Agreement with AZ West Builders
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LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND ARIZONA WEST BUILDERS AND COMMUNICATIONS, INC. This Linking Agreement (“Agreement”) is enteted into as of this day of , 2026, between the City of Glendale, an Arizona municipal corporation (“City”), and Arizona West Builders and Communications, Inc., an Arizona corporation, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.” RECITALS A. On August 25, 2025, the City of Mesa, a member of the S.A.V.E Cooperative Purchasing Agreement, entered into a contract with Contractor to purchase the goods and services described in the Communications Tower Services, Contract No. 2025117 (“Cooperative Agreement”), which is attached hereto as Exhibit A. ‘The Cooperative Agreement allows its cooperative use by other governmental agencies, including the City. B. Section 2-149 of the City’s Procurement Code permits the Finance Director 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. Cc. Section 2-149 also provides that the Finance Director may enter into such cooperative agreements without mecting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City wishes to contract with Contractor for supplies or services identical to those being provided to other units of government under the Cooperative Agreement. Contractor consents to the City’s cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide the supplies and services set forth in the Statement of Work appended hereto as Exhibit B. 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. A. As provided in the Cooperative Agreement, purchases can be made by governmental entities from the date of award, which was August 25, 2025, until the date the contract terminates on August 24, 2028, unless the term is extended by mutual agreement of the parties to the Cooperative Agreement. The Cooperative Agreement, however, may not be extended beyond August 24, 2030. The initial period of this Agreement is the period from the Effective Date of this Agreement until August 24, 2028. B. The City may extend the term of this Agreement for up to a maximum of two (2) years if the Cooperative Agreement is likewise extended and the City gives the Contractor notice that it is exercising its option to extend this Agreement 30 days prior to the anniversary of 1 01/28/2025 the Effective Date. Glendale extensions are not automatic and shall only occur if the City affirmatively exercises its right to extend this Agreement. 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. 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 three hundred thousand dollars ($300,000) for the entire term of the Agreement (initial term plus any extensions). Cancellation. ‘This Agreement may be cancelled pursuant to A.R.S. § 38-511. Non-discrimination. Contractor must not disctiminate 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, watrants compliance with this section. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of ARS. § 41-4401. 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. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and during the term of this Agreement, will not use: the forced labor of ethnic Uyghurs in the People’s Republic of China; b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; and c. any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 2 01/28/2025 10. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standatd (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 11. 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 Lindsay Lucas 7070 W. Northern Avenue Glendale, AZ 85303 and Arizona West Builders and Communications, Inc. 2040 S. Alma School Road, #1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set PMB 153 Chandler, AZ 85286 forth above. “City” City of Glendale, an Arizona municipal corporation By: Patrick S. Banger City Manager ATTEST: Julie K. Bower (SEAL) City Clerk APPROVED AS TO FORM: Michael D. Bailey City Attorney “Contractor” Arizona West ders and Commuications, Inc., an Arizona c ration By: Name: Title: President 01/28/2025 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND ARIZONA WEST BUILDERS AND COMMUNICATIONS, INC. EXHIBIT A COMMUNICATIONS TOWER SERVICES, CITY OF MESA CONTRACT NO. 2025117 > < mesa-az AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2025117 COMMUNICATIONS TOWER SERVICES CITY OF MESA, Arizona (“City”) Department Name City of Mesa — Procurement Services Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 450 Mesa, AZ 85201 Attention Michael Gale Procurement Officer | E-Mail Michael.Gale@MesaAZ.gov Phone (480) 644-6426 With a copy to: City of Mesa — Innovation and Technology Department Attn: Jordan Morton, Information Technology (IT) Project Liaison P.O. Box 1466 Mesa, AZ 85211-1466 Jordan.Morton@MesaAZ.gov AND ARIZONA WEST BUILDERS AND COMMUNICATIONS, INC, (“Contractor”) Mailing Address 21012 S. Cooper Rd. Chandler, AZ 85286 Remit to Address PMB 153, 2040 S. Alma School Rd. #1 Chandler, AZ 85286 Attention Chris Malmanger E-Mail Chris@azwestbuilders.com Phone (480) 570-0387 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Page 1 of 24 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to Solicitation (“Agreement”) is entered into this 25" day of August, 2025, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and Arizona West Builders and Communications, Inc, an Arizona State corporation (“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 2025117 (‘Solicitation’) for COMMUNICATIONS TOWER 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 August 25, 2025 and ending on August 24, 2028. 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 before 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 before 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 before 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 are 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 2025117 - Communications Tower Services Page 2 of 24 Arizona West Builders and Communications, Inc 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 Procurement Services 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 the 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 adjustments 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 before Contract expiration or annual anniversary or bi-annual 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:/Awww.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 2025117 - Communications Tower Services Page 3 of 24 Arizona West Builders and Communications, Inc 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. 2025117 - Communications Tower Services Page 4 of 24 Arizona West Builders and Communications, Inc 6.4 Each insurance policy required under the Agreement must be in effect at or before the execution of the Agreement and remain in effect for the term of the Agreement. 6.5 Before the execution of the Agreement, Contractor shall verify insurance coverage and may be asked to 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 Products and 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 the 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 in 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: 2025117 - Communications Tower Services Page 5 of 24 Arizona West Builders and Communications, Inc 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: e (A) Scope of Work » (B) Pricing e (C) Mesa Standard Terms and Conditions e §=©(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. 2025117 - Communications Tower Services Page 6 of 24 Arizona West Builders and Communications, Inc 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 Edward Quedens en=Edward Quedens, o=City of Mesa, . ou=Business Services By: __ Director /Cityof Mesa z.gov, c=US 2025.08.27 16:00:21 -07'00° ARIZONA WEST BUILDERS AND COMMUNICATIONS, INC Marty Franklin Printed Name Printed Name Operations Manager Title Title 8/26/25 Date Date REVIEWED BY: By: Michael Gale Michael Gale Procurement Officer | 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Page 7 of 24 EXHIBIT A SCOPE OF WORK 1. SCOPE OF WORK: The purpose of this contract is to establish services with qualified firms to provide a range of communication site and structure services, including, but not limited to planned and unplanned tower climbing support, equipment replacement/removal, inspections, cable testing/sweeps, and bonding/grounding. 2. MANDATORY MINIMUM QUALIFICATIONS: The following requirements have been identified as mandatory minimum qualifications for this procurement. Firms that do not meet these mandatory minimum qualifications may be deemed non-susceptible for award and removed from the evaluation process. 2.1 Contractor must be registered with the Arizona Registrar of Contractors as necessary for the work being performed. 2.2 Contractor shall have fully trained and certified personnel capable of providing engineering, supervision, system evaluation, and the appropriate troubleshooting services to the City. 2.3 Contractor shall only provide parts meeting the original manufacturer's design and specifications. 2.4 All field staff assigned to the resulting contract shall possess and maintain a current climbers’ certification for safe climbers. 2.5 All field staff assigned to the resulting contract shall possess and maintain a current tower rescue certification. 2.6 Familiarity and experience with the Motorola R56 standard. 3. CITY OF MESA OWNED TOWERS: The City reserves the right to add or remove towers during the term of any resulting contract. The cost for new towers will be negotiated between the Contractor, Innovation and Technology Department, and the Purchasing Division. The following locations will require periodic inspections: Site Site Description Site Address Contract Latitude Longitude Evaluation Tower ASR# Tower Name Inspection Height Lights Rotation (ft) CRS | Central Radio 300 E. Athletics Year 1 33-25- | 111-49- [ 1240.1f/3 | 195 1001723 | Yes Tower Way 39.0 34.0 78.0m FAL Falcon Field NW of Mckellips Year 1 33-27- 111-43- 1368.6f4 100 1011592 | Yes Tower & Greenfield 10.7 53.0 17.1m MCC Mesa 1517 S. Dobson Year 1 33-23- | 111-51- | 1204.4f/3 | 195 1060567 | Yes Community 12.7 58.9 67.1m College TKN Twin Knolls 8250 E. Main Year 1 33-24- | 111-39- | 1605.5f4 | 100 Yes Street 58.6 13.4 89.4m TKN2 Twin Knolls 8250 E. Main Year 1 33-24- | 111-39- | 1603.3f4 | 100 Yes Street 59.3 13.1 88.7m FS26 SFMD Fire 1135 W. Year 1 33-25- [| 111-33- | 1713f/522 [50 No 1 Station 261 Superstition Blvd. 19.5 31 Am DW1 Desert Well #10 8404 E. Baseline Year 1 33-22- 111-38- 1431f/436 58 No 0 Road 47 59.7 .2m COM Communication 161 E. Athletics Year 2 33-25- 111-49- 1251.0f/3 100 Yes Center Ways 37.9 40.1 81.3m EMC East Mesa 6939 E. Decatur Year 2 33-25- | 111-40. | 1461.77/4 | 150 1060568 | Yes Service Center 41.8 44.9 45.5m RAN Range Rider 3961 N. 84" Year 2 33-29- | 111-38- | 2147.56 35 No Street 16-0 43.7 54.6m 2025117 - Communications Tower Services Page 8 of 24 Arizona West Builders and Communications, Inc TRW | TRW Radio Site | 7144S. Meridian Year 2 33-17- 111-35- 1443.64 150 1060570 Yes 06.2 02.5 40.0m TRW | TRW Radio Site 7144 S. Meridian Year 2 33-17- 111-35- 1443.94 200 1264093 Yes 2 06.2 02.0 40.1m FS26 SFMD Fire 1645 S. Idaho Rd. Year 2 33-24- 111-32- | 1692ft/515 80 No 3 Station 263 00.8 44.1 7m FS21 Mesa Fire 5950 E. Virginia Year 2 33-28- 111-42- 1449ft/441 75 No 4 Station 14 Street 41.1 07.9 6m Fs21 Mesa Fire 7966 E. McDowell Year 3 33-28- 111-39- 1698.45 40 1219315 No 6 Station 16 Road 0.1 32.7 17.7m FSs21 Mesa Fire 10434 E. Baseline Year 3 33-22- 111-36- 1505.5ft/4 30 No 7 Station 17 Road 46.8 21.0 58.9m. F821 Mesa Fire 3357 S. Signal Year 3 33-21- 111-35- 1468.2f4 180 No 9 Station 19 Butte 13.2 59.1 47.5m SHA Shaw Butte 12042 N. 15th Year 3 33-35- 112-05- 2125.0f06 70 No Ave, Phoenix 38.9 13.4 47.7m FS20 Mesa Fire 830 S. Stapley Year 3 33-24- 111-48- 1229.3fU3 75 No 2 Station 2 Drive 00.0 22-0 74.7m FS20 Mesa Fire 730 S. Greenfield Year 3 33-24- 111-44- 1296.4fV/3 60 No 5 Station 5 Road 06.1 14.0 95.1m Fs21 Mesa Fire 2130 N. Horne Year 3 33-27- 111-48- 1233.6f/3 60 No 1 Station 11 Road 11.9 51.1 76.0m FS20 Mesa Fire 1426 S. Extension Year 3 33-23- 111-50- | 1212f/369 75 No 4 Station 4 Road 21.4 58.1 Am CAP CAP Water 7750 E. Brown Year 4 33-26- 111-39- 1552. 9°04 60 1060569 No Treatment Plant Road 31.2 55.4 73.3m FS20 Fire Station 3 1340 W. Year 4 33-25- 111-51- 1232.5f03 60 No 3 University 21.4 35.6 75.7m FS21 Fire Station 12 2430 S. Ellsworth Year 4 33-22- 111-38- 1433.8ft/4 40 No 2 Road 17.1 15.4 37.0m FS21 Fire Station 13 7816 E. University Year 4 33-25- 111-39- 1482.6f/4 30 No 3 Drive 22.9 44.6 51.9 H60 Highway 60 15505 E. US Hwy Year 4 33-17- 111-23- | 1833ft/558 180 1328120 No 60 59.75 54 7m WOL | Wolverine Pass Bulldog Canyon Year 4 33-28- 111-32- 2477t 160 1328577 No 13.7N 26.0W 755m SFMD Fire 7557 E. US Year 4 33-21- 111- 1773.3f05 109 No FS26 Station 264 Highway 60 16.3 27.50.0 40.5m 4 The following are locations where_site_and_structure services may be required, structure inspections are not needed at these locations unless listed in the previous chart. Site Description Site Address Structure Information Mesa Police Headquarters 130 N. Robson Roof Mount MPS Ops Tower 555 S. Lewis 100’ Tower CRS 300 E. 6" St. 195’ Pyrod Tower Fire Station 202 830 S. Stapley 75’ Monopole Mesa Pilot Site 400 W. Broadway Rd. 65’ Pole MPS Adams Elementary 738 S. Longmore 80’ Tilting Monopole MPS Emerson Elementary 415 N. Westwood 80’ Tilting Monopole MPS Webster Elementary 202 N. Sycamore 80’ Tilting Monopole MPS Lowell Elementary 920 E. Broadway Rd. 80’ Tilting Monopole MPS Roosevelt Elementary 828 S. Valencia 80’ Tilting Monopole MPS East Valley Academy 855 W. 8" Ave. 80’ Tilting Monopole MPS Student Services Center 1025 N. Country Club Dr. Roof Mount MPS Curriculum Services Center 549 N. Stapley Dr. 65' Pole MCC Library 1833 W. Southern Ave. Roof Mount MPS Kino Aquatics Complex 848 N. Horne 65’ Pole Fire Station 203 324 S. Alma School Rd 65’ Pole 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Page 9 of 24 Broadway Lift Station #2 2518 W. Broadway 65’ Pole Reed Skate Park 1631 E. Broadway 70’ Monopalm Acacia Park 1663 E. Main St. 70° Monopalm Cable America Tower 350 E. 10" Dr, 80' Lattice Tower Pioneer Park 526 E. Main St 70’ Monopalm Thompson Peak (TPK) 33.644222, -111.811861 180’ Lattice Tower South Mountain (SOU) 33.334778, -112.059583 220’ Lattice Tower Mesa Regional Dispatch Center 708 W. Baseline Rd. Roof Mount (MRDC) South Water Plant (SWP) 4400 S. Greenfield Rd 250’ Lattice Tower Superstition Fire and Medical Station 2 3955 E. Superstition Blvd. 190’ Lattice Tower (FS$262) Florence Gardens (FLO) 33.075611, -111.384833 180’ Lattice Tower Rio Verde Fire Station 1 25608 North Forest Road Roof Mount SAFETY AND COMPLIANCE: 4.1 Contractor shall comply with all federal, state and local laws, regulations, and requirements necessary for the provision of contracted services. 4.2 Contractor shall maintain current throughout the life of this Agreement, all permits, licenses, certificates, and insurances that are necessary for the provision of contracted services. 4.3 Contractor and all of its Subcontractors to be familiar with, enforce, and comply with all requirements of Public Law 91-596, 29 U.S.C. §§651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto. Contractor and all of its Subcontractors shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property to protect them from damage, injury, or loss and erect and maintain all necessary safeguards for such safety and protection. 4.4 In any emergency affecting the safety of persons or property, the Contractor shall act to minimize, mitigate, and prevent threatened damage, injury, or loss. 4.5 Contractor will be required to have a safety observer on the ground when any of the Contractor's employees or subcontractors are on the tower. Safety observer(s) must be fully engaged in their duties as the designated safety observer. The designated safety observer shall not have any other duties or responsibilities while acting as the designated safety observer. TECHNICAL SPECIFICATIONS: 5.1 OVERVIEW OF SERVICES REQUIRED 5.1.1 Communications Towers, Antenna Systems, and Tower Lighting 5.1.1.1 Communications Tower Structures 5.1.1.1.1 Inspection 5.1.2 Antennas and Microwave Dishes: 6.1.2.1 Inspection 5.1.2.2 Inventory 5.1.2.3 Installation and Alignment 5.1.2.4 Removal 5.1.2.5 Disposal 5.1.2.6 Testing 5.1.3. Antenna and Microwave Mounts: 5.1.3.1 Inspection 5.1.3.2 Installation 2025117 - Communications Tower Services Page 10 of 24 Arizona West Builders and Communications, Inc 5.1.3.3 Removal 5.1.3.4 Disposal 5.1.4 Transmission Lines: 5.1.4.1 Inspection §.1.4.2. Installation 5.1.4.3 Removal 5.1.4.4 Repair 5.1.4.5 Disposal 5.1.4.6 Testing (see attached for sweep requirements) 5.1.5 Tower Lights and Lighting Systems: 5.1.5.1 Inspection 5.1.5.2 Installation 5.1.5.3 Removal 5.1.5.4 Repair 5.1.5.5 Disposal 5.1.5.6 Testing 5.1.6 Bonding/Grounding 5.1.6.1 Installation 5.1.6.2 Removal 5.1.6.3 Repair 5.1.6.4 Testing 5.1.7 Provide detailed drawings of each tower which includes all appurtenances. The preferred form of drawing is Visio. 5.2 MAINTENANCE AND CONDITION ASSESSMENT 5.2.1. Communications towers are to be inspected for safety purposes and to extend the useful life of the structures and associated equipment. The inspections are to include tower structures, foundations, anchors, fittings, tower alignment, antennas, dishes, transmission lines, grounding, and lighting. Detailed written reports shall be prepared and submitted within ten (10) business days along with digital photos notating discrepancies for each communications tower and associated equipment. Inspections shall include, but not be limited to the following conditions or items: 5.2.1.1 Tower inspection per Telecommunications Industry Association TIA-222H (sec. 14) and TIA-222H Annex J. The minimum items below need to be met. §.2.1.1.1 5.2.1.1.2 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Structure Condition: 5.2.1.1.1.1 5.2.1.1.1.2 5.2.1.1.1.3 5.2.1.1.1.4 5.2.1.1.1.5 5.2.1.1.1.6 §.2.1.1.1.7 §.2.1.1.1.8 5.2.1.1.1.9 Damaged members (legs and bracing) Foundation Weep holes Structural alignment Loose members Missing members Climbing facilities, platforms, catwalks — all secure Loose and/or missing bolts and/or nut-locking devices Visible cracks in welded connections 5.2.1.1.1.10Water collection in members (to be remedied, e.g., unplug drain holes, etc.) 5.2.1.1.1.11 Record temperature, wind speed and direction, and Finish other environmental conditions Page 11 of 24 6. SERVICE CALLS 6.1 Emergency Considered an immediate response, acknowledgement within two (2) hours, on-site troubleshooting within four (4) hours The Contractor shall be available via email or phone, twenty-four (24) hours per day, seven (7) days per week. Please be advised the City’s Communications Division's normal business days and hours are as follows: 6.1.1 6.2 Non-Emergency Structure and site services that are scheduled in advance with the communications department. 6.2.1 §.2.1.1.3 5.2.1.1.4 §.2.1.1.5 5.2.1.1.6 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc 5.2.1.1.2.1 Galvanizing condition §.2.1.1.2.2_ Rust and/or corrosion condition including mounts and accessories Lighting 5.2.1.1.3.1 Conduit, junction boxes, and fasteners (weather tight and secure) §.2.1.1.3.2 Drain and vent openings (unobstructed) §.2.1.1.3.3 Wiring condition 5.2.1.1.3.4 Light lenses §.2.1.1.3.5 Bulb condition 5.2.1.1.3.6 Controllers (functioning) 5.2.1.1.3.7 Flasher 5.2.1.1.3.8 Photo control §.2.1.1.3.9 Alarms (verify with City of Mesa personnel) Grounding §.2.1.1.4.1 Connections 5.2.1.1.4.2 Corrosion 5.2.1.1.4.3 Lightning protection (secured to structure) Antennas and Line 5.2.1.1.5.1 Antenna condition 5.2.1.1.5.2 M/W dish conditions 5.2.1.1.5.3 Mount and/or ice shield condition (bent, loose, and/or missing members) 5.2.1.1.5.4 Feed line condition (flanges, seals, dents, jacket damage, grounding, etc.) 5.2.1.1.5.5 Hanger condition (snap-ins, bolt on, Kellems® grip, etc.) §.2.1.1.5.6 Secured to structure Tower Inspection Checklist §.2.1.1.6.1 Contractor shall use the checklist below. TOWER INSPECTION CHECK (Double Click to Open File) 6.1.1.1 Monday through Thursday, 5:30 A.M. to 4:00 P.M. Page 12 of 24 10. 11. 6.3 Failure to Respond 6.3.1 _ If the Contractor does not respond within the specified time frame outlined above, this may be cause for contract dismissal or default. INSTALLATION OR REPAIR & REPLACEMENT PARTS AND EQUIPMENT: 7.1 Equipment and parts quoted shall be OEM or City of Mesa pre-approved for non-OEM. 7.2 The City may choose to purchase replacement units from the awarded Contractor. 7.3 The City reserves the right to purchase equipment directly from the manufacturer or from other Vendors if it is in the City's best interest to do so. WARRANTY: 8.1 Contractor shall warrant that all equipment and parts furnished as new under this contract are newly manufactured and free from defects in material and workmanship for no less than one (1) year from the date the equipment is delivered. 8.2 Contractor shall warrant all labor involved in the repair or installation for a period of one (1) year from the date the repair is completed, or equipment is installed. INSTALLATION AND_ REPAIR QUOTATIONS: A written quote shall be submitted by the Contractor prior to acceptance and issuance of a Delivery Order. The written quote shall itemize parts and services on a line-by-line basis that match the proposal submitted. PROPOSAL PRICE SHEET: Contractor shall complete the appropriate RFP price sheet(s) and submit with RFP Response. Proposals shall be submitted on the forms provided. Should proposer need to provide additional information, they may do so by inserting additional lines to the proposal form. The City of Mesa will not pay any hidden costs or add on fees for services not specifically described in the Response and placed on the RFP price sheets(s). Fees listed outside of the Price Sheet(s) will not be honored by the City. Repair and replacement parts and equipment will be allowed on a cost-plus percentage (%) basis with prior authorization from the department representative. ADDITIONAL SERVICES: The City recognizes that there may be additional needs that are not outlined in this Scope of Work that may arise over the course of any resulting contract(s). Please provide information about any additional services that your company provides. 2025117 - Communications Tower Services Page 13 of 24 Arizona West Builders and Communications, Inc EXHIBIT B PRICING [tem No. Year One (1) Inspection Rotation aes ay ower 1 (CRS) Central Radio Tower - 300 E. Athletics Way, Mesa, AZ $ 2,000.00 2 ™ Tower) Falcon Field Tower - NE of McKellips & Greenfield, Mesa, $ 2,000.00 3 (MCC) Mesa Community College - 1517 S. Dobson, Mesa, AZ $ 2,000.00 4 (TKN) Twin Knolls - 8250 E. Main Street, Mesa, AZ $ 1,550.00 5 (TKN2) Twin Knolls - 8250 E. Main Street, Mesa, AZ $ 1,550.00 6 (FS261) SFMD Fire Station 261 - 1135 W. Superstition Blvd, Apache $ 1,300.00 Junction, AZ ' 7 (DW10) Desert Well #10 - 8404 E. Baseline Rd, Mesa, AZ $ 1,300.00 Year One (1) Total] $ 9,100.00 Item No. Year Two (2) Inspection Rotation noe Ben ower 7 (COM) Communication Tower - 161 E. Athletics Way, Mesa, AZ $ 2,000.00 8 (EMC) East Mesa Service Center - 6939 E. Decatur, Mesa, AZ $ 2,000.00 9 (RAN) Range Rider - 3961 N. 84th St., Mesa, AZ $ 1,300.00 10 (TRW) TRW Radio Site - 7144 S. Meridian, Mesa, AZ $ 1,550.00 11 (TRW2) TRW Radio Site - 7144 S. Meridian, Mesa, AZ $ 1,550.00 12 (FS263) SFMD Fire Station 263 - 1645 S. Idaho Rd, Apache Junction, AZ | $ 1,300.00 13 | (FS214) Fire Station 14 - 5950 E. Virgina Ave, Mesa, AZ $ 1,300.00 | Year Two (2) Total | $ 8,400.00 Item No. Year Three (3) Inspection Rotation Boceiker Tower 14 (FS216) Fire Station 16 - 7966 E. McDowell Rd., Mesa, AZ $ 1,300.00 15 (FS217) Fire Station 17 - 10434 E. Baseline Rd., Mesa, AZ $ 1,300.00 16 (FS219) Fire Station 19 - 3357 S. Signal Butte, Mesa, AZ $ 1,750.00 17 (SHA) Shaw Butte - 12042 N. 15th Ave., Phoenix, AZ $ 2,000.00 18 (FS202) Fire Station 2 - 830 S Stapley Drive, Mesa, AZ $ 1,300.00 19 (FS205) Fire Station 5 - 730 S. Greenfield Rd., Mesa, AZ $ 1,300.00 20 (FS211) Fire Station 11 - 2130 N. Horne Rd., Mesa, AZ $ 1,300.00 21 (FS204) Fire Station 4 - 1426 S. Extension Rd, Mesa, AZ $ 1,300.00 Year Three (3) Total | $ 11,550.00 Item No. Year (4) Inspection Rotation Price Per Tower 22 (CAP) CAP Water Treatment Plant - 7750 E. Brown, Mesa, AZ $ 2,000.00 23 (FS203) Fire Station 3 - 1340 W. University Dr., Mesa, AZ $ 1,300.00 24 (FS212) Fire Station 12 - 2430 S. Ellsworth Rd., Mesa, AZ $ 1,300.00 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Page 14 of 24 25 (FS213) Fire Station 13 - 7816 E. University Dr., Mesa, AZ $ 1,300.00 26 (H60) Highway 60 - 15505 E. US Hwy 60, Gold Canyon, AZ $ 2,000.00 27 (FS264) SFMD Fire Station 264, Apache Junction, AZ $ 1,400.00 Year Four (4) Total | $ 5,900.00 item No. Year Five (5) Inspection Rotation eure ret ower 23 (CRS) Central Radio Tower - 300 E. Athletics Way, Mesa, AZ $ 2,000.00 24 ae Tower) Falcon Field Tower - NE of McKellips & Greenfield, Mesa, $ 2,000.00 25 (MCC) Mesa Community College - 1517 S. Dobson, Mesa, AZ $ 2,000.00 26 (TKN) Twin Knolls - 8250 E. Main Street, Mesa, AZ $ 1,550.00 27 (TKN2) Twin Knolls - 8250 E. Main Street, Mesa, AZ $ 1,550.00 Year Five (5) Total | $ 9,100.00 | Grand Total (All Years) | $ 44,050.00 | Item Hourly Rate For Corrective Maintenance and Installation, Antenna And F . Price Per No. Transmission Line Installation, and Antenna or Transmission Line Quantity Unit Hour, Per Removal And Tower Work Other Than Defined Previously. Person 28 Hourly rates for emergency repairs, 6:00 AM to 4:00 PM weekdays. Technician 1.00 Hourly $ 75,00 Sr. Technician 1.00 Hourly $ 85.00 Laborer 1.00 Hourly $ 75.00 Painter 1.00 Hourly $ 75.00 29 Hourly rates for emergency repairs, 4:00 PM to 6:00 AM weekdays, 24 hours on weekend and holidays. Technician 1.00 Hourly $ 112.50 Sr. Technician 1.00 Hourly $ 127.50 Laborer 1.00 Hourly $ 112.50 Painter 1.00 Hourly $ 112.50 30 Hourly rates for non emergency repairs, 6:00 AM to 4:00 PM weekdays. Technician 1.00 Hourly $ 75.00 Sr. Technician 1.00 Hourly $ 85.00 Laborer 1.00 Hourly $ 75.00 Painter 1.00 Hourly $ 75.00 Equipment and Part Purchase and Repairs 31 Percent markup over cost for purchase and repair of equipment and parts purchased by the 15 Contractor: The City reserves the right to delete or add locations at a mutually agreed upon rate. Pricing shall be per inspection, as needed. 2025117 - Communications Tower Services Arizona West Builders and Communications, Inc Page 15 of 24 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to 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 City, Contractor will defend, indemnify, and hold harmless City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of 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 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 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 for any third parties. 6. NON-EXCLUSIVITY. 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 writing and signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by 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 City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that City has adopted a policy establishing a drug-free workplace for itself and those doing business with 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 2025117 - Communications Tower Services Page 16 of 24 Arizona West Builders and Communications, Inc