provision shall not prohibit an Offeror from petitioning an elected official after submission of a staff report for placement on a City Council agenda or engaging in any other protected first amendment activity after submission of a staff report for placement on a City Council agenda. 39. PROHIBITED POLITICAL CONTRIBUTIONS: Contractor during the term of this Agreement shall not make a contribution reportable under Title 16,Chapter 6,Article 1,Arizona Revised Statutes to a candidate or candidate committee for any city elective office during the term of this Agreement. The City reserves the right to terminate the Agreement without penalty for any violation of this provision. COP 202(04/09/14)CF Page 8 of 26 �yo SPECIAL TERMS AND Materials Management C�. CONDITIONS Procurement * ,� * 9875 N.85th Ave.,2"d FI. � Peoria,Arizona 85345-6560 �AN°SV Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 1. Purpose: Pursuant to provisions of the City Procurement Code, the City of Peoria, Materials Management Division intends to establish a contract for Street Signs and Hardware. 2. Authority: This Solicitation as well as any resultant contract is issued under the authority of the City Materials Manager. No alteration of any resultant contract may be made without the express written approval of the City Materials Manager in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the City Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of,but not limited to,contract cancellation,suspension and/or debarment of the contractor. 3. Offer Acceptance Period: In order to allow for an adequate evaluation, the City requires an offer in response to this Solicitation to be valid and irrevocable for ninety(90)days after the opening time and date. 4. Eligible Agencies: Any contract resulting from this Solicitation shall be for the use of all City of Peoria departments, agencies and boards. 5. Cooperative Purchasing: While this contract is for the City of Peoria, other public agencies and political subdivisions may express interest in utilizing the contract. In addition to the City of Peoria,.and with approval of the contractor, this contract may be extended for use by other eligible public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State). Eligible public agencies may elect to utilize the contract through cooperative purchasing(or piggybacking)on the contract and do so at their discretion. No volume is implied or guaranteed, and the contractor must be in agreement with the cooperative transaction. The Strategic Alliance for Volume Expenditures (SAVE), a group of school districts and other public agencies, have signed an intergovernmental cooperative purchase agreement to obtain economies of scale. As a member of SAVE, the City of Peoria will act as the lead agency. Any such usage by other participating public agencies must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective public agency. Potential participating public agencies (i.e. municipalities, school districts, nonprofit educational institutions, public health institutions, community facilities districts, and government agencies of the State) recognize potential equipment, logistical and capacity limitations by the contractor may limit the contractor's ability to extend use of this contract. Any orders placed to the contractor will be placed by the specific public agency participating in this purchase, and payment for purchases made under this agreement will be the sole responsibility of each participating public agency. The City of Peoria shall not be responsible for any disputes arising out of transactions made by others. 6. Contract Type: Fixed Price Term Indefinite Quantity 7. Term of Contract: The term of any resultant contract shall commence on the date of award and shall continue for a period of one(1)year thereafter,unless terminated,cancelled or extended as otherwise provided herein. 8. Contract Extension: By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight(48)months. 9. Affirmative Action: It is the policy of the City of Peoria that suppliers of goods or services to the City adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, and promote regardless of race, color, religion, gender, national origin, age or disability. The City of Peoria encourages diverse suppliers to respond to solicitations for products or services. 10. Shipping Terms: Prices shall be F.O.B. Destination to any location in the City of Peoria, delivered to the specified receiving point as required by the customer agency at the time of order. Contractor shall retain title and control of all goods until they are delivered and the contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the contractor. All claims for visible or concealed damage shall be filed by the contractor. The City will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for inspection. 11. Delivery: Delivery shall be made within ten(10)days of receipt of a purchase order. 12. Non-Exclusive Contract: Any contract resulting from this Solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Peoria. The City reserves the right to obtain like goods or services from another source when necessary. Off-Contract Purchase Authorization may only be approved by the City COP 209(04/09/14)CF Page 9 of 26 1 1,t y 0 SPECIAL TERMS AND Materials Management CONDITIONS Procurement >A' l� k I 9875 N.85"'Ave.,2nd FI. 4 19 '44 �„ Peoria,Arizona 85345-6560 4pg9 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Materials Manager. Approval shall be at the discretion of the City Materials Manager and shall be conclusive,however, approval shall be granted only after a proper review and when deemed to be appropriate. Off-contract procurement shall be consistent with the City Procurement Code. 13. Taxes: Prices offered shall include all applicable State and local taxes. The City will pay all applicable taxes. Taxes must be listed as a separate item on the price sheet attached to this Solicitation and on all invoices. 14. Warranty: Each offer shall include a complete and exclusive statement of the product warranty. 15. Price Adjustment: The City of Peoria Purchasing Office will review fully documented requests for price increases after any contract has been in effect for one (1)year. Any price increase adjustment will only be made at the time of contract extension and will be a factor in the extension review process. The City of Peoria Materials Management Division will determine whether the requested price increase or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the contract extension. 16. Price Reduction: A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice. 17. Discussions: In accordance with the City of Peoria Procurement Code, after the initial receipt of proposals, discussions may be conducted with offerors who submit proposals determined to be reasonably susceptible of being selected for award. 18. Insurance Requirements: The Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of A-, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted;failure to do so may,at the sole discretion of the City,constitute a material breach of this Contract. The Contractor's insurance shall be primary insurance as respects the City,and any insurance or self-insurance maintained by the City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the City. The insurance policies,except Workers'Compensation,shall contain a waiver of transfer rights of recovery(subrogation) against the City,its agents,representatives,directors,officers,and employees for any claims arising out of the Contractor's acts,errors,mistakes,omissions,work or service. The insurance policies may provide coverage which contain deductibles or self-insured retentions.Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies.The Contractor shall be solely responsible for the deductible and/or self-insured retention and the City,at its option,may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The City reserves the right to request and to receive,within 10 working days,certified copies of any or all of the herein required insurance policies and endorsements.The City shall not be obligated,however,to review same or to advise Contractor of any deficiencies in such policies and endorsements,and such receipt shall not relieve Contractor from,or be deemed a waiver of the City's right to insist on,strict fulfillment of Contractor's obligations under this Contract. The insurance policies,except Workers' Compensation and Professional Liability,required by this Contract,shall name the City,its agents,representatives,officers,directors,officials and employees as Additional Insureds. 19. Required Insurance Coverage: a. Commercial General Liability COP 209(04/09/14)CF Page 10 of 26 1,ty0 SPECIAL TERMS AND Materials Management C.' .' CONDITIONS Procurement *,�� * 9875 N.85`h Ave.,2"d FI. 4,6 �,, Peoria,Arizona 85345-6560 4'0 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011207 or any replacements thereof.The coverage shall not exclude X,C,U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause,nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20370704, and shall include coverage for Contractor's operations and products and completed operations. If required by this Contract the Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner's and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. b. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor's any owned, hired,and non-owned vehicles assigned to or used in performance of the Contractor's work. Coverage will be at least as broad as coverage code 1,"any auto",(Insurance Service Office, Inc. Policy Form CA 00010306, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. C. Workers'Compensation The Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted,the Contractor will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Contractor. 20. Certificates of Insurance: Prior to commencing work or services under this Contract, Contractor shall furnish the City with Certificates of Insurance, and formal endorsements as required by the Contract,issued by Contractor's insurer(s),as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies)required by this contract is(are)written on a"claims made"basis,coverage shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract,a renewal certificate must be sent to the City fifteen(15)days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title.A$25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. 21. Cancellation and.Expiration Notice: Insurance required herein shall not expire, be canceled, or materially changed without thirty(30)days prior written notice to the City. COP 209(04/09/14)CF Page 11 of 26 • SPECIAL TERMS AND Materials Management ., , '�' CONDITIONS Procurement * ��* - 9875 N.85thAve.,2 Fl. Peoria,Arizona 85345-6560 Olt Solicitation Number: P16-0065 Fax:ne: (623)773-7115 (623)773-7118 22. Evaluation: In accordance with the City of Peoria Procurement Code, awards shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the Invitation For Bid. 23. Independent Contractor: a. General i. The Contractor acknowledges that all services provided under this Agreement are being provided by him as an independent contractor,not as an employee or agent of the City Manager or the City of Peoria. ii. Both parties agree that this Agreement is nonexclusive and that Contractor is not prohibited from entering into other contracts nor prohibited from practicing his profession elsewhere. b. Liability i. The City of Peoria shall not be liable for any acts of Contractor outside the scope of authority granted under this Agreement or as the result of Contractor's acts,errors,misconduct,negligence,omissions and intentional acts. ii. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents,representatives,officers,directors, officials and employees from and against all claims,damages,losses and expenses(including but not limited to attorney fees, court costs,and the cost of appellate proceedings),relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor or any tier of subcontractor or any other person for whose acts, errors, mistakes,omissions,work or services the Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. C. Other Benefits The Contractor is an independent contractor, therefore, the City Manager will not provide the Contractor with health insurance, life insurance, workmen's compensation, sick leave, vacation leave, or any other fringe benefits. Further, Contractor acknowledges that he is exempt from coverage of the Comprehensive Benefit and Retirement Act (COBRA). Any such fringe benefits shall be the sole responsibility of Contractor: 24. Estimated Quantities: This solicitation references quantities as a general indication of the needs of the City. The City anticipates considerable activity resulting from contracts that will be awarded as a result of this solicitation; however,the quantities shown are estimates only and the City reserves the right to increase or decrease any quantities actually acquired. No commitment of any kind is made concerning quantities and that fact should be taken into consideration by each potential contractor. 25. Ordering Process: Upon award of a contract by the City of Peoria, Materials Management Division may procure the specific material and/or service awarded by the issuance of a purchase order to the appropriate contractor. The award of a contract shall be in accordance with the City of Peoria Procurement Code and all transactions and procedures required by the Code for public bidding have been complied with. A purchase order for the awarded material and/or service that cites the correct contract number is the only document required for the department to order and the contractor to delivery the material and/or service. Any attempt to represent any material and/or service not specifically awarded as being under contract with the City of Peoria is a violation of the contract and the City of Peoria Procurement Code. Any such action is subject to the legal and contractual remedies available to the City inclusive of,but not limited to,contract cancellation,suspension and/or debarment of the contractor. COP 209(04/09/14)CF Page 12 of 26 • ty� SPECIAL TERMS AND Materials Management c' �' OONDITIONS Procurement * ,�f f * 9875 N.85'h Ave.,2"d FI. ,� �,� Peoria,Arizona 85345-6560 tOit Solicitation Number: P16-0065 Phone:a (623) 5 773-711 26. Invoices: The Contractor shall submit invoices to the City of Peoria Accounts Payable Department,8401 W.Monroe St, Peoria AZ 85345. Invoices may also be submitted electronically to accountspayable@peoriaaz.gov_. 27. Billing: All billing notices to the City shall identify the specific item(s) being billed and the purchase order number. Items are to be identified by the name,model number,and/or serial number most applicable. Any purchase/delivery order issued by the requesting agency shall refer to the contract number resulting from this solicitation. 28. Current Products: All products offered in response to this solicitation shall be new and in current and ongoing production shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. 29. Product Discontinuance: The City may award contracts for particular products and/or models of equipment as a result of this solicitation. In the event that a product or model is discontinued by the manufacturer,the City at its sole discretion may allow the contractor to provide a substitute for the discontinued item. The contractor shall request permission to substitute a new product or model and provide the following: a. A formal announcement from the manufacturer that the product or model has been discontinued. b. Documentation from the manufacturer that names the replacement product or model. C. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation. d. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model. e. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model. 30. Inventory: The City of Peoria has an ongoing requirement for the material indicated in this solicitation. It is an express condition of any award that a contractor shall maintain a reasonable stock on hand for delivery to the requesting agency. Failure to maintain such a stock may result in cancellation. 31. Licenses: Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by the Contractor. 32. City of Peoria Business License: Peoria City Code requires that all persons conducting business in the City of Peoria must first obtain a license. This includes businesses within the Peoria city limits,or those outside the limits who conduct business or perform services within Peoria. For business license questions or to obtain a license,please contact the City of Peoria Sales Tax&License Division at(623)773-7160 or via email at salestax(a,peoriaAZ.gov. 33. Safety Standards: All items supplied on this contract shall comply with the current applicable Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards. 34. Confidential Information: a. If a person believes that a bid,proposal, offer, specification, or protest contains information that should be withheld, a statement advising the Materials Supervisor of this fact shall accompany the submission and the information shall be identified. b. The information identified by the person as confidential shall not be disclosed until the Materials Supervisor makes a written determination. C. The Materials Supervisor shall review the statement and information and shall determine in writing whether the information shall be withheld. COP 209(04/09/14)CF Page 13 of 26 tity() SPECIAL TERMS AND Materials Management C.' 06 CONDITIONS Procurement * ,U * 9875 N.85th Ave.,2"�FL ,<s. � Peoria,Arizona 85345-6560 4'00 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 d. If the Materials Supervisor determines to disclose the information, the Materials Supervisor shall inform the bidder in writing of such determination. 35. Confidentiality of Records: The contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that information contained in its records or obtained from the City or from others in carrying out its functions under the contract shall not be used or disclosed by it, its agents, officers, or employees,except as required to efficiently perform duties under the contract. Persons requesting such information should be referred to the City. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of contractor as needed for the performance of duties under the contract. 36. Identity Theft Prevention: The Contractor shall establish and maintain Identity Theft policies,procedures and controls for the purpose of assuring that "personal identifying information," as defined by A.R.S. § 13-2001(10), as amended, contained in its records or obtained from the City or from others in carrying out its responsibilities under the Contract, is protected at all times and shall not be used by or disclosed to unauthorized persons. Persons requesting such information should be referred to the City. Contractor also agrees that any"personal identifying information" shall not be disclosed other than to employees or officers of Contractor as needed for the performance of duties under the Contract. Contractor agrees to maintain reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft. Contractor is required under this contract to review the City of Peoria's Identity Theft Program and to report to the Program Administrator any Red Flags as defined within that program. At a minimum, the contractor will have the following Identity Theft procedures in place: a. Solicit and retain only the "personal identifying information" minimally necessary for business purposes related to performance of the Contract. b. Ensure that any website used in the performance of the contract is secure. If a website that is not secure is to be used, the City shall be notified in advance before any information is posted. The City reserves to right to restrict the use of any non-secure websites under this contract. c. Ensure complete and secure destruction of any and all paper documents and computer files at the end of the contracts retention requirements. d. Ensure that office computers are password protected and that computer screens lock after a set period of time. e. Ensure that offices and workspaces containing customer information are secure. f. Ensure that computer virus protection is up to date. 37. Multiple Awards: In order to assure that any ensuing contracts will allow the City to fulfill current and future requirements, the City reserves the right to award contracts to multiple companies. The actual utilization of any contract will be at the sole discretion of the City. The fact that the City may make multiple awards should be taken into consideration by each potential contractor. 38. Contract Termination: Any contract entered into as a result of this Solicitation is for the convenience of the City and as such,may be terminated without default by the City by providing a written thirty(30)day notice of termination. 39. Cancellation: The City reserves the right to cancel the whole or any part of this contract due to failure by the contractor to carry out any obligation, term or condition of the contract. The City will issue written notice to the contractor for acting or failing to act as in any of the following: a. The contractor provides material that does not meet the specifications of the contract; b. The contractor fails to adequately perform the services set forth in the specifications of the contract; c. The contractor fails to complete the work required or to furnish the materials required within the time stipulated in the contract; d. The contractor fails to make progress in the performance of the contract and/or gives the City reason to believe that the contractor will not or cannot perform to the requirements of the contract. COP 209(04/09/14)CF Page 14 of 26 �,� o SPECIAL TERMS AND Materials Management * -=,�,�. CONDITIONS Procurement /1 * 9875 N.85t Ave.,2nd FI. Peoria,Arizona 85345-6560 4'00 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Upon receipt of the written notice of concern,the contractor shall have ten(10)days to provide a satisfactory response to the City. Failure on the part of the contractor to adequately address all issues of concern may result in the City resorting to any single or combination of the following remedies: a. Cancel any contract; b. Reserve all rights or claims to damage for breach of any covenants of the contract; c. Perform any test or analysis on materials for compliance with the specifications of the contract. If the results of any test or analysis find a material non-compliant with the specifications, the actual expense of testing shall be borne by the contractor; d. In case of default,the City reserves the right to purchase materials,or to complete the required work in accordance with the City Procurement Code. The City may recover any actual excess costs from the contractor by: i. Deduction from an unpaid balance; ii. Collection against the bid and/or performance bond,or; iii. Any combination of the above or any other remedies as provided by law. 40. Contract Default: The City, by written notice of default to the contractor, may terminate the whole or any part of this contract in any one of the following circumstances: a. If the contractor fails to make delivery of the supplies or to perform the services within the time specified;or b. If the contractor fails to perform any of the other provisions of this contract;and fails to remedy the situation within a period of ten(10)days after receipt of notice. In the event the City terminates this contract in whole or part,the City may procure supplies or services similar to those terminated,and the contractor shall be liable to the City for any excess costs for such similar supplies or services. 41. Protest Policy and Procedures: The City of Peoria protest policy and procedures are available for review at the following public websites and as per ARS 34-603.C.2(f). a. The City of Peoria Protest Policy and Procedures are available online at http://www.peoriaaz.gov/newsecondary.aspx?id=2071. The policy is contained within the City of Peoria Procurement Code, Chapter 2- Administration, section 2-321. Procurement Code Protests;Informal and Formal. b. The specific protest procedures are contained in the Materials Management "Procurement Administrative Guidelines" and can be accessed at http://www.peoriaaz.gov/NewSecondarv.aspx?id=54937 in the "Downloads" box on the right side of the web page. COP 209(04/09/14)CF Page 15 of 26 t11"a SPECIFICATIONS Materials Management Procurement * ; * 9875 N.85th Ave.,2nd FL oci���: Peoria,Arizona 85345-6560 t�pSV Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 INTENT The City of Peoria has a requirement for street signs and hardware.It is the City's intent to contract for these items. The signs and hardware specified are to be stocked by the City's Inventory Control Division to meet the needs of the Streets Department.The specific items required are listed on the Price Sheet portion of the solicitation. II. TECHNICAL SPECIFICATIONS A. ALUMINUM TRAFFIC SIGNS Each sign shall be degreased, etched, alodine coated in accordance with MIL-C-5541 B, packaged for protection from dust and moisture, with the sign blanks ready for application of either paint or reflective sheeting. Each sign shall be made of 5052-H38 or better Alloy,governed by A.S.T.M. specification B-209-73 or latest revisions. Each sign shall be furnished with standard 3/8 inch hole locations and corner radii, unless otherwise noted,as shown on diagram 1-8. Traffic signs shall be of .080 (unless otherwise noted) anodized new aluminum with rounded corners, in accordance with the "Manual on Uniform Traffic Control Devices" latest edition, as prepared by the Federal Highway Administration. B. REFLECTIVE SHEETING Reflective Sheeting used in the fabrication of traffic control signs shall meet the requirements of the FHWA specifications FP-96 and ASTM(D 4956)modified as noted hereinafter.All finished signs shall have matched component systems. Sheeting will be classified by type in accordance with Federal Standard Specifications FP- 96 and ASTM(D4956)and the following: 1. TYPE IV SHEETING Type IV is a high-intensity prismatic retro-reflective sheeting that shall meet or exceed 3M ScotchliteTM High Intensity Grade 3930 Series with 800 Series Process Inks. The sheeting shall be pressure sensitive adhesive. 2. TYPE XI SHEETING Type XI is a super-high-intensity retro-reflective sheeting having highest retro-reflective characteristics at long,medium and short road distance as determined by the RA values at 0.2 degrees, 0.5 degrees, and 1.0 observation angle. This material is a non-metallized micro prismatic retro- reflective element material that shall meet or exceed 3M DG3 diamond grade material. III. ESTIMATED QUANTITIES This solicitation references quantities as a general indication of the needs of the City. The City anticipates considerable activity resulting from contracts that will be awarded as a result of this solicitation; however, the quantities shown are estimates only and the City reserves the right to increase or decrease any quantities actually acquired. COP 205(04/09/14)CF Page 16 of 26 1'vYO SPECIFICATIONS Materials Management ( Procurement * ,�f '>ti 9875 N.85`h Ave.,2nd FI. ,A Peoria,Arizona 85345-6560 S Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Where a quantity of one(1)is shown the annual usage quantity is unknown. No commitment of any kind is made concerning quantities and that fact should be taken into consideration by each potential contractor. IV. PRICING A. Listed Items: Bidders shall provide individual pricing, manufacturer name and product number for each item listed on the Price Sheet portion of this solicitation,submitting one price for each item. Bidders shall subtotal requested items. B. In addition to prices bid for the items identified on the Price Sheet,the bidder shall also provide a statement of applicable discount percentages off catalog/price list for all other signs and hardware not listed on Price Sheet. The percentage discount offered on the Price Sheet shall also reflect the same percentage discount off on catalog/price list items. Updates on referenced catalog/price lists for discount percentages offered on non- specified items shall be provided at no cost to the City. C. The City's intent is to order signs in multiples of ten(10)where practicable. D. All prices shall include shipping. V. DELIVERY Delivery shall be made within ten(10)days of receipt of a purchase order. VI. Brand Names Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing the quality level, design and performance desired. Such references are not intended to limit or restrict bidding by other vendors but are intended to establish the quality, design or performance which is desired.Any offer which proposes like quality,design or performance will be considered. Any offer which includes an"equal"item must include the specifications for that item. COP 205(04/09/14)CF Page 17 of 26 1TYp PRICE SHEET Materials Management C.) 46 Procurement * \ * 9875 N.85`h Ave.,2nd Fl. U''. Peoria,Arizona 85345-6560 40 ti� Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price Note:The numbers shown for each sign represent the City of Peoria inventory numbers,and should not be mistaken for manufacturer numbers. #960 Sign,Blank 24"x6" 1 Part#: � {"�9-t 40 EA $� .(off $ CY.DO Manufacturer: p14--S See Page 28 Diagram 2 #964 Sign,Blan`�•48"x6" Part#: 77 O7/1/DC"" � 2. I EA $ 7, $ 57:µ Manufacturer: 5 See Page 28 Diagram 2 #965 Sign,Blank 12"x12" Part#: "l a-�')- 3. p S 1 EA. $2�4*12 $ °�'d Manufacturer: See Page 28 Diagram 2 #966 Sign,Blank 18"x12" 4. Part#:Ot Z / 200 EA $ i.C/d $ -7$O„do Manufacturer:944-S See Page 27 Diagram 1 968 Sign,Blank 36"x12" 5. Part#:®�� l 110 EA $ 7.ga $ Moo • Manufacturer:-)- S See Page 27 Diagram 1 #970 Sign,Blank 18"x18" 6 Part#:�D ��/Y 20 EA $s FS— $ i/7-D0 Manufacturer: fl1-I5 _ See Page 27 Diagram 1 #971 Sign,Blank 24"x18" 7 Part#:!�w Z 150 EA $7. 70,00 Manufacturer:__2 44-5 See Page 27 Diagram 1 #973 Sign,Blank 24"x24" Part#:0'gz22.1 3-4-/ 8. 23 EA $ Manufacturer: 144S See Page 27 Diagram 1 #975 Sign Blank 36"x24" Part#: ` 69 2-3/ 9• Manufacturer: 1245 30 EA $/576.47 $ZY68.c See Page 27 Diagram 1 COP 223 (04/09/14)CF Page 18 of 26 I CtiVY PRICE SHEET Materials Management Procurement *, * 9875 N.85th Ave.,2"d Ft. Peoria,Arizona 85345-6560 tog' Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price #976 Sign,Blank 48" 24" Part#:tF(/`tg2- 10. 10 EA $?L' st./7 $42_0Y.02 Manufacturer: 121-3r5 See Page 27 Diagram 1 #977 Sign,Blank 30"x30" 11. Part#: 3 120 EA $ $/ g Z' ' ' Manufacturer: See Page 29 Diagram 3 #979 Sign,Blank Bare 36"x36" Part#:a ?j4,36' 12. 13 EA $2.3.`1419 $3e i& Manufacturer: 05 See Page 29 Diagram 3 #981 Sign 24"x6"Dbl Face Part#:e%tP 13. 40 EA $fo far $;49,6• Manufacturer:17J S See Page 28 Diagram 2 #982 Sign,30"x6" Dbl Fa e Part#: C7sfrD34517 , 14. 20 EA $ 4 D $/e94'.°a Manufacturer: 9/4.5 See Page 28 Diagram 2 #983 Sign 36"x6"Dbl ace High Intensity White Part#:aGit f!iG�i34i 317 15. 1 EA $9.1s Manufacturer: PAS See Page 28 Diagram 2 #984 Sign,42",x�DD��a�-c� High Intensity White 16. Part#:( l 1 EA $ $ f j,66-- Manufacturer: 17S _ See Page 28Diagram 2 #985 Sign "x6"Dbl Face High Intensity White Part#op�`irc4,3,3° 17. 10 EA $ /5•� $03. Manufacturer: -S See Page 28 Diagram 2 #988 Sign, 18"x18"0M4-2 Type IV Hi Intensity w/Graffiti P mart#:[7/� '�'b 'O'3 2/M,t t[�. 5-2)18. Fil 10 EA $`�./� $/ 7 Manufacturer: See Page 29 Diagram 3 #991 Sign,Blank 30"x24" requires T e IV Sheet Part#:L'i J�� '3 30 _ ,t� ,ap 19. s 280 EA $ 9 $ y i a Manufacturer. See Page 27Diagram I COP 223 (04/09/14)CF Page 19 of 26 1TYp PRICE SHEET Materials Management „e,� Procurement * * 9875 N.85th Ave.,2"d FI. Peoria,Arizona 85345-6560 t00� Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price #2064 Sign Blank,Bare 48"x 30" 20. Part#:t 0 330 1 EA $)-6. c�^7 $ Manufacturer: t7 — See Page 27 Diagram 1 #2480 Sign,Blank 48"x 36"No Holes 21. Part#: 1 EA $3/• ' $3f. Manufacturer:po See Page 27 Diagram 1 #2515 24"x9"Sign Dbl Faced Type IV Part#. 22. �� ���9 3� 20 EA $ q10 $ Manufacturer: See Page 28 Diagram 2 #2516 30"x9"Sign Dbl Faced Type IV 23. Part#: d 1 3/ 1 EA $_/o• S-17 $ •59 Manufacturer:DAS See Page 28 Diagram 2 #2517 36"x9"Sign Dbl Faced Type IV 24. Part#: Or`D 3&° •3 3 v d 1 EA $ . /S $ /O — Manufacturer: ppys See Page 28 Diagram 2 #25-18 42"x9"Sign Dbl Faced Type IV 25. Part#: 10 EA $ 7• y.c- $ _7 �fl Manufacturer:Dos See Page 28 Diagram 2 #2520 36"x30"Blank,Bare,Universal Hole Pat. Part#:04 d0Z7 26. 10 EA $ f[© • ro $��l • �D Manufacturer: 3 See Page 27 Diagram 1 #2522 Sign 30'jSchoQ,l Xing Blank,Bare Part#: Or � �' 27' Manufacturer: PS 20 EA $1� .l• a`� $ ,J •°17 See Page 31 Diagram 5 _...— #2524 Sign BI nk 24"x12"Blank,Bare Universal Hole Pattern O - Part#: '1 Z 28. Manufacturer: '� S 20 EA $ 5• $ Pi•�t7 See Page 29 Diagram 3 COP 223 (04/09/14)CF Page 20 of 26 • 11Y p PRICE SHEET Materials Management Cdtt: Procurement * 9875 N.85th Ave.,2nd FI. ��os. ,�� Peoria,Arizona 85345-6560 ,A ef, 4'00 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price #2990 Sign,STOP,30"x30".080 gauge,w/High Intensity& Anti Graffiti Film 29. Part#:gf—� �iro'3a3g50/C17 30 EA $ �.Yj $ Manufacturer: fP' See Page 31 Diagram 5 • #3031 30"x12"Sign,Blank Part#: �,p J 30. Manufacturer: � � 1 EA $6P` o $ �� See Page 31 Diagram 5 #3100 24"x 10"Sign,Blank w/2 3/8"holes,central on 24"Sides T�LL �^ 31. Part#:O�f v g i0 1 EA s v. - c' $ •3 Manufacturer: f2tSS See Page 31 Diagram 5 42"x9"Sign,Dbl Faced,.125 gauge,Type IV, White,Non- Punched � 32. Part#: j a rid"' tr 3 9 3 P. 1 EA $ 3-O•°/O $2L9 Manufacturer:'D( -5 48"x9"Sign,Dbl Faced, .125 gauge,Type IV, White,Non- Punched 33. Part#: 1 EA $ 3.g0 $ 3. ��t,���0'���� Manufacturer: 124S 36"Sign,Blank,School Xing,Punched 34. Part#:0�3� 1 EA $?3.,,IITD $ LiC7 Manufacturer: V S-$ �3• See Page 31 Diagram 5 24"x9"Si n,Blannk 35. Part#:arc 2-`/ 1 EA $'3•96 $ -7D Manufacturer: 'j ' 36"Sign,Blank Round,Punched 1 %2"from Top and Bottom 36. Part#: bCi 1 EA $_2-mil' .�G $ 23. Manufacturer: 36"Sign,Blank,Yield Punched 1 %2"from Top and Bottom 37. Part#:Z2,51734 Z/tI 1 EA $ i t7•Sd $/12. yv Manufacturer:D S 36"x36"Sign,Blank,Square and Diamond(hole patterns) Part#: OP 343.91'o 38. Manufacturer: 1)14-S 1 EA $ %` 7.1-0 $)-3. See Page 29 Diagram 3 COP 223 (04i09n 4)CF Page 21 of 26 , 1 1TY0 PRICE SHEET Materials Management G _�„t.tt Procurement * *` 9875 N.85'h Ave.,2nd Fl. •0 Peoria,Arizona 85345-6560 t0SN� Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price 18"x6"Sin,Blank 39. Part#: G ;I P762 a Manufacturer: VAS EA $f'�`� $ • !,� See Page 27 Diagram 1 24"xl0"Sign, Blank 40. Part#: C7 it" � 1 EA $ V•30 $ T .10 Manufacturer: See Page 27 Diagram 1 Hardware Note: The City is currently purchasing hardware from Zumar industries. The beginning number for each item represents the City of Peoria inventory number,and should not be mistaken for manufacturer numbers. The part numbers you need to cross reference are at the end of the description and are underlined. #1008 Bracket,Sign Banding D022-50/box 41. Part#: 1709'9- 2 BOX $ /IV $ 2.0n.ce7 Manufacturer: 136'4- 1T #1009 Bracket,Sign 134SF,5 '/"W 42. Part#: /144 54Zr— 1 EA $ 4•47 $( 37 Manufacturer: 1, _ #1011 Bracket, Sign 922SF,5 '/"W 43. Part#: 1 3 5 ?— 1 EA $ A(7 $ OtP i,� Manufacturer: ,l #1012 Bracket,Sign 990SF,5 '/"W 44. Part#: 13VSaF--3 1 EA $PP-oc7 $ fe . � Manufacturer: .I4/4 Bracket,Sin 12"�oun� 45. Part#: a. � P -/ 1 EA $/). $ J -- Manufacturer: 1-144 _ Bracket,SiA 1 "Square 46. Part#: 1 EA $ig•Dv $( 2- • Manufacturer: Bracket,Sin 12"Cros Part#: 47. Manufacturer: 060 1 EA $I2 , $I/� COP 223 (04/09/14)CF Page 22 of 26 Yo PRICE SHEET Materials Management C .6 Procurement *.w 9875 N.85th Ave.,2"FL A >;• Peoria,Arizona 85345-6560 �OR4' Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Company Name: Unit Extended Item Description of material and/or services Quantity Unit Price Price #1013 Branding Metal 100'x.030 Ga. 48. Part#: G a 8 EA $ . 7r $Y/D'4)C7 Manufacturer: 1.3i'N'n"'17 #1015 Buckle,Sign Banding 1/4" 49. Part#: G'2 % ' L�1 Manufacturer:_ "V7 1 Qo f&QK, Bo( 3,00 , 11 J.•. #1016 Post,Square, 1 3/4"sq.x 144" 12 gauge � 50. Part#: i 3 ?rewl'?2 1 EA $LP. �S $ L/p cG • Manufacturer: x #1018 Post,Square,2"sq.x 30"long 12 gauge 51. Part#: 100 EA $ 7,'3-0 $g'j Manufacturer: #1019 Post,Square, 1 3/4"sq.x 120" 12 gauge 157 52. Part#: I3 7s 3 lit J 100 EA $`3 ►moo $ l Manufacturer: b( Delivery shall be made-7- /0 days ARO Discount offered off price sheet/catalog for signs Discount offered off price sheet/catalog for hardware o.0 Subtotal: $ 7/•'? Tax Rate g.Co %Taxes: $ ' /SW55 Total: aa,qa.. 15 iL COP 223 (04/09/14)CF Page 23 of 26 1IY O QUESTIONNAIRE Materials Management G .6 Procurement * * 9875 N.85th Ave.,2°d Ft. Peoria,Arizona 85345-6560 4'00 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Please list a minimum of three (3) clients whom the Materials Management Division may contact: 1. Company: /g 1 ' 5 t t✓r �Q Contact: /2p t 0-e A r Address: 7r L Dn-- Phone: Email: . • t4,4'P Type of Work: IN 51A-)l cos$0,-(4'"y`_- 2. Company: 7n W N C 4 1.4 T Contact: VevtA�4ql25 Address: j N 1. t- 5-2..3 y Phone: k 4 5 °3 r CD'l I Email: G r t 3)<J3fiL-114-7---r,7%, Type of Work: 3. Company: S Contact: 1< 1k t Address: �d f3d)C ►D 3&• Phone: 603-3 6)(5C0 ` ' Email: i( (`r 16r,.-4.S !Z j 24A1,!+-. c� Type of Work: COP 223 (04/09/14)CF Page 24 of 26 11Y0 QUESTIONNAIRE Materials Management C.) _eas+6 Procurement * 9875 N.85th Ave.,2"d Fl. q �� * Peoria,Arizona 85345-6560 A�,'OR4�'4'' Solicitation Number. P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Bidder acknowledges that NO changes to the City's Insurance Requirements, Indemnification and Document Use requirements will be granted, and that any changes or modifications requested may result in the offeror's proposal being rejected. Yes ❑ No If no, give reason below Bidder acknowledges acceptance of the City of Peoria's Standard Terms and Conditions and Special Terms and Conditions and takes no exceptions. Yes ❑ No If no, give reason below COP223 (04l09l14)CF Page 25 of 26 4 11Y0 QUESTIONNAIRE Materials Management G _ea,,o6 Procurement * * 9875 N.85`h Ave.,2nd FL "" Peoria,Arizona 85345-6560 k00 Solicitation Number: P16-0065 Phone: (623)773-7115 Fax: (623)773-7118 Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? n Yes K.\To If yes, please provide details and documentation of the certification. COP 223 (04/09/14)CF Page 26 of 26 4 Diagram 1 F 'D f— I i Jr , -EP - B R o „..._.>i C A ► PS# A B C D E F R Gauge 966 18 12 9 3 6 3 1.500 .080 968 36 12 18 3 6 3 1.500 .080 971 24 18 12 3 9 3 1.500 .080 _ 975 36 24 18 3 12 3 1.500 .080 976 48 24 24 3 12 3 1.875 .080 991 30 24 15 3 12 3 1.500 .080 2520 36 30 18 3 12 3 2.000 .080_ 2524 24 12 12 3 6 3 1.500 .080 _ 24 10 12 3 1.500 .080 18 6 9 1 1/2 3 1 1/2 1.500 .080 ( All dimensions are in inches ) Hole diameter is 3/8 inches unless otherwise noted ( Not to Scale ) Diagram 2 I 1 R B . < A > PS# A B R Gauge 960,981 24 6 1 .080 982 30 6 1 .080 983 36 6 1 .080 984 42 6 1 .080 964,985 48 6 1 .080 2515 24 9 1 .080 2516 30 9 1 .080 2517 36 9 1 .080 2518 42 9 1 .080 2519 48 9 1 .080 ( All dimensions are in inches ) (Not to Scale) Diagram 3 ' C 4— 1 (- C Q E 0 0 B 1 R E 0 C t ► C . - D 4 4 A ► PS# _ A B C D E R Gauge 970 18 18 3 3 9 2 .080 973 24 _ 24 3 3 12 2 .080 977 30 30 41/2 3 15 2 .080 988 18 18 3 N/A N/A 2 .080 36 36 41/2 3 3 2 A .080 ( All dimensions are in inches ) Hole diameter is 3/8 inches unless otherwise noted ( Not to Scale ) a. 4 Diagram 4 4-- c —� • A 0 1 A PS# A B C Gauge 2990 30 3 15 .080 ( All dimensions are in inches ) Hole diameter is 3/8 inches unless otherwise noted ( Not to Scale ) Diagram 5 45° A • C • A ► PS# A B C 0 R Gauge 2522 30 24 3 15 2 .080 36 30 3 18 1.5 .080 ( All dimensions are in inches ) Hole diameter is 3/8 inches unless otherwise noted ( Not to Scale ) { 9 EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND INTERWEST SAFETY SUPPLY, LLC [Materials Order] See following pages (to be attached subsequent to execution). 4847-5181-1736,v.2 ��A N;�jl • CONTRACT/GRANT INFORMATION SHEET-NEW CONTRACT that is 01" Date: 6/4/2019 Staff's Name:Justin T. Weldy Department:30 Vendor's Name: Interwest Safety Supply LLC Vendor Number: 1714 Address:1714 West Lincoln Street Phoenix, AZ 85007 Phone:623-215-7332 Received W9:❑ Y N ® ALREADY IN SYSTEM Business License#:Pending Exp. Date: Click here to enter a date. ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: 100 Various Accounting Code: 200 Various Accounting Code: 300 Various TBD(used for variety of different Choose an item. things/departments/funds): CONTRACT SUMMARY Contract Number Assigned: 2019-095 Current Contract Total: $119,823.17 Total Contract Amount with Renewals: $199,823.17 Brief Description of Service: Signs and Hardware Supplies If Renewable: Original Total #of Renewals Max: 2 FY Cumulative Vendor Totals: Does this Contract put it over$50,000 ® Yes n No Contract Beginning Date: 6/18/2019 Contract Expiration Date: 6/23/2020 Budgeted Expenditure: ® Yes ❑ No Budget Page#: 285 Approved by Council: ® Yes; Date: 6/18/2019 ❑ No N/A Insurance Certificate provided: ® Yes n No N/A Warranty Period: ❑ Yes ❑ No If Yes, expires Click here to enter a date. Estimated Start Date: 6/18/2019 Estimated Completion Date: 6/23/2020 GRANT SUMMARY Paid for by Grant: Yes ❑ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: I Revised 12/21/16 I REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Date of Request:5/28/2019 Justin T.Weldy Date Director Approved Request: 602-721-2646 jweldy@fh.az.gov ;/28/2019 Procurement Approval by: Craig Rudolphy Due Date (From Town Attorney's office): 5/29/2019 5/4/2019 • Deadline for return of request from Legal is 10 Yes ® No: ❑ -Contact Finance Director business days after Procurement Approval. Council Meeting Date: 6/18/2019 • Deadline for completed packet items submitted to Item does not require Council approval ❑ the Town Clerk - 12 PM the Wednesday 2 weeks prior to the date of the Council meeting. Request for Legal staff: Prepare the third amendment to COOPERATIVE PURCHASE AGREEMENT C2017-043 between the Town of Fountain Hills and Interwest Supply LLC, to provide signs and hardware, in the amount of$119,823.17 Proposed Agenda Language (if applicable): Consent Agenda Item ❑ Regular Agenda Item CONSIDERATION of approving the third amendment to contract C2017-043 between the Town and Interwest Safety Supply LLC,to provide signs and hardware Vendor/Consultant/Agreement/Agency Information: Contact Name: Kevin DeRuiter Entity Name: Interwest Safety Supply LLC Entity Address: 1714 W Lincoln Street Phoenix AZ 85007 Entity Phone, Fax and E-mail address: 623-215-7332 623-243-5706 kevin@deserthighwaysigns.com Town of Fountain Hills Business License Number: PENDING Arizona Corporation Commission File Number: R20066125 Documents Requested: ElPA(Purchase)/Amendment ❑ Ordinance# (Draft attached Y//N) ❑ IFB (Invitation for Bid) Publication Dates for Zoning Actions: El RFQ (Request for Qualifications) ❑ Resolution# (Draft attached Y//N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA(Construction)/Amendment ElDeed (Specify Type) ❑ QSP ❑ IGA/Amendment(Corresponding Resolution Cooperative Purchasing Agreement Approval Required) ❑ Other ❑ PSA/Amendment Required Contract/Agreement Information: Method of Vendor Selection:CPA Term of Contract/Agreement: June 24, 2018-June 23,2019 Contract Amount(this contract): $119,823.17 Cumulative Contract Amount:$179,823.17 Brief description of services/goods being sought: Roadway signs and hardware Contract#assigned: C2017-043 Funding Source: Various Project No. Budget Transfer Required: ; if yes, attach appropriate documentation Staff Check List: A"request for legal services form"will be returned if submitted without the necessary information and attachments. *Scope of Work or Specifications Attached *QSP Document Attached *Fee Proposal or Price Sheet Attached *Underlying Cooperative Purchasing Agreement Attached g:\streets\fy 19-20\interwest safety supply\rfls interwest 19-20.docx Rev. 12/2016 1 TOWN OF FOUNTAIN HILLS 144, tP z r, TOWN COUNCIL • " "' • AGENDA ACTION FORM that is 01 Meeting Date: 6/18/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF authorizing the Town Manager to secure a contract with a firm to represent and lobby on behalf of the Town of Fountain Hills relating to the possibility of the FAA changing Phoenix Sky Harbor Airport flight paths. Applicant: None Applicant Contact Information: Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): At the Town Council meeting on June 4, 2019, Mayor Ginny Dickey reported that she had sent a letter to the FAA regarding concerns of potential changes to Phoenix Sky Harbor Airport flight paths that may negatively affect the air space above Fountain Hills. The City of Scottsdale recently conducted a number of meetings with its residents to seek input on proposed changes to the flight paths due to complaints from residents. Unfortunately, the City of Scottsdale failed to notify Fountain Hills or Fort McDowell about the meetings or the impact that some of the proposed flight paths would have on our communities. Scottsdale hired a lobbying firm to assist in influencing the FAA in its future decision to modify the flight paths. Due to the importance of this issue on the quality of life of our residents and the fast pace that this has taken to date, it is recommended that the Town of Fountain Hills secure the services of a lobbying firm to represent the interests of the Town of Fountain Hills. Specifically, the scope of services will include the following: • Research and stay on top of the proposed changes to the Phoenix Sky Harbor flight paths • Develop strategies that protect the Town's interests • Represent and communicate the Town's position before the FAA, City of Phoenix Airport Authority, Members of Congress, and other entities on flight paths that negatively impact Fountain Hills and recommend alternatives • Provide regular written status reports to the Town of Fountain Hills • Periodically give presentations to the Town Council Risk Analysis (options or alternatives with implications): It is important for the Town of Fountain Hills to protect our community's interests relating to air traffic over Fountain Hills. Maintaining the status quo and not communicating the Town's position will likely result in undesirable flight path changes over Fountain Hills. Lobbying firms have relationships with members of Congress, agency heads, and others involved in critical Page 1 of 2 decision-making or agency oversight, so while it doesn't necessarily guarantee that the Town prevents the flight paths from changing, it does ensure that the Town's concerns are communicated and heard. Fiscal Impact (initial and ongoing costs; budget status): The fiscal impact of possible flight path changes over Fountain Hills is unknown at this time. Budget Reference (page number): N/A— budget book document is not published yet. Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends that the Town Council authorize the Town Manager to secure a contract with a lobbying firm to represent Fountain Hill's interests relating to proposed changes to flight paths. List Attachment(s): Letter dated May 22, 2019 to the FAA from Mayor Ginny Dickey May 22, 2019 Article from the Scottsdale Independent SUGGESTED MOTION (for Council use): Move to authorize the Town Manager to secure a contract with a lobbying firm to represent and lobby on behalf of the Town of Fountain Hills with the FAA, Phoenix Sky Harbor Airport, members of Congress, and other interested parties; and report back to the Town Council on August 13, 2019, about the firm secured and anticipated costs. Prepared by: Approved: . \A1(4°44 -- NA 6/11/2019 Grady E. Miller,Tow nager 6/11/2019 Director's Approval: NA 6/11/2019 Page 2 of 2 zA TOWN OF FOUNTAIN HILLS ASKTOWN COUNCIL •` AGENDA ACTION FORM 9!lrh.t-�...�-dap Meeting Date: 6/18/2019 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Economic Development Staff Contact Information: James Smith, Economic Development Director, 480-816-5104 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF AUTHORIZING the Town Manager to apply for a matching grant of up to $75,000 through the National Endowment for the Arts' Our Town program for the purpose of supporting potential enhancements to and an event related to a celebration of the 50th anniversary of the fountain. Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: 2017 Strategic Plan—Create and Expand Destination Events Staff Summary (background): Our Town is the National Endowment for the Arts' creative placemaking grant program. The funded projects require a partnership between a local government entity and at least one non- profit organization that is cultural in nature. It is intended that these projects also engage other sectors (such as agriculture and food, economic development, education and youth, environment and energy, health, housing, public safety, transportation, and workforce development). Matching grant amounts range from $25,000 to $200,000, with the Town's financial commitment being equal to the grant's award amount. Town staff was just recently made aware of this opportunity, which has deadlines in early to mid-August, and is currently evaluating potential non-profit partners and the scope of the submittal. The grant has broad parameters that we believe fit well with both the potential infrastructure enhancements related to the fountain as well as an event to celebrate its creation and its importance to the Town. The grant program encourages government entities to submit projects that: - Bring new attention to or elevate key community assets and issues, voices of residents, local history, or cultural infrastructure; - Inject new or additional energy, resources, activity, people, or enthusiasm into a place, community issue, or local economy; - Envision new possibilities for a community or place — a new future, a new way of overcoming a challenge, or approaching problem-solving; and - Connect communities, people, places, and economic opportunity via physical spaces or new relationships. The projects to be funded must integrate arts, culture, and design activities into efforts that strengthen communities by advancing local economic, physical, and/or social outcomes. Again, staff believes that those Page 1 of 3 identified activities seem applicable to the fountain improvements and the celebration thereof, including: arts festivals, performances of music, theater, dance and/or media, public art, public space design (including parks, plazas and landscape). The objectives and improvements that are identified for Our Town projects include: - Economic Change: This includes local business growth, job creation, in-migration and tourism, all of which are anticipated to be discussed in our grant application. - Physical Change: This includes physical improvements that occur to the built and natural environment, with beautification and/or enhancement of the physical environment, new construction, and redevelopment (including arts, culture, and public space). We believe our response to this solicitation could include enhancements to the fountain, particularly lighting enhancements. In addition, Social Change and Systems Change are also identified outcomes and these will be addressed in our formal response also. Economic Development and Community Services requests authorization from Council to pursue the Our Town grant in order to make enhancements to the fountain and to enhance the event celebrating its creation and importance. This event is important to recognizing the historical significance of the fountain and its importance to the Town going forward. It may also provide an opportunity to bring exposure to Fountain Hills to Phoenix Metro area residents that have never been to the Town. Grant resources are essential to fully realize the potential of the fountain as a placemaking amenity and to conduct a celebration event that is commensurate with its importance. While the fountain enhancements and the event are still being evaluated, we believe that a total of$150,000 (a $75,000 commitment from the Town and $75,000 in grant funding)will provide adequate resources for the majority of planned projects to be implemented. If the Town is awarded the grant, which is likely to be announced in April 2020, funds will be available on or about July 1, 2020. This would allow for funding to be available for the event which is planned for December 2020. Risk Analysis (options or alternatives with implications): If the grant funding is awarded to the Town, then a financial commitment, anticipated to be $75,000, to the project will be necessary and adherence to the grant timelines and reporting guidelines will be required. Other key factors related to requirements of the grant include that the Town must submit performance measures related to success, maintain project documentation for up to three years, and that staff participate in surveys and interviews to related to the program. Fiscal Impact (initial and ongoing costs; budget status): Due to grant funding being provided in FY2020-21, fiscal impacts will be primarily be in the FY2020-21 budget and will be expended from the FY2020-21 Capital Projects Fund. Budget Reference (page number): NA Funding Source: Capital Projects Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends authorizing to apply for Our Town grant funding. List Attachment(s): NA SUGGESTED MOTION (for Council use): Move to authorize Town Manager to apply for a matching grant of up to $75,000 through the National Endowment for the Arts' Our Town program for the purpose of supporting potential enhancements to and an event related to a celebration of the 50th anniversary of the fountain. Page 2 of 3 Prepare, by: Approved: ii WL \AAAAAL"-\J Jame. mith, Economic Development Director Grady E. Mill , Town Manager 6/12/2019 6/12/2019 Direct• if Ii Jame. mith, Economic Development Director 6/12/2019 Page 3 of 3