Consolidated Agreement
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1/2/2020 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND CONSOLIDATED ELECTRICAL DISTRIBUTORS, DBA AZ ELECTRICAL SUPPLY THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of , 2021, between the City of Glendale, an Arizona municipal corporation (the “City”), and Consolidated Electrical Distributors, dba AZ Electric Supply, a(n) Delaware Corporation authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On May 3, 2021under S.A.V.E Cooperative Purchasing Agreement, the City of Mesa entered into a contract with Contractor to purchase the goods and services described in the Industrial and Non-Industrial Electrical and Process/SCADA Controls Equipment, Parts, Supplies and Tools Agreement No. 2021062 (“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 May 3, 2021, until the date the contract expires on May 2, 2024 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 May 2, 2026. The initial period of this Agreement, therefore, is the period from the Effective Date of this Agreement until May 2, 2024. The City may renew the term 2 4/29/2021 of this Agreement for a maxium of (2) two years until the Cooperative Purchasing Agreement expires on May 2, 2026. Glendale renewals are not automatic and shall only occur if the City gives the 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 One Hundred and Fifty Thousand dollars ($150,000) 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. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393. 3 4/29/2021 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. 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/oJulie Ossege 7070 W. Northern Avenue Glendale AZ 85303 And Consolidated Electrical Distributors, dba AZ Electrical Supply c/o Dave Dillman 807 W. Broadway Road Mesa AZ 85210 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. “City” City of Glendale, an Arizona municipal corporation By: ____________________________ Kevin R. Phelps City Manager “Contractor” Consolidated Electrical Distributors, dba AZ Electrical Supply, a Delaware Corporation By: ____________________________ Name: Dave Dillman Title: Authorized Representative ATTEST: ___________________________ Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: ___________________________ Michael D. Bailey City Attorney David Dillman 4 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND CONSOLIDATED ELECTRICAL DISTRIBUTORS, DBA AZ ELECTRICAL SUPPLY EXHIBIT A Industrial and Non-Industrial Electrical and Process/SCADA Controls Equipment, Parts, Supplies and Tools, City of Mesa Agreement No. 2021062 5 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND CONSOLIDATED ELECTRICAL DISTRIBUTORS, DBA AZ ELECTRICAL SUPPLY EXHIBIT B Scope of Work PROJECT Purchase of miscellaneous electrical and process/SCADA controls, equipment, parts, supplies and tools on an as needed basis. AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2021062 INDUSTRIAL AND NON-INDUSTRIAL ELECTRICAL AND PROCESS/SCADA CONTROLS EQUIPMENT, PARTS, SUPPLIES AND TOOLS 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 450 Mesa, AZ 85201 Attention Ted Stallings, CPPB Procurement Officer II E-Mail Ted.Stallings@MesaAZ.gov Phone (480) 644-2815 With a copy to: City of Mesa – Water Resources Attn: Greg Flynn, Sr. Fiscal Analyst P.O. Box 1466 Mesa, AZ 85211-1466 Greg.Flynn@MesaAZ.gov AND CONSOLIDATED ELECTRICAL DISTRIBUTORS DBA ARIZONA ELECTRICAL SUPPLY, (“Contractor”) Mailing Address 807 West Broadway Road Mesa, AZ 85210 Remit to Address PO Box 207072 Dallas, TX 75320-7072 Attention Dave Dillman E-Mail ddillman@aesmesa.com Phone 480.834.8050 2021062 Page 2 of 29 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to solicitation (“Agreement”) is entered into this 3rd day of May 2021, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and Consolidated Electrical Distributors an AZ 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 2021002 (“Solicitation”) for INDUSTRIAL AND NON-INDUSTRIAL ELECTRICAL AND PROCESS/SCADA CONTROLS, EQUIPMENT, PARTS, SUPPLIES AND TOOLS 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 4, 2021 and ending on May 3, 2024. 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 2021062 Page 3 of 29 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 ninety (90) to sixty (60) day period prior to Contract annual anniversary 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 2021062 Page 4 of 29 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 Credit Card/Procurement Card to make payment for orders under the Agreement with no additional charge/fee. Otherwise, payment will be through a traditional method of a check. 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. 2021062 Page 5 of 29 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 $1 million per occurrence/$2 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. 2021062 Page 6 of 29 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. 2021062 Page 7 of 29 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 By: Printed Name Title Date REVIEWED BY: By: Ted Stallings, CPPB Procurement Officer II CONSOLIDATED ELECTRICAL DISTRIBUTORS DBA ARIZONA ELECTRICAL SUPPLY, By: Printed Name Title Date David Dillman David Dillman Manager May 3, 2021 EXHIBIT A SCOPE OF WORK 2021062 Page 8 of 29 1. SCOPE OF WORK: To provide industrial and non-industrial electrical and process controls/SCADA equipment, parts, supplies, tools, and services. The term of any resulting contract shall be for three (3) years with an opportunity to renew for an additional two (2) years as provided for within the Scope of Work and Terms and Conditions sections of this RFP. Renewals options, exercisable based on contractor(s) has provided high quality product(s) and service with demonstrated cost containment efforts. 2. MULTI-AGENCY PROCUREMENT: The following agencies have given their express intent to purchase from resulting contract. Any and all S.A.V.E members may also purchase from resulting contract. Agency Name City of Avondale City of Mesa City of Scottsdale City of Tempe 3. PRODUCT SPECIFICATIONS: a. All products supplied by the Contractor shall be of commercial grade, new and genuine and meet all federal, state, and local standards for quality and safety. 4. INVENTORY: a. The contractor’s inventory must be of high-quality electrical parts and supplies and must be of sufficient quantity and variety to cover the majority of the City’s electrical parts needs. b. Due to the depth of product lines carried by most vendors, a line card illustrating all product lines carried by the firm shall be submitted and will be considered as part of the evaluation process. 5. DELIVERY: a. Contract Pricing shall be F.O.B destination. The City may consider paying for overnight or next day delivery charges for emergency and special-order items. b. Contractor shall retain title and control of all goods until they are delivered and received. All risk of transportation and all related charges shall be the responsibility of the Contractor. c. All claims for visible and concealed damage shall be filed by the Contractor. The City will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection. 6. PACKING SLIPS: a. Each shipment shall include a packing slip showing the City Order Number, Item number, and description, contract price, and the quantity shipped. Safety Data Sheets, if applicable, must accompany all orders at the time of delivery. 7. RESTOCKING FEES: a. There shall be no restocking fees for unused returned parts – special order items are exempted from this requirement. 8. PRODUCT RECALL: a. In the event of any recall notice, technical service bulletin, or other important notification affecting the equipment, parts and services purchased under resulting Contract, a notice EXHIBIT A SCOPE OF WORK 2021062 Page 9 of 29 shall be sent to the Contract Administrator. It shall be the responsibility of the Contractor to assure that all recall notices are sent directly to the Contract Administrator and Purchasing Office. b. Awarded contractor assumes full responsibility for prompt notification of both the contract administrator and purchasing of any product recall in accordance with the applicable State of Arizona and federal regulation. 9. DEFECTIVE PRODUCTS: a. All defective product shall be replaced and exchanged by the contractor. The cost of transportation, inspection, re-shipping or other like expenses shall be borne by the Contractor. All replacement products must be received by the City within thirty (30) days of initial notification or as mutually agreed upon by the City and the Contractor. 10. WARRANTY: a. All warranties shall start from date of delivery or pickup to/from the City. b. All warranties transfer to the City c. All warranty items/issues/concerns shall be resolved at no charge to the City. This shall include, but not be limited to, parts, labor, freight, travel, etc. d. All warranty issues/concerns shall be resolved within a time frame mutually determined by the City and Contractor. 11. REQUEST FOR PROPOSAL PRICE SHEET: a. Proposals shall be submitted on the forms provided. Should proposer need to provide additional information, they may do so by attaching additional sheet(s) to the proposal form. b. As it is not feasible to list every product needed in the City’s day-to-day operation the Proposal Price Sheet contain a shopping cart of products for the purposes of analysis. Therefore, the City is requesting a Catalog/List Price discount for additional items and services not specifically listed on the Proposal Price Sheet to successfully obtain a full line of equipment, parts, supplies and services. All items in the manufacturer price catalog(s) shall be available to the City at the discount(s) offered. The discount(s) off of catalog/list shall remain fixed for the life of the initial contract period and renewal options. Unit price shall be the published price less the discount(s) offered. Proposers should not leave the discount section blank on the pricing sheet. A nominal value should be included anywhere from 0% to 100%. If different discounts would apply depending on the type of product or equipment, right “various” in the space provided and include a list of different discounts offered. c. The following product and service groups are included in the RFP Price Sheet: Group 1 - Fuses Group 2 – Load Centers/Sub Panels Group 3 – Distribution Panels Group 4 – Fused Disconnects Group 5 – Switches, Receptacles & Boxes Group 6 – Circuit Breakers Group 7 – Electrical Wire (All wire with THHN/THW insulation) Group 8 – Conduit Group 9 – Conduit Fittings - Die-Cast Group 10 – Conduit Fittings - Steel Compression R/T type Group 11 – Conduit Fittings - Steel Set Screw type EXHIBIT A SCOPE OF WORK 2021062 Page 10 of 29 Group 12 – Ballast Group 13 – Lamps Group 14 – Parking lot and Garage light fixtures Group 15 – Parking lot and Garage light fixtures - Dialight Only - No Substitutions Group 16 – Parking lot and Garage light fixtures - Phillips Only - No Substitutions Group 17 – Parking lot and Garage light fixtures - RAB Only - No Substitutions Group 18 – Lighting Fixtures Group 19 – Lighting Fixtures Group 20 – Lighting Fixtures Group 21– Lighting Fixtures - RAB Only - No Substitutions Group 22 – Variable Frequency Drives - ABB Group 23 – Variable Frequency Drives - Allen Bradley Group 24 – Variable Frequency Drives - Danfoss Group 25 – Variable Frequency Drives - Eaton Group 26 - Variable Frequency Drives - Schneider Electric Group 27 - Variable Frequency Drives - Toshiba Group 28 – Switchgear (SES) Group 29 – Services Group 30 – Discounts Offered Group 31 – Manufacturer Discounts Offered 12. INVOICING/PAYMENT: a. Invoices shall be emailed to: i. Water Resources Department: WaterAcctsPayable@MesaAZ.gov for the fastest processing. ii. Other City of Mesa Departments will provide additional email address upon award of contract(s). iii. Cities of Avondale, Scottsdale and Tempe will provide email address upon award of contract(s) iv. Contractors shall not invoice for products/service items not shipped or performed, as this will delay payment of entire invoice. b. Invoices shall include the following: i. delivery order (DO) #, ii. part number(s), iii. products/services descriptions, iv. list price, percent discount, v. city cost (contract pricing), vi. if applicable freight charge and sales tax. c. Contractor shall not invoice for items not delivered as this will delay payment of entire invoice. d. Contractor shall e-mail invoices to appropriate email address above no later than five (5) to seven (7) calendar days after product/services is received by the City. e. Payment in full shall be made to the Contractor within thirty (30) days after receipt and approval of an invoice, unless terms other than net thirty (30) days are offered as a discount, at the City’s sole discretion. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 21 of 29 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 22 of 29 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. iv. 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 with a value of $100,000 or more, 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 goods and services from Israel. 10. SALES/USE TAX, OTHER TAXES. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 23 of 29 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 24 of 29 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 25 of 29 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 26 of 29 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 27 of 29 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 by the Contract Administrators, supplements or amendments may be 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. EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 28 of 29 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. 49. PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as a part of the services provided to the City, Contractor shall comply with the Payment Card Industry EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 2021062 Page 29 of 29 Data Security Standards (“PCI DSS”) and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of the City’s and/or any customer’s credit card data in its possession, even if all or a portion of the services to City are subcontracted to third parties 6 4/29/2021 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND CONSOLIDATED ELECTRICAL DISTRIBUTORS, DBA AZ ELECTRICAL SUPPLY EXHIBIT C METHOD AND AMOUNT OF COMPENSATION Method of payment an amount of compensation is provided in the City of Mesa Electrical and Process/SCADA Controls, Equipment, Parts, Supplies and Tools Agreement 2021062. 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 $150,000 for the entire term of the Agreement. DETAILED PROJECT COMPENSATION Electrical and SCADA Controls will be purchased on as needed basis per the City of Mesa Agreement 2021062 Exhibit B. EXHIBIT B PRICING 2021062 Page 11 of 29 Pricing must be inclusive of all costs including, delivered to a City facility. The City will not pay fuel surcharges or any cost beyond those stated below. The provided ‘shopping cart’ of commonly used items will be used to evaluate a firms’ overall pricing strategy, however, the depth and discounts associated with you ‘line card’ of available products will weigh heavily in overall scoring of a firm. Description Unit Cost Each *Minimum Discount off List Price Proposed Manufacturer Group 1 - Fuses 1 30 AMP x 250 volt dual element Each $3.95 68.00% Littlefuse 2 60 AMP x 250 volt dual element Each $7.67 68.00% Littlefuse 3 100 AMP x 250 volt dual element Each $16.40 68.00% Littlefuse 4 150 AMP x 250 volt dual element Each $36.05 68.00% Littlefuse 5 175 AMP x 250 volt dual element Each $36.05 68.00% Littlefuse 6 200 AMP x 250 volt dual element Each $36.05 68.00% Littlefuse 7 250 AMP x 250 volt dual element Each $68.25 68.00% Littlefuse 8 20 AMP x 600 volt dual element Each $8.85 68.00% Littlefuse 9 30 AMP x 600 volt dual element Each $8.85 68.00% Littlefuse 10 75 AMP x 600 volt dual element Each $33.75 68.00% Littlefuse 11 100 AMP x 600 volt dual element Each $33.75 68.00% Littlefuse 12 200 AMP x 600 volt dual element Each $63.00 68.00% Littlefuse 13 250 AMP x 600 volt dual element Each $125.50 68.00% Littlefuse 14 400 AMP x 600 volt dual element Each $125.50 68.00% Littlefuse 15 600 AMP x 600 volt dual element Each $183.00 68.00% Littlefuse 16 800 AMP x 600 volt dual element Each $353.35 68.00% Littlefuse Group 2 – Load Centers/Sub Panels 17 60 AMP x 2 pole x 240 volt (8 pole position) breaker panel outdoor with 60 AMP main breaker Each $254.05 52.00% Eaton 18 100 AMP x 2 pole x 240 volt (12 pole position) breaker panel outdoor with 100 AMP main breaker Each $108.50 89.00% Eaton EXHIBIT B PRICING 2021062 Page 12 of 29 Group 3 – Distribution Panels 19 250 AMP - 250/600 volt 3 phase / 4 wire Each $350.00 80.00% Eaton 20 400 AMP - 250/600 volt 3 phase / 4 wire Each $450.00 80.00% Eaton 21 600 AMP - 250/600 volt 3 phase / 4 wire Each $500.00 80.00% Eaton 22 800 AMP - 250/600 volt 3 phase / 4 wire Each $550.00 80.00% Eaton 23 1000 AMP - 250/600 volt 3 phase / 4 wire Each n/a 0.00% Eaton 24 1200 AMP - 250/600 volt 3 phase / 4 wire Each $650.00 80.00% Eaton Group 4 – Fused Disconnects 25 30 AMP x 2 pole x 240 volt fused-knife switched, raintight (no fuses) Each $54.00 84.00% Eaton 26 60 AMP x 2 pole x 240 volt fused-knife switched, raintight (no fuses) Each $89.00 84.00% Eaton 27 100 AMP x 2 pole x 240 volt fused-knife switched, raintight (no fuses) Each $115.00 84.00% Eaton Group 5 – Switches, Receptacles & Boxes 28 20 AMP x 1 pole x 1 throw spec grade toggle Each $1.95 32.00% Leviton 29 20 AMP x 120 volt x grounded duplex receptacle Each $1.35 32.00% Leviton 30 4 square boxes: 1 7/8" with combination 1/2" and 3/4" KO's Each $1.55 90.00% TNB 31 4 square boxes: 2 1/8" with combination 1/2" and 3/4" KO's Each $1.45 90.00% TNB Group 6 – Circuit Breakers 32 20 AMP x 240 volt x 1 pole square D type snap in Each $8.00 70.00% SQD 33 20 AMP x 240 volt x 2 pole square D type snap in Each $23.00 35.00% SQD 34 30 AMP x 240 volt x 2 pole square D type snap in Each $23.00 35.00% SQD 35 20 AMP x 240 volt x 1 pole square D type screw on Each $14.00 35.00% SQD 36 20 AMP x 240 volt x 2 pole square D type screw on Each $33.00 35.00% SQD Group 7 – Electrical Wire (All wire with SSE-XHHW insulation) 37 SSE-XHHW-6-BLK-7STR-CU-5000R Feet $0.64 80.00% SERVICE WIRE 38 SSE-XHHW-6-GRN-7STR-CU-S000R Feet $0.64 80.00% SERVICE WIRE 39 SSE-XHHW-8-BLK-7STR-CU-5000R Feet $0.42 80.00% SERVICE WIRE 40 SSE-XHHW-8-GRN-7STR-CU-5000R Feet $0.42 80.00% SERVICE WIRE 41 SSE-XHHW-10-BRN-19STR-CU-S00SP Feet $0.30 80.00% SERVICE WIRE 42 SSE-XHHW-10-ORG-19STR-CU-S00SP Feet $0.30 80.00% SERVICE WIRE EXHIBIT B PRICING 2021062 Page 13 of 29 Group 8 – Electrical Wire (All wire with THHN/THW insulation) 43 #12 AWG copper stranded Feet $0.20 80.00% SOUTHWIRE 44 #10 AWG copper stranded Feet $0.28 80.00% SOUTHWIRE 45 #8 AWG copper stranded Feet $0.44 80.00% SOUTHWIRE 46 #6 AWG copper stranded Feet $0.70 80.00% SOUTHWIRE 47 #4 AWG copper stranded Feet $1.00 80.00% SOUTHWIRE 48 2/0 copper Feet $2.75 80.00% SOUTHWIRE 49 3/0 copper Feet $3.50 80.00% SOUTHWIRE 50 250 MCM Feet $5.00 80.00% SOUTHWIRE 51 500 MCM Feet $9.95 80.00% SOUTHWIRE Group 9 – Conduit 52 ½” EMT Feet $0.73 55.00% WESTERN 53 ¾” EMT Feet $1.30 55.00% WESTERN 54 1” EMT Feet $2.24 55.00% WESTERN 55 2” EMT Feet $5.22 55.00% WESTERN 56 2-1/2” EMT Feet $7.93 55.00% WESTERN 57 3” EMT Feet $10.06 55.00% WESTERN 58 4” EMT Feet $13.56 55.00% WESTERN 59 ½” IMC/RMC Feet $1.68 65.00% WESTERN 60 ¾” IMC/RMC Feet $1.97 65.00% WESTERN 61 1” IMC/RMC Feet $3.03 65.00% WESTERN 62 2-½” IMC/RMC Feet $12.23 65.00% WESTERN 63 3” IMC/RMC Feet $17.35 65.00% WESTERN 64 4” IMC/RMC Feet $22.94 65.00% WESTERN 65 ½” PVC Coated Conduit Feet $4.70 35.00% ROBROY 66 ¾” PVC Coated Conduit Feet $5.45 35.00% ROBROY 67 1” PVC Coated Conduit Feet $7.05 35.00% ROBROY 68 2” PVC Coated Conduit Feet $14.16 35.00% ROBROY 69 2-1/2” PVC Coated Conduit Feet $21.43 35.00% ROBROY 70 3” PVC Coated Conduit Feet $23.64 35.00% ROBROY 71 4” PVC Coated Conduit Feet $33.12 35.00% ROBROY EXHIBIT B PRICING 2021062 Page 14 of 29 Group 10 – Conduit Fittings - Die-Cast 72 ½” EMT compression connector Each $0.33 81.00% TOPAZ 73 ¾” EMT compression connector Each $0.59 81.00% TOPAZ 74 1” EMT compression connector Each $0.99 81.00% TOPAZ 75 2” EMT compression connector Each $3.37 81.00% TOPAZ 76 ½” EMT compression coupling Each $0.52 81.00% TOPAZ 77 ¾” EMT compression coupling Each $0.68 81.00% TOPAZ 78 1” EMT compression coupling Each $1.12 81.00% TOPAZ 79 2” EMT compression coupling Each $3.78 81.00% TOPAZ 80 ½” LB (AL) with cover and composition gasket Each $3.34 81.00% TOPAZ 81 ¾” LB (AL) with cover and composition gasket Each $4.01 81.00% TOPAZ 82 1” LB (AL) with cover and composition gasket Each $5.44 81.00% TOPAZ 83 ½” C (AL) with cover and composition gasket Each $3.34 81.00% TOPAZ 84 ¾” C (AL) with cover and composition gasket Each $4.01 81.00% TOPAZ 85 1” C (AL) with cover and composition gasket Each $5.44 81.00% TOPAZ 86 ½” LB (MA) with cover and composition gasket Each $10.20 55.00% TOPAZ 87 ¾” LB (MA) with cover and composition gasket Each $12.92 55.00% TOPAZ 88 1” LB (MA) with cover and composition gasket Each $20.37 55.00% TOPAZ 89 ½” C (MA) with cover and composition gasket Each $10.20 55.00% TOPAZ 90 ¾” C (MA) with cover and composition gasket Each $12.92 55.00% TOPAZ 91 1” C (MA) with cover and composition gasket Each $20.37 55.00% TOPAZ Group 11 – Conduit Fittings - Steel Compression R/T type 92 ½” EMT compression connector Each $0.84 34.00% TOPAZ 93 ¾” EMT compression connector Each $1.21 34.00% TOPAZ 94 1” EMT compression connector Each $1.62 34.00% TOPAZ 95 2” EMT compression connector Each $3.44 34.00% TOPAZ 96 2½” EMT compression coupling Each $11.37 34.00% TOPAZ 97 3" EMT compression coupling Each $13.28 34.00% TOPAZ 98 4” EMT compression coupling Each $21.03 34.00% TOPAZ Group 12 – Conduit Fittings - Steel Set Screw type 99 ½” EMT Set Screw connector Each $0.21 85.00% TOPAZ 100 ¾” EMT Set Screw connector Each $0.32 85.00% TOPAZ EXHIBIT B PRICING 2021062 Page 15 of 29 101 1” EMT Set Screw connector Each $0.49 85.00% TOPAZ 102 2” EMT Set Screw connector Each $1.60 85.00% TOPAZ 103 2½” EMT Set Screw connector Each $4.44 85.00% TOPAZ 104 3" EMT Set Screw connector Each $8.20 85.00% TOPAZ 105 4” EMT Set Screw connector Each $10.29 85.00% TOPAZ Group 13 – Ballast 106 71A8172-001D or Equivalent Each $44.07 86.00% ADVANCE 107 71A8271-001D or Equivalent Each $66.20 86.00% ADVANCE 108 71A8473-001D or Equivalent Each $71.13 86.00% ADVANCE 109 71A5770-001D or Equivalent Each $44.00 80.00% ADVANCE 110 71A6071-001D or Equivalent Each $45.38 82.00% ADVANCE 111 71A6572-001 or Equivalent Each $91.88 81.50% ADVANCE 112 71A6772-001 or Equivalent Each $132.71 75.00% ADVANCE 113 ICN2P32N351 or Equivalent Each $7.40 85.00% ADVANCE Group 14 – Lamps 114 GAN-SA4-X-740-U-T4FT-MA-BZ-TH-PR7-3-U109072 or Equivalent Each $944.72 15.00% GARDCO 115 ARCH-M-PA2-150-740-U-T3-AP-10K-HA-PR7 or Equivalent Each $289.00 17.00% LUMEC Group 15 – Parking lot and Garage light fixtures 116 Light Poles 10 ft 7 gauge Galvanized & Powder Coated Each $508.50 20.00% GARDCO 117 Light Poles 10 ft 11 gauge Galvanized & Powder Coated Each $316.30 20.00% GARDCO 118 Light Poles 15 ft 7 gauge Galvanized & Powder Coated Each $469.40 20.00% GARDCO 119 Light Poles 15 ft 11 gauge Galvanized & Powder Coated Each $317.00 20.00% GARDCO 120 Light Poles 30 ft 7 gauge Galvanized & Powder Coated Each $686.25 20.00% GARDCO 121 Light Poles 30 ft 11 gauge Galvanized & Powder Coated Each $848.29 20.00% GARDCO 122 LED Fixture head - Shoe box type, straight pole arm mount, 41k, 150, Parking Distribution Each $258.00 20.00% PHILIPS 123 LED Fixture head - Shoe box type, slip fit mount, 41k, 150, Parking Distribution Each $286.00 20.00% PHILIPS 124 LED Fixture head - Shoe box type, trinnion mount, 41k, 150, Parking Distribution Each $167.65 20.00% STONCO 125 LED Fixture head - Cobra head type, straight pole arm mount, 41k, 150, Parking Distribution Each $325.00 20.00% LUMEC EXHIBIT B PRICING 2021062 Page 16 of 29 Group 16 – Parking lot and Garage light fixtures - Dialight Only - No Substitutions 126 BHE-4BN2-3NFN-VGN or Equivalent Each $419.55 22.00% DIALIGHT 127 HEU7MN2ADN-VNGN H or Equivalent Each $705.38 20.00% DIALIGHT Group 17 – Parking lot and Garage light fixtures - Phillips Only - No Substitutions 128 101L-16L-530-NW-Gl-2 or Equivalent Each $356.25 12.50% GARDCO 129 TCW097 1XTL-D36WHFS or Equivalent Each $193.75 12.50% DAYBRITE Group 18 – Parking lot and Garage light fixtures - RAB Only - No Substitutions 130 FXLED-78W-SF-4000K or Equivalent Each $499.00 30.00% RAB 131 BAYLED-78W-4000K-W or Equivalent Each $432.13 30.00% RAB Group 19 – Lighting Fixtures 132 CFP22-40/33/2840 or Equivalent Each $39.00 10.00% DAYBRITE 133 CFP24-4140-HE or Equivalent Each $61.00 10.00% DAYBRITE Group 20 – Lighting Fixtures 134 SFP22 LED FS UNV DIM or Equivalent Each $39.00 10.00% DAYBRITE 135 SFP24 LED FS UNV DIM or Equivalent Each $61.00 10.00% DAYBRITE Group 21 – Lighting Fixtures 136 2FPZ20L840-2-DS-UNV-DIM or Equivalent Each $50.00 0.00% DAYBRITE 137 2FPZ20L840-4-DS-UNV-DIM or Equivalent Each $70.25 0.00% DAYBRITE 138 VTF4UZDA240K or Equivalent Each $49.00 0.00% DAYBRITE 139 VTF8UZDA140K or Equivalent Each $265.00 0.00% DAYBRITE Group 22– Lighting Fixtures - RAB Only - No Substitutions 140 SEAL 4 50 N/D10 or Equivalent Each $83.75 35.00% RAB 141 SEAL 8 100 N/D10 or Equivalent Each $208.75 31.00% RAB Group 23 – Variable Frequency Drives - ABB 142 1 HP ABB VFD-22B Power Flex 40 Each $978.30 10.00% AB 143 5 HP ABB VFD-22B Power Flex 40 Each $0.00 0.00% 144 7.5 HP ABB VFD-22B Power Flex 40 Each $0.00 0.00% 145 10 HP ABB VFD-22B Power Flex 40 Each $0.00 0.00% 146 25 HP ABB VFD-Power Flex 755 Each $0.00 0.00% 147 200 HP ABB VFD-Power Flex 755 Each $0.00 0.00% EXHIBIT B PRICING 2021062 Page 17 of 29 Group 26 – Variable Frequency Drives - Eaton 150 1 HP Eaton-SVX & SPX9000 Each $1,150.00 40.00% EATON 151 5 HP Eaton-SVX & SPX9000 Each $1,850.00 40.00% EATON 152 7.5 HP Eaton-SVX & SPX9000 Each $2,085.00 40.00% EATON 153 10 HP Eaton-SVX & SPX9000 Each $2,400.00 40.00% EATON 154 25 HP Eaton-SVX & SPX9000 Each $5,950.00 40.00% EATON 155 200 HP Eaton-CPX 18-pulse Each CUSTOM 40.00% EATON Group 27 - Variable Frequency Drives - Schneider Electric 156 1 HPSchneider Electric- ATV600 Each $1,370.00 30.00% SQD 157 15 HPSchneider Electric-ATV600 Each $2,725.00 30.00% SQD 158 25 HPSchneider Electric-ATV600 Each $3,675.00 30.00% SQD 159 30 HPSchneider Electric-ATV600 Each $4,250.00 30.00% SQD 160 50 HPSchneider Electric-ATV600 Each $6,020.00 30.00% SQD 161 150 HPSchneider Electric-ATV600 Each $13,706.00 30.00% SQD 162 250 HPSchneider Electric-ATV600 Each $17,771.00 30.00% SQD 163 300 HPSchneider Electric-ATV600 Each $21,300.00 30.00% SQD Group 28 - Variable Frequency Drives - Toshiba 164 300 HP Toshiba Each $20,950.00 30.00% TOSHIBA Group 29 – Switchgear (SES) 165 600 Amp Eaton Each $10,240.00 80.00% EATON 166 800 Amp Eaton Each $11,250.00 80.00% EATON 167 1200 Amp Eaton Each $15,250.00 80.00% EATON 168 2000 Amp Eaton Each $19,510.00 80.00% EATON 169 600 Amp Schneider Each $12,500.00 70.00% SQD 170 800 Amp Schneider Each $13,750.00 70.00% SQD 171 1200 Amp Schneider Each $18,000.00 70.00% SQD 172 2000 Amp Schneider Each $23,500.00 70.00% SQD 173 600 Amp Siemens Each $12,010.00 72.00% SIEMENS 174 800 Amp Siemens Each $13,625.00 72.00% SIEMENS 175 1200 Amp Siemens Each $17,850.00 72.00% SIEMENS 176 2000 Amp Siemens Each $22,950.00 72.00% SIEMENS EXHIBIT B PRICING 2021062 Page 18 of 29 *Proposed minimum discount will apply to like items contained in each group, per manufacture. Proposers should not leave the discount section blank on the pricing sheet. A nominal value should be included anywhere from 0% to 100%. Group 30 – Services Unit Cost Each 1 Electrical Testing Services (including but not limited to Ground Fault, Injection Test, GFCI Testing & High Potential) Per Hour $260.00 4 HR MIN EATON 2 VFD Start up and Commisioning Per Hour $260.00 4 HR MIN EATON 3 Photometric Design Per Hour $260.00 4 HR MIN PHILIPS 4 Specialty Panel/Control Panel Design Per Hour $450.00 8 HR MIN EATON 5 Transfer Switch Service/PM Per Hour $260.00 4 HR MIN EATON Group 31 – Discounts Offered As it is not feasible to list every product needed in the City’s day-to-day operation the Proposal Price Sheet contain a shopping cart of products for the purposes of analysis. Therefore, the City is requesting a Catalog/List Price discount for additional items and services not specifically listed on the Proposal Price Sheet to successfully obtain a full line of equipment, parts, supplies and services. All items in the manufacturer price catalog(s) shall be available to the City at the discount(s) offered. The discount(s) off of catalog/list shall remain fixed for the life of the initial contract period and renewal options. Unit price shall be the published price less the discount(s) offered. Proposers should not leave the discount section blank on the pricing sheet. A nominal value should be included anywhere from 0% to 100%. If different discounts would apply depending on the type of product or equipment, right “various” in the space provided and include a list of different discounts offered. Manufacturer Discount Price List Used 1 DIALIGHT 22.00% PREFERRED VENDOR QUOTE 2 PHILIPS,GARDCO,LUMEC, STONCO 20.00% PREFERRED VENDOR QUOTE 3 LEVITON 32.00% PREFERRED VENDOR QUOTE 4 EATON POWER COMPONENTS 80.00% PREFERRED VENDOR QUOTE 5 LITTLEFUSE 68.00% PREFERRED VENDOR QUOTE 6 SOUTHWIRE 80.00% PREFERRED VENDOR QUOTE EXHIBIT B PRICING 2021062 Page 19 of 29 7 ROBROY 35.00% PREFERRED VENDOR QUOTE 8 WESTERN CONDUIT 55.00% PREFERRED VENDOR QUOTE 9 TOPAZ 81.00% PREFERRED VENDOR QUOTE 10 FLUKE 10.00% PREFERRED VENDOR QUOTE 11 DAYBRIGHT 12.50% PREFERRED VENDOR QUOTE 12 RAB 30.00% PREFERRED VENDOR QUOTE 13 EATON DRIVES 40.00% PREFERRED VENDOR QUOTE 14 SCHNEIDER DRIVES 30.00% PREFERRED VENDOR QUOTE 15 INTERMATIC 30.00% PREFERRED VENDOR QUOTE 16 3M 30.00% PREFERRED VENDOR QUOTE 17 BLINE 20.00% PREFERRED VENDOR QUOTE 18 CANTEX 70.00% PREFERRED VENDOR QUOTE 19 KRAYLOY 20.00% PREFERRED VENDOR QUOTE 20 CULLY 30.00% PREFERRED VENDOR QUOTE 21 KLEIN 25.00% PREFERRED VENDOR QUOTE 22 IDEAL 20.00% PREFERRED VENDOR QUOTE 23 PENN UNION 10.00% PREFERRED VENDOR QUOTE 24 PANDUIT 20.00% PREFERRED VENDOR QUOTE 25 TNB 20.00% PREFERRED VENDOR QUOTE 26 MILWAUKEE 10.00% PREFERRED VENDOR QUOTE 27 SUNSET LADDERS 25.00% PREFERRED VENDOR QUOTE 28 MILBANK 30.00% PREFERRED VENDOR QUOTE 29 HUBBELL 40.00% PREFERRED VENDOR QUOTE 30 DURACELL BATTERIES 25.00% PREFERRED VENDOR QUOTE Group 31 – Manufacturer Discounts Offered Proposers should not leave the discount section blank on the pricing sheet. A nominal value should be included anywhere from 0% to 100%. If different discounts would apply depending on the type of product or equipment, right “various” in the space provided and include a list of different discounts offered. EXHIBIT B PRICING 2021062 Page 20 of 29 Manufacturer Discount Price List Used 1 ABB 0.00% 2 Allen Bradly 10.00% VENDOR QUOTE 3 Allen Bradly - PowerFlex 10.00% VENDOR QUOTE 4 ASCO 0.00% VENDOR QUOTE 5 Eaton 20.00% VENDOR QUOTE 6 Schneider Electric 20.00% VENDOR QUOTE 7 Schneider Electric - Advanced Control Expert XL Entity Support 0.00% VENDOR QUOTE 8 Siemens 20.00% VENDOR QUOTE 9 Square D 20.00% VENDOR QUOTE 10 Square D Omega PAC 20.00% VENDOR QUOTE 11 Yaskwa 0.00% VENDOR QUOTE 12 Phillips Lamps, HID, and LED 35.00% VENDOR QUOTE 13 Haclo, HID, and LED Lamps, and Fixtures 30.00% VENDOR QUOTE 14 SATCO, HID, and LED Lamps, and Fixtures 30.00% VENDOR QUOTE 15 Hubble Lighing, and Equipment (GFCI, Sockets, Switches, Etc.) 0.00% VENDOR QUOTE 16 RAB 30.00% VENDOR QUOTE 17 Dialight 22.00% VENDOR QUOTE 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 2.00% removed from the taxable item(s) for the purpose of award evaluation (i.25). DELIVERY: See Mesa Standard Terms and Conditions.