Contract # : C19-0459 - FLUORESCO SERVICES, LLC - Execution Date: 5/16/2019 C19-0459
LINKING AGREEMENT
BE 1'WEEN
THE CITY OF GLENDALE,ARIZONA
AND
Fluoresco Services,LLC
THIS LINKING AGREEMENT (this "Agreement") is entered into as of this I1iftl^ day of
csi\o‘ , 2019, between the City of Glendale, an Arizona municipal corporation (the "City"), and
Fluoresco Services,LLC.,a(n)Arizona limited liability company authorized to do business in Arizona
("Contractor"),collectively, the"Parties."
RECITALS
A. On April 15th 2019, under S.A.V.E., the City of Mesa entered into a contract with Contractor
to purchase the goods and services described in the Illuminated Street Name Sign Supply and
Maintenance Services("Cooperative Purchasing Agreement"), which is attached hereto as
Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other
governmental agencies including the City.
B. Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C. Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D. The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement,and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1. Term of Agreement. The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award,which was 4/15/2019,until the date the contract expires on 4/30/2022 unless the term
of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original
contracting parties. The Cooperative Purchasing Agreement, however, may not be extended
beyond 4/30/2022 The initial period of this Agreement, therefore, is the period from the
Effective Date of this Agreement until 6/30/2020. The City may renew the term of this
Agreement for zero (0) one-year periods until the Cooperative Purchasing Agreement expires
on 4/30/2022. Glendale renewals are not automatic and shall only occur if the City gives the
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Contractor notice of its intent to renew. The City may give the Contractor notice of its intent
to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate
such renewal.
2. Scope of Work;Terms.Conditions.and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3. Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B. The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed Forty Seven Thousand dollars ($47,000)annually or Forty
Seven Thousand dollars ($47,000) for the entire term of the Agreement (initial term
plus any renewals).
4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5. Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race,color,religion,sex,national origin,age,marital status,sexual
orientation,gender identity or expression,genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors,warrants compliance with this section.
6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.
8. No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that
for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35-393.
9. Attestation of PCI Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
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10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties'
respective authorized representatives at the address listed below:
City of Glendale
c/o Reuben Lopez
6210 W. Myrtle Ave. Suite 113
Glendale,AZ 85301
and
Fluoresco Services,LLC
c/o Gary Gryder
5505 S. Nogales Highway
Tucson,AZ 85706
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
"City" "Contractor"
City of Glendale, an Arizona Fluoresco Services,LLC,
municipal corporation a(n)Arizona halite liability company
By:
By:
Trevor Ebersole Name: Ga der
Director Title: V.P. of Business Development
ATTEST:
eL
J :ower (SEAL)
Ci lcrk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
3
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LINKING AGREEMENT
BE I'WEEN
THE CITY OF GLENDALE,ARIZONA
AND
Fluoresco Services,LLC.
EXHIBIT A
Illuminated Streen Name Sign Supply and Maintenance Services
(see attached)
4
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mesa az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2019146
(ILLUMINATED STREET NAME SIGN SUPPLY AND MAINTENANCE SERVICES
CITY OF MESA, Arizona("City")._
Department Name City of Mesa—Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 400
Mesa, AZ 85201
_Attention Brandy Andersen, CPPB, MPA
Procurement Officer
E-Mail brandy.andersen a(�mesaaz.gov
Phone (480)644-6426
Fax (480)644-2655
AND
Fluoresco Services, LLC, ("Contractor")
Mailing Address 5505 S Nogales Highway
Tucson, AZ 85706
Delivery Address 4048 E Superior Ave
Phoenix, AZ 85040
Attention Gary Gryder
E-Mail ggryder@fluoresco.com
Phone i (602)909-3647
Fax (602)470-1313
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation ("Agreement") is entered into this 15th day of April 2019, by and
between the City of Mesa,Arizona, an Arizona municipal corporation("City"), and Fluoresco Services, LLC,
a(n) Arizona company ("Contractor"). The City and Contractor are each a "Party" to the Agreement or
together are"Parties"to the Agreement.
RECITALS
A. The City issued solicitation number 2019146("Solicitation")for Illuminated Street Name Sign Supply
and Maintenance Services, to which Contractor provided a response ("Response"); and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms&Conditions.
TERMS& CONDITIONS
1. Term. This Agreement is for a term beginning on May 1,2019 and ending on April 30, 2022. The use
of the word "Term" in the Agreement includes the aforementioned period as well as any applicable
extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) years. Any renewal(s) will be a continuation of the same terms and
conditions as in effect immediately prior to the expiration of the then-current term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month-to-month basis for a maximum of six (6) months to allow for the City's
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty(30)calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior to the expiration of the then-current term.
2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit
A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A.
Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If
set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work.
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference
into the Agreement as if written out and included herein. In addition to the requirements specifically set
forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in
accordance with all terms, conditions, specifications and other requirements set forth within the
Solicitation and Response unless modified herein.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement,the Exhibits, the Solicitation,and Response,the language of the documents will control
in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms &Conditions
2. Scope of Work
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B("Pricing")in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement, and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and response
by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in providing the
services/materials under the Agreement. If the City agrees to the adjusted price terms, the City
shall issue written approval of the change.
During the sixty (60) day period prior to Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve (12) month change in the Consumer Price Index for All
Urban Consumers(CPI-U), US City Average,All Items, Not Seasonally Adjusted as published
by the U.S.Department of Labor, Bureau of Labor Statistics(http://www.bls.gov/cpi/home.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing
as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
adjustment along with appropriate supporting documentation demonstrating the cost to the
Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section.There is no guarantee the City will accept a price
adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City; the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding billing
or invoicing must be directed to the City Department/Division requesting the service or material
from the Contractor. A properly completed invoice should contain, at a minimum, all of the
following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit;
i. Applicable Taxes
j. If applicable, mileage or travel costs; and
k. Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Procurement Card/e-Payables to make payment for orders under the Agreement.
Otherwise; payment will be through a traditional method of a check or Electronic Funds
Transfer(EFT)as available.
5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for
materials/service not in accordance with the Agreement,the City will notify Contractor in writing
of the disallowance; such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will
be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to be provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa, its agents,
representatives, officials, volunteers, officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s)contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s)from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $3 million per occurrence/$5 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of$1 million per
occurrence including owned, hired and non-owned autos.
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made(minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties,which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control.The Parties or a Party are referred to as a"party" or"parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the"term"in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2)or more counterparts,each of which will be deemed an original and all of which,taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits,the language
of the Agreement will control.
Exhibits to this Agreement are the following:
• (A) Scope of Work/Technical Specifications
• (B) Pricing
• (C)Mesa Standard Terms and Conditions
• (D)Other
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA FLUORESCO SERVICES, LLC
By: By:
Gary Gryder
Printed Name Printed Name
V. P. of Business Development
Title Title
April 22, 2019
Date Date
REVIEWED BY:
By:
Brandy Andersen, CPPB, MPA
EXHIBIT A
SCOPE OF WORK
1. SCOPE OF WORK: Contractor shall provide the following services and equipment:
• Maintenance/Repair of Illuminated Street Name Signs mounted on Traffic Signal Poles
• Sign Face Replacement
• Retrofit existing Illuminated Street Name Signs with LED light source
• Fabricate & Install new L.E.D. Illuminated Street Name Signs
• Removal of existing Illuminated Street Name Signs
This work will be performed for the City of Mesa Transportation Department/Intelligent
Transportation System (ITS) Operations Group on an on call, as needed basis. Work will be
performed throughout the City of Mesa.
Specifications referred to in this document:
https://www.mesaaz.gov/business/enqineerinq/mesa-standard-details-specifications
Including: M-21.06, M-21.07, M-21.08, M-94.04, M-94.05, M-94.06, M-95.07, M-95.08, M-95.09
https://www.mesaaz.gov/home/showdocument?id=8108
Unit bid prices shall cover all items needed to complete the described work including but not limited
to: labor, tools, materials, equipment and necessary temporary traffic control (barricading).
All work is to be accomplished in accordance with current City of Mesa Standard Details &
Specifications, Maricopa Association of Government (MAG) Standards or as directed by the City
of Mesa ITS Operations Supervisor or his representative.
https://www.mesaaz.qov/business/engineerinq/mesa-standard-details-specifications
1.1 EMPLOYEE CERTIFCATIONS/QUALIFICATIONS: The City of Mesa requires that the
Contractor provide a list of employees that will be performing the work for the City. The
Contractor shall demonstrate its employees experience in this type of sign work and
fabrication. A list of references showing past clients of the Contractor shall also be required
to be provided. If a job site is inspected and the listed employees the City approved are
not on site, then the job will be shut down.
1.2 LICENSES AND PERMITS:Contractor shall possess all valid certifications and/or licenses
as required by federal, state, and local laws at the time of bid submittal and throughout the
contract term. As required by the Arizona Registrar of Contractors, Contractors will be
properly licensed before submitting bids. Contractor, at its expense, will obtain all permits
required for performing work under this agreement.
1.3 WORK TO BE PERFORMED:
1.3.1 Maintenance/Repair of Illuminated Street Name Skins
A list of sign outages will be given to the Contractor on a semi-annual basis or on
an as needed basis. Every effort will be made to group them as much as possible
but is not guaranteed. The Contractor shall notify the City of their schedule as
noted in these specifications. The City will verify power to the fuse. The Contractor
shall:
• Troubleshoot and identify the problem
• Lamps - all lamps shall be replaced in the sign, replace any
defective/damaged lamp sockets
• Ballast-an electronic ballast shall be replaced if found to be defective
• If the sign is illuminated with LED strips, equivalent LED strips and or
drivers shall be provided & installed
• Replace photocell or photo socket if found to be defective
• Test Ground Fault Interrupter(GFI) Receptacle within sign cabinet
• Clean sign cabinet and wipe down sign faces both inside and out
• Note any damage or wear to the sign face and report it to a City Inspector
1.3.2 Approved Materials Lists
Only the following materials are approved to be used in the repair of signs with
fluorescent tubes. Substitutions must be approved by the ITS Operations Group.
Materials List for signs illuminated with
Fluorescent Tubes Manufacturer Part Number
F72T12CWHO lamp Phillips, GE or Sylvania F72T12/CW/HO
F96T12CWHO lamp Phillips, GE or Sylvania F96T12/CW/HO
F120T12CWHO lamp Voltarc or EGL F120T12/CW/HO
EESB-424-13L Electronic Ballast Lighting Components LIG-424-13L
EESB-1040-14L Electronic Ballast Lighting Components LIG-1040-14L
Lumitrol Photocell Precision 8662EPTO
Fisher Pierce Socket for Photocell Fisher Pierce NS47671
LC385 Male Socket Lighting Components LIG-583M
LC285 Female Socket Lighting Components LIG-582F
Sign Faces:
• Sign Face Sheeting:
o Sheeting shall consist of a reflective material. Currently approved
materials(all faces shall include UV treated Anti-Graffiti Film):
Approved Materials List- Description Manufacturer Part Number
Crystal Grade Translucent Reflective Sheeting
(White) Nikkalite 92802
ESM Film (Green) Nikkalite 108
F-Cal UV Treated Anti-Graffiti Film Nikkalite EF-40801
DG Cubed Translucent Reflective Sheeting (White) 3M 4090T
EC Film (Warboys Green) 3M 1176
Anti-Graffiti Film 3M 1160
• Substrate, Sheeting Compatibility and Performance Warranty:
o Contractor shall be responsible for ensuring the sign face substrate
material and reflective sheeting are compatible with each other and
will warrant against bubbling, cracking, buckling, delamination and
substantial fading.
1.3.3 Sign Face Replacement
A list of sign faces to be replaced and their locations will be given to the
Contractor on an as needed basis. Every effort will be made to group work as
much as possible, but this is not guaranteed. The Contractor shall notify the City
of their schedule as noted in these specifications. The Contractor shall:
• Field measure the sign face
• Fabricate a new sign face per City of Mesa Standard Detail M-21.07 &M-
21.08 https://www.mesaaz.gov/business/engineering/mesa-standard-
details-specifications using the specified materials on the Approved
Materials List. It shall be the Contractor's responsibility to ensure the sign
face is sized to allow for ample expansion and contraction within the sign
face door, per the substrate and sheeting manufacturer's
recommendations, given the extreme Phoenix, AZ climate changes
• Ensure that any sign face hangers are reinstalled or added if missing
• Install the new sign faces on site into the existing sign cabinet mounted to
the traffic signal Pole
• Discard the old sign faces
1.3.4 Retrofit Existing Illuminated Street Name Signs with LED Light Source
A list of Illuminated Signs to be field retrofitted with LED light strips and drivers and
their locations will be given the Contractor on an as needed basis. Every effort will
be made to group work as much as possible, but this is not guaranteed. The
Contractor shall notify the City of their schedule as noted in these specifications.
The Contractor shall:
• Strip out all the existing fluorescent tubes, tube ends, wiring, and ballasts
and discard
• Add any aluminum mounting plates necessary to mount LED Light strips
and for proper heat sinking
• Install modular LED Light Strips(Contractor to provide submittals on type
of LED system proposed). LED lighting equipment must be approved and
certified for use in Commercial Signs, and be temperature rated for the
Phoenix, AZ climate. LED Strips shall be placed at least across the top
and bottom of the cabinet. Proper heat sinking of the LED modules is
required. LED Drivers and any wiring shall be included to complete the
installation. The sign must be evenly lit with no dark or "hot" spots and
legible from a minimum of 400'away at night.Any LED light sources, LED
drivers, diffusion panels if used, must be readily available.
There will be two (2) bid items, one (1) for retrofitting signs already installed on
traffic signal poles in the field and one(1)for picking up the cabinets from the City
of Mesa and retrofitting them at the Contractor's facilities and installing the signs
at various locations in the field.
1.3.5 Fabricate and Install New L.E.D. Illuminated Street Name Signs
A list of LED Illuminated Signs to be fabricated complete with new sign faces and
LED light source and their locations will be given to the Contractor on an as needed
basis. Every effort will be made to group work as much as possible but is not
guaranteed. The signs shall be mounted to City of Mesa type, J, K, L, Q, R, S
poles at a height of at least 18'-6" from the bottom of the pole base plate to the
bottom of the sign. The sign shall be rigidly attached to the front of the pole per the
Mesa Standard Details. The Contractor shall notify the City of their installation
schedule. The Contractor shall:
• Fabricate a new sign cabinet complete with galvanized mounting brackets
(to prevent rust and corrosion), LED light source and power supply. The
cabinet must be constructed per the details, and come in 6', 8', 10' or 12'
in length to accommodate the lettering.
• Provide Modular LED Light Strips(Contractor to provide submittals on type
of LED system proposed). LED lighting equipment shall be approved and
certified for use in Commercial Signs, and shall be temperature rated for
the Phoenix, AZ climate. LED Strips shall be placed at least across the
top and bottom of the cabinet. Proper heat sinking of the LED modules
shall be required. LED Drivers and any wiring shall be included to
complete the installation. The sign shall be evenly lit with no dark or"hot"
spots and shall be legible from a minimum of 400'away at night.Any LED
light sources, LED drivers, diffusion panels if used, shall be readily
available.
• Submit a sign face design layout per City of Mesa Standard M-21.07&M-
21.08 for approval. Mesa Standard Details&Specifications
• Fabricate the sign faces per the approved sign face layout using the
approved materials as listed in the"Approved Materials List" table.
• Install the sign,related'/z"weatherproof flexible conduit,#12 stranded awg
conductors from the sign to the traffic signal pull box at the base of the
pole. The Contractor shall test the sign by energizing the conductors at
the pull box with a generator. City crews will install the fuse holder, fuse
(size as recommended by sign vendor), energize the sign circuit and test
the installation.
1.3.6 Shop Drawings and Structural Calculations
The Contractor shall be required to submit shop drawings&structural calculations
of their sign assembly if not already on file with the City of Mesa Transportation
Department.
The following shall be included:
• The sign and the supporting structure attached to City of Mesa type J, K,
L, O, R, S, poles. Engineer must certify that the pole can support the
proposed signs. Pole specifications may be found here:
Mesa Standard Details& Specifications
• Weight of sign assembly including mounting hardware
• Brand and type of LED lighting
• Brand and type of sign face substrate material
• Brand and type of sheeting material
• Mounting brackets
All drawings and structural calculations shall be wet sealed&signed by an Arizona
licensed structural engineer if signed drawings are not already on file with the City.
Once approved, the Contractor will be added to the City's Approved Vendor list.
1.3.7 Warranty and Manufacturer Identification Plate
a) The sign cabinet&supporting structure shall have a ten (10) year warranty
b) Sign faces shall be guaranteed for ten(10)years against fading, cracking and
unserviceability Those faces found to have failed shall be fabricated and
replaced at no charge to the City. Labor to replace defective sign faces shall
be provided for the first five(5) years.
c) LED Drivers/Power Supplies shall be warranted for five (5) years minimum
including material& labor.
d) The sign frame shall have the manufacturer's company name, serial number
and date of manufacturer engraved on the frame or engraved on a metal plate
permanently affixed to the bottom right corner of the sign frame. The sign
cabinet shall have the manufacturer's company name, serial number, date of
manufacture, and electrical requirements, engraved on a metal plate
permanently affixed to the bottom right corner/side of the sign. No decals will
be allowed.
e) All other work shall carry a one (1)year minimum parts and labor warranty.
1.3.8 Illuminated Sign Removal
Work to consist of:
• Setting up the proper lane closures
• Removing the existing illuminated sign, brackets&wiring to the pull box
• Plug the Y2" NPT threaded conduit opening with a brass 1/2" pipe plug
• Deliver the sign to City of Mesa storage yard. A City Representative shall
be present to accept delivery. Delivery shall be made within seven (7)
business days of removal. Deliveries shall be made Monday— Thursday
between 7:00 a.m. and 6:00 p.m.
Delivery shall be made to:
East Mesa Service Center
Decatur& Power
6935 E. Decatur
Mesa, AZ 85207
1.4 WORK SCHEDULE AND INSPECTION: The Contractor is advised that night work will be
allowed on this project and that this would be the preferred option but is not mandatory.
The Contractor shall be required to inform the City of his intended option of either day or
night work a minimum of one week(7 days) prior to work beginning.
After receiving notice to proceed on a project or specific work item, within forty-eight(48)
hours and prior to starting any work, Contractor shall submit a proposed schedule of work
to the City Inspector. Work shall start in the area no later than seven (7) days after the
work schedule is approved by the City. In any case, once the notice to proceed has been
issued, the Contractor shall commence work within fourteen (14) days and work
continuously until complete unless otherwise specified or agreed to by the Inspector.
The City will have an inspector assigned to this project that will inspect and make final
approval of work done on a weekly basis. No work under this Contract will be performed
on any day recognized as a legal holiday by the City. No work shall be performed on
Saturday or Sunday unless approved by the City Inspector.
1.5 WORK AREA & JOB SITE SAFETY: The Contractor shall clean up the work area and
maintain a safe work site during and after the project activities, until accepted, and shall do
all work and pay all cost incidental thereto. The Contractor shall adequately barricade and
secure the work-zone and any other work area hazard.
The Contractor shall, upon completion of the work, remove all temporary barricading,
debris, and unused materials provided for in the work, and leave the work site and public
right-of-way in a neat and clean condition. No special payment will be made for this item
and is to be included in the unit bid price(s). Contractor shall restore any damaged City
property or private property(including but not limited to landscaping and irrigation systems)
to its original condition as determined by the City Inspector.
The Contractor shall always keep the premises free from accumulation of waste materials
or rubbish caused by project activities. At the completion of the work, Contractor shall
remove all equipment, tools and surplus materials, and shall completely clean the
premises, removing and disposing of all debris and rubbish, and cleaning all stains, spots,
marks, dirt, smears, etc. When work premises are turned over to the City, they shall be
thoroughly clean and ready for immediate use. The Contractor shall provide for the legal
disposal of all waste products debris, etc., and shall make necessary arrangements for
such disposal and all associated costs shall be included in the unit prices.
1.6 SAFETY: The Contractor shall follow all applicable occupational safety and health
administration (O.S.H.A), industry and local government safety procedures, rules and
regulations. The Contractor shall instruct all workers on proper safety job standards and
in traffic safety.
1.7 TRAFFIC CONTROL, BARRICADES, AND PERMITS: All costs for traffic control and
barricades for all activities/repairs shall be included in the bid price for those items.
All persons, contractors, utilities, and other agencies including City departments must
obtain a Temporary Traffic Control (TTC) permit if they are restricting access (partial or
complete closures) on public streets, sidewalks, bike lanes, alleys or other public facility
except as noted in the City of Mesa Temporary Traffic Control Manual (TTCM). The TTC
Permit authorizes restrictions to be in place as specified on the permit but does not
guarantee the requester exclusive rights to occupy a particular portion of the public right-
of-way. Weather, emergencies, incidents, or other projects and special events might
require rescheduling of activities. The City will attempt to identify all known potential
conflicts so they can be resolved cooperatively among those involved. The Contractor
shall notify the City of Mesa Inspector in writing or by email of the date they submitted their
request for a TTC Permit. The Contractor shall provide a copy of the approved TTC
Permit to the City of Mesa Inspector.
TTC Permit applications must be submitted online using the City's online application web
portal at https://www.mesaaz.qov/business/barricading-temporary-traffic-control-permits.
Typical review time for a TTC Permit Application is four (4) City business days (Monday-
Thursday).The review time for applications submitted after 11:00am will begin the following
City business day.
In the case of unplanned restrictions due to emergencies, notify Transportation as soon as
practical at 480-644-4TTC(4882).
Please refer to the City of Mesa web site for complete details:
httos://www.mesaaz.goviresidents/transportation
The Contractor shall be responsible for complying at all times with the current City of Mesa
TTCM. Sidewalks and other pedestrian walkways shall not be restricted unless otherwise
approved by the TTC Permit and the City Inspector and then only when approved adequate
accommodations for pedestrians have been provided.
In some situations, off-duty police officers or flaggers may be needed or required to assist
with temporary traffic control. In accordance with the current City TTCM, only Mesa Police
officers may be used for temporary traffic control within the City of Mesa unless no Mesa
officers are available for a given date and time, in which case off-duty State Department of
Public Safety officers, or Maricopa County Sherriff's deputies may be used until the next
date Mesa officers are available. The Contractor is responsible for making all
arrangements with the City for these services if required. No reimbursements will be made
for this service and costs shall be included in the unit bid prices.
Peak traffic hours are defined as being from 6:30 a.m. to 8:30 a.m. and from 4:00 p.m. to
6:00 p.m. weekdays. During the peak hours (unless otherwise approved by the TTC
Permit) there shall be no work on arterial or collector streets and all existing traffic lanes
shall remain open.
During non-peak hours, the following number of through lanes must be kept open to traffic:
• If more than four lanes exist-Four lanes(two lanes each way)shall remain open
to traffic.
• If four or fewer lanes exist—Two lanes (one lane each way) shall remain open
to traffic.
• On one-way streets—One lane shall remain open to traffic.
Unless otherwise approved by the TTC Permit and the City Inspector, the Contractor shall
arrange his schedule so that the work complies with the time restrictions outlined
above. Any barricades or signs restricting flow in the open traffic lanes of arterial and
collector streets shall be removed by the Contractor by 4:00 p.m.
Left turns may be prohibited only as directed/approved by the TTC Permit and the
City of Mesa Inspector with proper request and notification by the Contractor.
The following requirement applies to all streets(local (residential),collector,arterial,
and intersections.)
The Contractor shall submit a certification statement, signed by the Contractor and the
barricade subcontractor, that all temporary traffic control will be erected and maintained in
compliance with the City's TTCM.
The Contractor shall employ a "designated" person who will be responsible for ensuring
that all barricades, signs, barricade lights, signals, and other traffic control devices are
established and maintained in strict compliance with the TTCM and the contract
requirements. The designated person shall:
1. Inspect all barricading and traffic control devices on a regular, recurring basis
and, upon request, submit a daily(including weekends and holidays) report, in
writing, to the inspector of such inspections the next workday;
2. Ensure that existing City-owned traffic signals do not conflict with barricades and
signs or give misleading signals to pedestrians and motorists. They shall
immediately bring conflicting conditions to the attention of the inspector. The
inspector will coordinate with the City's ITS Group for any required changes to
traffic signal sequencing, timing, or outages;
3. Ensure that flagmen, when employed, are trained and certified in accordance
with the American Traffic Safety Services Association (ATSSA) or International
Municipal Signal Association (IMSA); and,
4. Immediately respond to all call-outs by the inspector, the Stand-by inspector, or
Base Operations; cooperate with Police or Fire Department Investigators; and,
on their own responsibility, re-establish barricades and traffic control devices, as
necessary.
The Contractor shall certify, by letter, that the designated person has read and will comply
with the requirements of the TTCM. The Certification letter shall be provided to the City at
the post award conference. The Certification shall include the name of the "designated"
person, the name of the "competent" person (if different from the designated person),
telephone numbers where they can be reached 24-hours per day, and any restrictions or
limitations on their duties and authorities. If there is a change in the designated person,
Contractor shall provide new Certification letter.
Costs incurred by the requirements of this section shall be included in the bid items listed
in the Bid Schedule. No additional payment shall be made for barricades, other traffic
control devices, salaries, or other work or materials required by this section except as
required in the bid schedule.
1.8 COORDINATION: Contractor will coordinate and schedule work with other Contractors in
the vicinity to avoid conflicts, ensure compatibility of traffic controls, avoid duplication of
signing, and minimize disruption.
1.9 WORK CREW SUPERVISION: The Contractor shall always provide qualified supervision
of each crew while working under this Contract. Each supervisor must be able to converse
in the English language and shall be authorized by the Contractor to accept and act upon
all directives issued by the City. Failure for the supervisor to act on said directives shall be
sufficient cause to give notice that the Contractor is in default of the Contract unless such
directives would create potential personal injury or safety hazards or are contrary to the
intent of these specifications.
The Contractor shall provide an emergency contact phone number that will be staffed at
all times when the contractor is performing work under this agreement.
1.10 MEASUREMENTS/QUANTITIES: All work by Contractor will be inspected and approved
by a City Inspector prior to processing of any pay request. Any questions relating to
measurements or quantities will be resolved with the Contractor prior to invoice submittal.
The City will endeavor to make payment for approved work within thirty(30)business days
of being submitted.
EXHIBIT B
PRICING
PRICING AND COMPENSATION
Pursuant to all the contract specifications enumerated and described in this Solicitation,Respondent agrees to furnish ILLUMINATED
STREET NAME SIGN SUPPLY AND MAINTENANCE SERVICES to the City of Mesa at the price(s)state below.
Group A-ILLUMINATED STREET NAME SIGN MAINTENANCE
Estimated
Item No. Description Unit of Measure; Unit Price Total Price
Annual Quantity
1 Service 6 foot fluorescent sign.(includes cleaning Each 1
cabinet, relamping and replacing Photo Cell) $ 129.00 $ 129.00
2 Service 8 foot fluorescent sign.(includes cleaning Each 30
cabinet,relamping and replacing Photo Cell) $ 149.00 $ 4,470.00
3 Service 10 foot fluorescent sign.(includes cleaning Each 30
cabinet,relamping and replacing Photo Cell) $ 169.00 $ 5,070.00
Service 6 foot LED sign.(includes cleaning cabinet,LED
4 replacement and replacing Photo Cell) Each $ 99200 1 $ 992.00
5 Service 8 foot LED sign.(includes cleaning cabinet, LED Each 10
replacement and replacing Photo Cell) $ 1,149.00 $ 11,490.00
Service 10 foot LED sign.(includes cleaning cabinet,
6 LED replacement and replacing Photo Cell) Each $ 110,397.00 $ 13,970.00
Service 12 foot LED sign.(includes cleaning cabinet
7 LED replacement and replacing Photo Cell) Each $ 1,597.00 1 $ 1,597.00
8 Contingency Item:Skilled Technician Hour $ 50.00 20 $ 1,000.00
9 Contingency Item: Unskilled Technician Hour $ 37.00 20 $ 740.00
10 Contingency Item:Bucket Truck Hour $ 35.00 20 $ 700.00
11 Crane Hour $ 110.00 10 $ 1,100.00
Total Bid for Illuminated Street Name Sign Maintenance(Group A): $ 41,258.00
Group B-SIGN FACE FABRICATION&REPLACEMENT
Estimated
Item No. Description Unit of Measure Unit Price Total Price
Annual Quantity
Sign Face fabrication and replacement 6 foot sign.
12 FRONT.Per Appendix A details. Each $ 830.00 1 $ 830.00
Sign Face fabrication and replacement 6 foot sign.
13 BACK.Per Appendix A details. Each $ 643.00 1 $ 643.00
14 Sign Face fabrication and replacement 8 foot sign. Each 10
FRONT.Per Appendix A details. $ 1,019.00 $ 10,190.00
15 Sign Face fabrication and replacement 8 foot sign. Each 10
BACK.Per Appendix A details. $ 830.00 $ 8,300.00
Sign Face fabrication and replacement 10 foot sign.
16 FRONT.Per Appendix A details. Each $ 1,244.00 10 $ 12,440.00
17 Sign Face fabrication and replacement 10 foot sign. Each 10
BACK.Per Appendix A details. $ 1,019.00 $ 10,190.00
Sign Face fabrication and replacement 12 foot sign.
18 FRONT.Per Appendix A details. Each $ 1,432.00 1 $ 1,432.00
19 Sign Face fabrication and replacement 12 foot sign. Each 1
BACK.Per Appendix A details. $ 1,244.00 $ 1,244.00
Sign Face fabrication and replacement 6 foot sign.
20 FRONT.Per attached details.EXCEPTION NO Each 1
REFLECTIVE SHEETING $ 658.00 $ 658.00
Sign Face fabrication and replacement 6 foot sign.
21 BACK.Per attached details. EXCEPTION NO Each 1
REFLECTIVE SHEETING $ 528.00 $ 528.00
Sign Face fabrication and replacement 8 foot sign.
22 FRONT.Per attached details.EXCEPTION NO Each 10
REFLECTIVE SHEETING $ 788.00 $ 7,880.00
Sign Face fabrication and replacement 8 foot sign.
23 BACK.Per attached details.EXCEPTION NO Each 10
REFLECTIVE SHEETING $ 658.00 $ 6,580.00
Sign Face fabrication and replacement 10 foot sign.
24 FRONT. Per attached details.EXCEPTION NO Each 10
REFLECTIVE SHEETING $ 944.00 $ 9,440.00
Sign Face fabrication and replacement 10 foot sign.
25 BACK.Per attached details.EXCEPTION NO Each 10
REFLECTIVE SHEETING $ 788.00 $ 7,880.00
Sign Face fabrication and replacement 12 foot sign.
26 FRONT.Per attached details.EXCEPTION NO Each 1
REFLECTIVE SHEETING $ 1,073.00 $ 1,073.00
Sign Face fabrication and replacement 12 foot sign.
27 • BACK.Per attached details. EXCEPTION NO Each 1
REFLECTIVE SHEETING $ 944.00 $ 944.00
28 Contingency Item:Skiled Technician Hour $ 50.00 20 $ 1,000.00
29 Contingency Item:Unskilled Technician Hour $ 37.00 20 $ 740.00
30 Contingency Item:Bucket Truck Hour $ 35.00 20 $ 700.00
Total Bid for Sign Face Fabrication&Replacement(Group B): $ 82,692.00
Group C-RETROFIT ILLUMINATED STREET NAME SIGNS WITH LED
Item No. Description Unit of Measure Unit Price Estimated Total Price
Annual Quantity
31 LED Retrofit of 6 foot sign in the field. Each $ 928.00 4 $ 3,712.00
32 LED Retrofit of 8 foot sign in the field. Each $ 1,144.00 10 $ 11,440.00
33 LED Retrofit of 10 foot sign in the field. Each $ 1,361.00 10 $ 13,610.00
LED Retrofit of 6 foot sign at the vendor's facility.(vendor
34 to pick up sign from the city and install sign at specified Each $ 1,745.00 1
location) $ 1,745.00
LED Retrofit of 8 foot sign at the vendor's faciity.(vendor
35 to pick up sign from the city and install sign at specified Each $ 1,958.00 10
location) $ 19,580.00
LED Retrofit of 10 foot at the vendor's facility.(vendor to
36 pick up sign from the city and instal sign at specified Each $ 2,165.00 10
location) $ 21,650.00
37 Contingency Item:Skiled Technician Hour $ 50.00 20 $ 1,000.00
38 Contingency Item:Unskilled Technician Hour $ 37.00 20 $ 740.00
39 Contingency Item:Bucket Truck Hour $ 35.00 20 $ 700.00
Total Bid for Retrofittin, Illuminated Street Name S !ns with LED Grou. C : $ 74,177.00
Group D-LED ILLUMINATED SIGN FABRICATION&INSTALLATION
Item No. Description Unit of Measure Unit Price Estimated Total Price
Annual Quantity
40 Fabricate&Instal 6 foot LED sign complete.Single face, Each 2
aluminum blank on the back of the sign. $ 3,908.00 $ 7,816.00
Fabricate&Instal 8 foot LED sign complete.Single face,
41 aluminum blank on the back of the sign. Each $ 4,309.00 4 $ 17,236.00
Fabricate&Instal 10 foot LED sign complete.Single
42 face,aluminum blank on the back of the sign. Each $ 5,019.00 4 $ 20,076.00
Fabricate&Instal 12 foot LED sign complete.Single
43 face,aluminum blank on the back of the sign. Each $ 5,506.00 2 $ 11,012.00
Fabricate&Instal 6 foot LED sign complete.Double
sided face. Each $ 3,964.00 2 $ 7,928.00
45 Fabricate&Instal 8 foot LED sign complete.Double Each 10
sided face. $ 4,383.00
$ 43,830.00
Fabricate&Instal 10 foot LED sign complete.Double
46 sided face. Each $ 5,128.00 10 $ 51,280.00
47 Fabricate&Instal 12 foot LED sign complete.Double
Each 6
sided face. $ 5,653.00 $ 33,918.00 1
Fabricate&Install 6 foot LED sign complete.Single face,
48 aluminum blank on the back of the sign. EXCEPTION NO Each 2
REFLECTIVE SHEETING. $ 3,759.00 $ 7,518.00
Fabricate&Install 8 foot LED sign complete.Single face,
49 aluminum blank on the back of the sign. EXCEPTION Each 4
NO REFLECTIVE SHEETING. $ 4,118.00 $ 16,472.00
Fabricate&Install 10 foot LED sign complete.Single
50 face,aluminum blank on the back of the sign. Each 4
EXCEPTION NO REFLECTIVE SHEETING. $ 4,786.00 $ 19,144.00
Fabricate&Install 12 foot LED sign complete.Single
51 face,aluminum blank on the back of the sign. Each 2
EXCEPTION NO REFLECTIVE SHEETING. $ 5,229.00 $ 10,458.00
52 Fabricate&Install 6 foot LED sign complete.Double Each 2
sided face.EXCEPTION NO REFLECTIVE SHEETING. $ 3,709-00 $ 7,418.00
53 Fabricate&Install 8 foot LED sign complete.Double Each 4
sided face.EXCEPTION NO REFLECTIVE SHEETING. $ 4,043.00 $ 16,172.00
54 Fabricate&Install 10 foot LED sign complete.Double Each 4
sided face.EXCEPTION NO REFLECTIVE SHEETING. $ 4,704.00 $ 18,816.00
55 Fabricate&Install 12 foot LED sign complete. Double Each 2
sided face. EXCEPTION NO REFLECTIVE SHEETING. $ 5,144.00 $ 10,288.00
56 Contingency Item:Skilled Technician Hours $ 50.00 20 $ 1,000.00
57 Contingency Item:Unskilled Technician Hours $ 37.00 20 $ 740.00
58 Contingency Item:Bucket Truck Hours $ 35.00 20 $ 700.00
59 Contingency Item:Crane Hours $ 110.00 10 $ 1,100.00
Total Bid for Illuminated Sign Fabrication&Installation: $302,922.00
+$. � "'�'� S A' r .: f-r$7 a. F E tir'r•K,'�.'ri , '� +r..^. a�.+ Ud{
_ - _ - -•... .. ..
Group E-ILLUMINATED SIGN REMOVAL
Item No. Description Unit of Measure Unit Price Estimated Total Price
Annual Quantity
Remove only,all sizes of signs and brackets. Includes
conduit removal,plugging hole with brass plug and
60 Each 30
removing conductors from sign to the pull box.(Deliver to
City storage facility) $ 461.00 $ 13,830.00
Contingency Item: Install sign,includes all traffic control
61 and wiring per attached details. Each $ 461.00 5 $ 2,305.00
62 Contingency Item:Skilled Technician Hours $ 50.00 20 $ 1,000.00
63 Contingency Item:Unskilled Technician Hours $ 37.00 20 $ 740.00
64 Contingency Item:Bucket Truck Hours $ 35.00 20 $ 700.00
Total Bid for Illuminated Sign Removal(Group E): $ 18,575.00
Total Bid for ALL Groups: $519,624.00
For Maintenance,Repair, Replacement and Alteration(MRRA)activities under contract,the City of Mesa Transportation Department follow
the guidelines set forth by AZ Dept.of Revenue under ARS Section 42-5075(0).Under the current guidelines,for contractors supplying
materials under MRRA,the Transaction Privilege Tax(TPT)paid to AZ Dept of Revenue is not a billable item to the City but part of the
product of cost.
The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors
who will be charging a Mesa Transaction Privilege Tax(TPT)will have a 1.75%removed from the taxable item(s)for the
purpose of award evaluation(i.25).
DELIVERY:See Mesa Standard Terms and Conditions.
Vendor Name Fluoresco Services Date: 3/6/19
2/12/2019 RFP#2019146
EXHIBIT C
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits,enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right, at its option, to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create,or will create,any benefits, rights,
or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary
and incidental to the lawful conduct of business. Contractor must stay fully informed of existing
and future federal, state, and local laws, ordinances, and regulations that in any manner affect
the fulfillment of this Agreement and must comply with the same at its own expense.Contractor
bears full responsibility for training, safety, and providing necessary equipment for all
Contractor personnel to achieve compliance throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986(IRCA)in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the "Contractor
Immigration Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. To ensure Contractor and its subcontractors are complying with the Contractor Immigration
Warranty, the City retains the legal right to conduct random verification of the employment
records of any Contractor or subcontractor employee who works on this Agreement,
including the inspection of the papers of such employees. Contractor agrees to assist the
City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274a and
274b of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. §23-214(A).
d. Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City
of Mesa to promote non-discrimination. As such, Contractor represents and warrants that it
does not discriminate against any employee or applicant for employment or person to whom it
provides services because of race, color, national origin, age, disability, religion, sex, sexual
orientation, gender identity and expression, veterans' status, marital status, or genetic
information, and represents and warrants that it complies with all applicable federal, state, and
local laws and executive orders regarding employment. In performance under this Agreement,
Contractor and Contractor's personnel will comply with applicable provisions of the following
laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any
other applicable non-discrimination laws and rules.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392 Contractor must not be in
violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods or services to the City.
f. Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, if
the Agreement requires Contractor to acquire or dispose of services, supplies, information
technology or construction, then, by entering into this Agreement, Contractor certifies that it is
not currently engaged in, and agrees for the duration of the Agreement to not engage in, a
boycott of Israel.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement including, by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees, as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations,
whether or not related to the Agreement, due to the City during the performance of services under
the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or
fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public body, subject to Arizona's
public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may
be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
a. If Contractor believes documents related to the Agreement contain trade secrets or other
proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules
Section 2.1 or notified the City with a notification statement specifically identifying the trade
secrets or other proprietary data that Contractor believes should remain confidential.
b. In the event the City determines it is legally required to disclose pursuant to law any documents
or information Contractor deems confidential trade secrets or proprietary data, the City, to the
extent possible, will provide Contractor with prompt written notice by certified mail, fax, email
or other method that tracks delivery status of the requirement to disclose the information so
Contractor may seek a protective order from a court having jurisdiction over the matter or obtain
other appropriate remedies. The notice will include a time period for Contractor to seek court
ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor
does not obtain such court ordered protection by the expiration of said time period, the City
may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6)years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement.
Contractor will permit such inspections and audits during normal business hours and upon
reasonable notice by the City. The audit of records may occur at Contractor's place of business or
at City offices, as determined by the City.
14. BACKGROUND CHECK. In accordance with the City's current background check policies, the
City may conduct criminal, driver history, and all other requested background checks of Contractor
personnel who would perform services under the Agreement who will have access to the City's
information,data,or facilities. Any officer, employee,or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and(iii)to determine whether any individual or entity
may provide services under this Agreement. If the City objects to any Contractor personnel for any
reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove
any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default of the Agreement if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty(60)calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party will
provide written notice to the defaulting party of the default. The defaulting party will have thirty
(30)days from receipt of the notice to cure the default, unless the default is of a nature that it
is reasonably anticipated to affect the health, safety or welfare of the public and, in such an
event, the non-defaulting party may require a minimum seven(7)days to cure the default from
the date of receipt of the notice; the cure period may be extended by mutual agreement of the
parties, but no cure period may exceed ninety(90)days. A default notice will be deemed to be
sufficient if it is reasonably calculated to provide notice of the nature and extent of such default.
Failure of the non-defaulting party to provide notice of the default does not waive any rights
under the Agreement. Failure of the defaulting party to cure the default will entitle the non-
defaulting party to the election of remedies specific to the party as set forth in section 17 below.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event demand is made and no written
assurance is given within ten (10) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in
accordance with section 17(a)below.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services or materials required under the Agreement from the open
market, complete required work itself, or have it completed at the expense of Contractor. If the
cost of obtaining substitute services exceeds the contract price in the Agreement, the City may
recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the
City;(ii)deduction from an unpaid balance due to Contractor;(iii)collection against the proposal
and performance security, if any; (iv) collection against liquidated damages (if applicable); or
(v) a combination of the aforementioned remedies or other remedies as permitted by law.
Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining
substitute services and expended in obtaining reimbursement including, but not limited to,
administrative expenses, attorneys'fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement, in
part or in whole, for its sole convenience upon thirty (30) calendar days'written notice. Contractor
acknowledges that, as with any termination permitted under this Agreement, in the event of a
termination for convenience, Contractor is only entitled to payment in accordance with section 22
(Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost
profits had the Agreement been performed to completion.
20. TERMINATION FOR CONFLICT OF INTEREST(A.R.S.§38-511). Pursuant to A.R.S. § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines it does not have
funds to meet its obligations under this Agreement, the City will have the right to terminate the
Agreement without penalty on the last day of the fiscal period for which funds were legally available.
In the event of such termination, the City agrees to provide written notice of its intent to terminate
thirty(30)calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for
any reason, Contractor will be entitled only to payments authorized under the Agreement for those
services performed or materials provided in accordance with the Agreement up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION; LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold
harmless the City, its elected officials, agents, representatives and employees (collectively,
including the City, "City Personnel") from and against any and all liabilities, demands, claims,
suits,penalties,obligations, losses,damages, causes of action,fines or judgments of any kind,
including costs, attorneys', witnesses' and expert witnesses' fees, and expenses incident
thereto (all of the foregoing, collectively "Claims") imposed upon or asserted against City
Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i)
services or materials provided under this Agreement by Contractor or its officers', agents', or
employees' (collectively, including Contractor, "Contractor Personnel"): (ii) negligent acts,
errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel
to comply with or fulfill the obligations established by this Agreement. Contractor's
indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will
apply to all Claims against City Personnel except Claims arising solely from the negligence or
intentional acts of City Personnel.
b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or
hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or
resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided
services or materials.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of services or materials provided
by Contractor will not relieve Contractor from its obligations under this warranty. If the City
reasonably determines any materials or services are of a substandard or unsatisfactory manner,
Contractor, at no additional charge to the City, will provide materials or redo such services until in
accordance with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction,or damage to City
property and will, at the City's request and expense, furnish to the City reasonable assistance and
cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and
the execution of instruments of assignment in favor of the City.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i)it is not entitled to deliver
any specific amount of materials or services, or any materials or services at all, under this
Agreement; and (ii)the materials or services will be requested by the City on an as needed basis,
at the sole discretion of the City. Any document referencing quantities or performance frequencies
represent the City's best estimate of current requirements, but will not bind the City to purchase,
accept, or pay for materials or services which exceed its actual needs.
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans,and survey results, graphics,and technical tables,originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S.§38-504 which prohibits
a person who, within the preceding twelve (12) months, is or was a public officer or employee of
the City from representing another person (including Contractor) before the City on any matter for
which the officer or employee was directly concerned and personally participated in during their
service or employment by a substantial and material exercise of administrative discretion. Further,
while employed by the City and for two (2) years thereafter, public officers or employees are
prohibited from disclosing or using, without appropriate authorization, any confidential information
acquired by such person in the course of his or her official duties at the City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor's
goods or equipment incidental to Contractor providing the services and materials under this
Agreement and such loss, injury, or destruction will not release Contractor from any obligation
hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to
City real or personal property when such property is the responsibility of or in the custody of
Contractor or its personnel.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34,
Contractor will without limitation and at its expense defend the City against all claims asserted by
any person that anything provided by Contractor infringes a patent, copyright, trade secret or other
intellectual property right and must, without limitation, pay the costs, damages and attorneys'fees
awarded against the City in any such action, or pay any settlement of such action or claim. Each
party agrees to notify the other promptly of any matters to which this provision may apply and to
cooperate with each other in connection with such defense or settlement. If a preliminary or final
judgment is obtained against the City's use or operation of the items provided by Contractor
hereunder or any part thereof by reason of any alleged infringement,Contractor will, at its expense
and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for
the City the right to continue to use the item;(c)substitute for the infringing item other item(s)having
at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less
reasonable usage,from the time of installation acceptance through cessation of use,which amount
will be calculated on a useful life not less than five(5)years, plus any additional costs the City may
incur to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing
Officer and/or an authorized representative from the using department (collectively "Contractor
Administrators"); all questions regarding the Agreement will be referred to the Contract
Administrators. If authorized bythe Contract Administrators, supplements or amendments maybe
PP
written to the Agreement for the addition or deletion of services. Payment will be negotiated and
determined by the Contract Administrators.
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will, within five (5) calendar days of the unforeseeable circumstance,
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities,school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements(IGA)with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally,Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be sent via personally delivery,certified or registered mail
with postage prepaid, overnight courier, or facsimile. If provided by personal delivery, receipt will
be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed
effective three (3) calendar days after being deposited in the United States mail. If sent via
overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the
sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to
this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated herein.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s)of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement,completion,termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who
applies to the City for a local public benefit (the definition of which includes a grant, contract or
loan) must demonstrate his or her lawful presence in the United States. As this Agreement is
deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship,
Contractor agrees to sign and submit the necessary documentation to prove compliance with the
statutes if applicable.
47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to
enter into and perform this Agreement, and that the person signing on behalf of each is properly
authorized and empowered to enter into the Agreement. Each party further acknowledges that it
has read this Agreement, understands it, and agrees to be bound by it.
48. UNIFORM ADMINISTRATIVE REQUIREMENTS. By entering into this Agreement, the Contractor
agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §200 et seq.
LINKING AGREEMENT
BE i'WtEN
THE CITY OF GLENDALE,ARIZONA
AND
Fluoresco Services,LLC.
EXHIBIT B
Scope of Work
PROJECT
COG to purchase (12) Interenally Illuminated Street Name Signs from Contractor per City of Mesa
contract#2019146.
5
1/29.18
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE,ARIZONA
AND
Fluoresco Services,LLC.
EXHIBIT C
METHOD AND AMOUNT OF COMPENSATION
All materials must be received and accounted for per the contractors quoted amount of$46,747.53.
An additional$252.47 may be used for unforseen items not included in the quoted amount only
with the City' s approval prior to delivery.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed$47,000 annually or$47,000 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
Contractor to be paid per Section 3 of this Linking Agreement and the attached Quote.
6
1/29.18
• F»tbf Ito QUOTE 220605
ITORESCO Page: 1
Quoted Date: 04123!19 Project#: 405128:'
SERVICES"'
•
To: CITY OF GLENDALE Site Id: FLSTGLENDALEOLIVE59
ATTN: ACCOUNTS PAYABLE Location: CITY OF GLENDALE
5800 W GLENN DR, STE 315 Address: OLIVE AND 59TH AVE
GLENDALE. AZ 85301
Attn: RUBEN LOPEZ GLENDALE. AZ 85302
Qty Item # Description Price Amount
10 PP405128A SIGN, FLST 26.5X6 CRSFR LED FLAG PNTD $3.514.00 $35,140.00
FABRICATE (10)26.5X6 LED CROSSFIRE STREET
NAME SIGNS FLAG MOUNTED WITH BRACKETS
2 PP405128B SIGN. FLST 26.5X8 CRSFR LED FLAG PNTD $3.933.00 $7,866.00
FABRICATE (2)26.5X8 LED CROSSFIRE STREET SIGNS
WITH BRACKETS
NOTES:
Exclusions: Sales Tax. surely bond,traffic control/barricading,permitting. p
electrical/wiring beyond the hand hole and prevailing wages.
Subtotal: $43.006.00
I hereby accept this quotation/change order. please place my order. ASCF $3,741.53
Project total: $46,747.53
Signature / Date
DEPOSIT NOT REQUIREI$0.00
TOTAL $46,747.53
Print Name
QUOTATION VALID FOR 30 DAYS FROM THE DATE INDICATED ABOVE.
t
Gary Gryder
Phone: (602)276-0600 Ext. 3621
Direct Phone: 602-909-3621 Fax (602)470-1313
Email: ggryder@fluoresco.com
LIGHTS OUT? FLUORESCO'S DEDICATED SERVICE & MAINTENANCE TEAM IS HERE FOR ALL YOUR NEEDS.
CALL 800-797-0870
TERMS AND CONDITIONS:
The Terms and Conditions which apply to this order are available by clicking the link below or copying into your web browser:
http://extranet.everbrite.com/common2/terms_conditions_fluor.pdf
•
Lopez, Reuben
From: Terri Tomlinson <ttomlinson@fluoresco.com>
Sent: Tuesday, April 30, 2019 10:11 AM
To: Lopez, Reuben
Cc: Gary Gryder
Subject: RE: Mesa's Information
I have talked with our contract administrator and yes we can take out the install pricing of$450.00(just deduct it from
current price on the contract). Do you want me to rework the quote to reflect this??
uu <
Thank you. �"'' Avs
Terri Tomlinson
Assistant Install Manager and Street Sign Coordinator
LUORESCO
SERVICES
Fluoresco Services
4048 E Superior Ave
Phoenix, AZ 85040
602-276-0600
602-323-8642 direct
602-909-3621 cell
www.fluoresco.com
From: Lopez, Reuben<RLopez@GLENDALEAZ.COM>
Sent:Tuesday,April 30, 2019 9:59 AM
To:Terri Tomlinson <ttomlinson@fluoresco.com>
Cc:Gary Gryder<ggryder@fluoresco.com>
Subject: RE: Mesa's Information
Caution: This email originated from outside of the organization. DO NOT click links or open attachments un
Terri,
Good morning. Hope you are doing well. Any updates on this?
Thanks,
Reuben
From: Lopez, Reuben
Sent: Friday, April 26, 2019 7:59 AM
1
Arizona Corporation Commission Page 1 of 3
Entity Information
Search Date and Time:
4/30/2019 2:35:32 PM
Entity Details
Entity Name: FLUORESCO SERVICES LLC Entity ID: L19031779
Entity Type: Domestic LLC Entity Status: Active
Formation Date: 2/5/2014 Reason for Status: In Good Standing
Approval Date: 2/12/2014 Status Date:
Original Incorporation Date: 2/5/2014 Life Period: Perpetual
Business Type: Last Annual Report Filed:
Domicile State: AZ Annual Report Due Date:
Years Due:
Original Publish Date: 2/12/2014
gfrAvarAccit6Jc.gov/Divisions/Administration/Privacy.asp) I Contact Us (http://www.azcc.gov/divisions/corporations/contact-us.asp)
https://ecorp.azcc.gov/BusinessSearch/Businesslnfo?entityNumber=L 19031779 4/30/2019
Arizona Corporation Commission Page 2 of 3
Name: C T CORPORATION SYSTEM Appointed Status: Active
Attention: Address: 3800 N CENTRAL AVE SUITE
460 , PHOENIX, AZ 85012, USA
Agent Last Updated: 6/23/2015 E-mail:
Attention: Mailing Address: 3800 N CENTRAL AVE SUITE
460 , PHOENIX,AZ 85012, USA
County:
Principal Information
Title Name Attention Address Date of Taking Last
Office Updated
4949 S 110TH ST PO BOX 20020, GREENFIELD, WI,
Member EVERBRITE LLC 2/5/2014 2/12/2014
53228, USA
Member IRA ANDY 8469 PARDEE DR, OAKLAND, CA, 94621, USA 2/5/2014 1/12/2018
KLEIMAN
Page 1 of 1,records 1 to 2 of 2
Entity Known Place of Business
Attention: Address: 5505 S NOGALES County: Pima Last Updated: 2/6/2014
HWY, TUCSON, AZ, 85706, USA
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Entity Principal Office Address
Attention: Address: County: Last Updated:
Back Return to Search Return to Results Document History Name/Restructuring History
Pending Documents Microfilm History
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