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CONTRACT ELEVATOR, ESCALATOR, WALKWAY, AND LIFT, NEW CONSTRUCTION, MODERNIZATION, MAINTENANCE AND REPAIR SERVICES 230122-RFP This contract is entered into this 28th day of June 2023 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Kone Inc. dba Kone, an Illinois corporation (“Contractor”) for the purchase of a complete line of elevator and escalator new construction, modernization, maintenance and repair services. Services proposed shall include, but are not limited to, repairs, replacement (or alteration), modernization solutions, new construction, calibration, and service of elevator(s), escalator(s), or related equipment. 1.0 CONTRACT TERM 1.1 This contract is for a term of three years, beginning on the 1st of July 2023 and ending the 30th of June 2026. 2.0 OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of seven additional year(s), (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. SERIAL 230122-RFP 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit A – Vendor Information and Pricing. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Quantity • Contract item number(s) • Arrival and completion time • Description of purchase (product or services) • Pricing per unit of purchase • Extended price • Freight (if applicable) • Mileage with rate (if applicable) • Total amount due 5.3.2 Labor, services, and maintenance must be billed as a separate line item. 5.3.3 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.4 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an electronic funds transfer (EFT) process. After contract award, the Contractor shall complete the Vendor Registration Form accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 5.3.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.6 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. SERIAL 230122-RFP 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to a municipality or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and SERIAL 230122-RFP may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 9.2 During the contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 10.0 TERMS AND CONDITIONS 10.1 INDEMNIFICATION 10.1.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. 10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Notwithstanding any other provision to the contrary, the Contractor shall only defend, indemnify, and hold County harmless for claims, damages, losses, or expenses due to bodily injury, sickness, or disease, including death, or injury to, impairment of or destruction of tangible property, including loss of use resulting therefrom to the extent caused by the Contractor’s negligent acts, errors, omissions, or mistake in the performance of this Contract. 10.1.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 10.1.4 The scope of this indemnification does not extend to the sole negligence of County. 10.1.5 In no event will either party be liable to the other party for indirect, incidental, consequential, special, exemplary, liquidated, performance penalties or punitive damages of any kind or nature arising from or related to performance of the agreement, including without limitation, loss of profits, loss or inaccuracy of data, or loss of use damages. 10.2 INSURANCE 10.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly SERIAL 230122-RFP licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 10.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 10.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 10.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 10.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 10.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 10.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 10.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage SERIAL 230122-RFP for liability arising from explosion, collapse, or underground property damage. 10.2.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 10.2.9.3 Workers’ Compensation 10.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability, or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 10.2.9.4 Builder’s Risk (Property) Insurance Contractor shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial contract amount, as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than County has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of County, Contractor, and all subcontractors and sub‐subcontractors in the work during the life of the contract and course of construction and shall continue until the work is completed and accepted by County. For new construction projects, Contractor agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation construction projects, Contractor agrees to assume responsibility for loss or damage to the work being performed at least up to the full contract amount, unless otherwise required by the contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, and demolition occasioned by enforcement of any applicable legal requirements and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the contract. Builders’ Risk insurance must provide coverage from the time any covered property comes under Contractor’s control and/or responsibility, and continue without interruption during construction, SERIAL 230122-RFP renovation, or installation, including any time during which the covered property is being transported to the construction installation site and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary, and any insurance or self‐insurance maintained by the County is not contributory. If the contract requires testing of equipment or other similar operations, at the option of County, Contractor will be responsible for providing property insurance for these exposures under a Boiler and Machinery insurance policy or the Builders’ Risk Insurance policy. 10.2.10 Certificates of Insurance 10.2.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 10.2.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 10.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 10.2.10.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St., Suite 910 Phoenix, AZ 85003 10.2.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson St. Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 10.3 FORCE MAJEURE 10.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or SERIAL 230122-RFP usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 10.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 10.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 10.4 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.5 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 10.6 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 10.7 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 10.8 PURCHASE ORDERS 10.8.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 10.8.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 10.9 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g., Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. SERIAL 230122-RFP 10.10 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 10.11 STOP WORK ORDER 10.11.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 10.11.1.1 cancel the stop work order; or 10.11.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 10.11.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor 10.12 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.13 TERMINATION FOR DEFAULT 10.13.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 10.13.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.13.1.2 make progress, so as to endanger performance of this contract; or 10.13.1.3 perform any of the other provisions of this contract. 10.13.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. SERIAL 230122-RFP 10.14 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 10.15 CONTRACTOR EMPLOYEE MANAGEMENT 10.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.15.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.15.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.15.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 10.15.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.15.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.16 TECHNICAL TRAINING TO COUNTY STAFF 10.16.1 Contractor may be required to provide technical expertise training in elevator and escalator repair and/or maintenance services. Training requested may be for old or new technology. 10.16.2 Contractor shall be given advance notice to prepare, research, and schedule staff in order to provide an adequate presentation. The cost of for training shall be line item priced in the pricing section of the contract. Exceptions: Equipment purchased under project work shall be specified in the job scope to include training. 10.16.3 Training sessions shall be provided upon request by applicable County agencies. 10.16.4 Training shall be held at a County facility unless it is deemed necessary for the training to take place at contractor’s facility. 10.16.5 Technical training shall be performed during regular business hours. 10.16.6 Contractor shall provide all training aids (e.g., service manuals, mock-up equipment; etc.). 10.16.7 County, under a separate purchase order, may purchase service manuals. 10.17 WARRANTY OF SERVICES 10.17.1 All services furnished under this contract shall conform to the requirements of this contract. 10.17.2 Service and/or Repair Warranty 10.17.2.1 The warranty shall cover all parts and labor for a period of one year from installation and formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. SERIAL 230122-RFP 10.17.2.2 Contractor shall indicate on the price sheet the duration of the warranty beyond one year and any applicable limitations or conditions which may apply. 10.17.2.3 If any maintenance deficiencies are identified during the term of the agreement, Contractor will work with the County under the terms of the agreement to rectify in a timely manner. Contractor warrants and guarantees to the County that all equipment and materials to be furnished under this agreement are free from all defects in workmanship and materials. Contractor further warrants, guarantees and agrees to remedy all such defects and to replace at Contractor's expense and at no expense to the County any or all labor, transportation, part or parts of the equipment or materials to be furnished under this agreement which are or become defective due to such defects within 12 months after new equipment accepted by customer, and 90-days from repair work completed by Contractor. 10.17.2.4 Contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. Contractor shall guarantee the services to be supplied comply with all applicable regulations. 10.17.2.5 Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications and attachments made a part of this contract. County’s acceptance of services or goods provided by the contractor shall not relieve the contractor from its obligations under this warranty. 10.17.2.6 In addition to its other remedies, County may, at the contractor's expense, require prompt correction of any services failing to meet the contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this contract in the manner and to the same extent as services originally furnished hereunder. 10.17.3 Project and/or New Installation Warranty Project and/or new installation warranty shall cover all parts and labor for a period of one year from installation and formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. 10.18 INSPECTION OF SERVICES 10.18.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.18.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 10.18.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: SERIAL 230122-RFP 10.18.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.18.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.18.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 10.18.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 10.18.4.2 terminate the contract for default. 10.19 ACCEPTANCE Upon completion of services, service delivery shall be deemed accepted and the warranty period shall begin when a) material(s)/equipment is installed (as necessary) and fully operational; and/or b) the department has deemed all service/work completed, including but not limited to, any inspection, repair, installation, design, development, deployment, operation, and initial training, (as applicable). Additionally, all documentation shall be completed prior to final acceptance. 10.20 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 10.21 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 10.22 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 10.23 SUBCONTRACTING 10.23.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. SERIAL 230122-RFP 10.23.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark- up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 10.24 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 10.25 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. 10.26 RIGHTS IN DATA 10.26.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 10.26.2 County data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County in accordance with County record retention requirements. 10.27 INTELLECTUAL PROPERTY RESTRICTIONS AND PART OWNERSHIP 10.27.1 Notwithstanding anything to the contrary, Contractor retains the title and ownership of all intellectual property rights relating (whether directly or indirectly) to any materials provided by the contractor, including but not limited to stored spare parts, stored components, software, firmware, drawings, manuals, or other technical documentation 10.27.2 The County will not use software provided by the Contractor, except in connection with the use and operation of the equipment. Contractor shall retain exclusive title over any information collected by the Contractor via a remote monitoring system. The title in any spare parts and/or components stored on County property remains with the Contractor while stored and when removed from County property by the Contractor. 10.28 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.28.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other persons duly authorized by SERIAL 230122-RFP the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. 10.28.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 10.29 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 10.30 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 10.31 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 10.32 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. 10.33 RELATIONSHIPS 10.33.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent, or joint venture between the County and the Contractor. 10.33.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 10.34 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, Contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) SERIAL 230122-RFP 10.35 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 10.36 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.36.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 10.36.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 10.36.1.2 have not within a three-year period preceding this contract: 10.36.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; or 10.36.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 10.36.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 10.36.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 10.36.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 10.36.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 10.36.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e., transactions with subcontractors or sub-subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub-subcontractor, the Contractor shall include the information required by this clause with their bid. SERIAL 230122-RFP 10.37 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.37.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 10.37.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.37.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 10.38 CONTRACTOR LICENSE REQUIREMENT 10.38.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 10.38.2 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 10.39 INFLUENCE 10.39.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. SERIAL 230122-RFP 10.39.2 An attempt to influence includes, but is not limited to: 10.39.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 10.39.3 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 10.40 CONFIDENTIAL INFORMATION 10.40.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. 10.40.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 10.40.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 10.41 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 10.42 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 10.43 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE SERIAL 230122-RFP REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 10.44 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 10.45 FORCED LABOR 10.45.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions. 10.45.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use: 10.45.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 10.45.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.45.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 10.45.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180 day period, the agreement terminates on the agreement termination date. 10.46 PRICES 10.46.1 Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 10.46.2 Contractor’s price and obligations under any agreement are subject to a technical survey to be performed within 90-days of the effective date of the agreement. If a safety hazard or code violation is identified during such survey, County will immediately remove the unit from service until repairs are performed. The Contractor is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the equipment. If additional work is necessary, Contractor will provide a separate proposal or recommendation. The County agrees to indemnify, defend, and hold the Contractor harmless for any claims arising out of County's failure to comply with the Contractor’s recommendation or proposal, and any obligation on the part of Contractor to indemnify or defend County with regard to such claim will be null and void. If County does not immediately approve the Contractor’s proposal or recommendation, notwithstanding anything to the contrary in the agreement, Contractor reserves the right to remove that unit from service and insurance coverage without penalty. SERIAL 230122-RFP 10.47 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. 10.48 UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION All contractors that receive funding must have a UEI number through https://sam.gov/content/entity-registration. Contractor must also remain current with the System for Award Management www.sam.gov throughout the term of the contract. 10.49 RELIGIOUS ACTIVITIES The contractor agrees that costs, planned or claimed, including costs incurred, shall not include any expense for any religious activity. 10.50 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County or the contractor under the agreement shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 10.51 EQUAL EMPLOYMENT OPPORTUNITY 10.51.1 The contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex, or national origin. Such action shall include but is not limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 10.51.2 Contractor shall comply with the following provisions: 10.51.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 10.51.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 10.51.2.3 The Age Discrimination in Employment Act of 1967, as amended (29U.S.C. §§ 621, et seq.); 10.51.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. 10.51.2.5 Contractor understands that the United States has the right to seek judicial enforcement of this assurance. 10.52 CERTIFICATION REGARDING LOBBYING 10.52.1 Contractor certifies, to the best of their knowledge and belief, that: 10.52.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to SERIAL 230122-RFP influence an officer or employee of any agency. This applies to a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant. Including the making of any federal, loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 10.52.2 If any funds other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 10.52.3 Contractor shall include Lobbying Certification language in the award documents for all subcontractors (including sub-grants, and contract under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 10.52.3.1 The Lobbying Certification is a material representation of fact upon which reliance was placed when this transaction is made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any successful proposer(s) who fail to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 10.53 CLEAN AIR ACT & CLEAN WATER ACT Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 10.54 ENERGY POLICY AND CONSERVATION ACT Contractor must adhere to the standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871). 10.55 INCORPORATION OF DOCUMENTS 10.55.1 The following are to be attached to and made part of this Contract: 10.55.1.1 Exhibit A – Vendor Information and Pricing 10.55.1.2 Exhibit B – Scope of Work 10.55.1.3 Exhibit C – PPP National Cooperative Documents 10.55.1.4 Exhibit D – Sample Participating Public Agencies Service Agreements SERIAL 230122-RFP 10.56 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301 W. Jefferson St. Suite 700 Phoenix, Arizona 85003-1647 For Contractor: Kone Inc. Dba Kone 4639 S. 36th St. Phoenix, AZ 85040 10.57 INQUIRIES 10.57.1 Administrative telephone/email inquiries shall be addressed to: ROBERT NAMOR, PROCUREMENT OFFICER TELEPHONE: (602) 506-8707 Robert.Namor@maricopa.gov 10.57.2 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL 230122-RFP IN WITNESS WHEREOF, this contract is executed on the date set forth above. KONE INC DBA KONE AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 230122-RFP EXHIBIT A: VENDOR INFORMATION AND PRICING COMPANY NAME: KONE Inc. DOING BUSINESS AS (dba): KONE MAILING ADDRESS: 4639 S. 36th Street, Phoenix, AZ 85040 REMIT TO ADDRESS: PO Box 102425, Pasadena, CA 91189-2425 TELEPHONE NUMBER: 623-434-3599 FAX NUMBER: 602-437-0308 WWW ADDRESS: www.kone.us REPRESENTATIVE NAME: Brad Smith REPRESENTATIVE TELEPHONE NUMBER: 602-768-0028 REPRESENTATIVE EMAIL ADDRESS brad.smith@kone.com PAYMENT TERMS: 1% 10 DAYS NET 30 DAYS YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 230122-Exhibit A-Kone-Maricopa County Pricing.xlsx 230122-Exhibit A-Kone-National Pricing.xlsx SERIAL 230122-RFP EXHIBIT B: SCOPE OF WORK 1.0 INTENT 1.1 The intent of this request for proposals (RFP) is for Maricopa County to award a contract to a qualified supplier capable of providing a complete line of elevator, escalator, walkway, and lift new construction, modernization, maintenance and repair services. Services proposed shall include, but are not limited to, repairs, replacement (or alteration), modernization solutions, new construction, calibration, and service of elevator(s), escalator(s), or related equipment. 1.2 Maricopa County (County) is soliciting these services on behalf of itself and other government agencies. The resulting contracts may be made available through Public Promise Procurement (PPP), Powered by National Association of Counties (NACO). 1.3 The contractor shall furnish all necessary labor, supervision, tools, equipment, parts, and transportation necessary to perform the required services at designated County facilities. This is a preventative maintenance contract and is not a “run to failure” agreement, thus the contractor shall replace worn parts, when observed, whether due to normal wear or not, during routine maintenance and prior to failure, when possible. 1.4 Respondents to this solicitation shall identify a firm, fixed cost for fully burdened hourly rates for work which falls within the scope of this contract. 1.5 Resident Account: Contractor shall assign a technician for Maricopa County Sites for forty hours per week. 1.6 The contractor’s primary point of contact will be the Facilities Management Department (FMD). Other County departments may use this contract, however FMD is not responsible for payments for work performed under the direction of other County departments. 1.7 Other governmental entities under agreement with the County may have access to services provided hereunder (see also sections 3.31 and 3.32 below). 1.8 The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 1.9 The County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. 2.0 SCOPE OF WORK 2.1 The contractor shall perform the scope of services herein at various County building locations for FMD (locations of buildings managed by FMD can be found by visiting https://www.maricopa.gov/2127/Facilities-Management, “Facilities We Manage”) and other County departments on an on-demand basis. 2.2 The Scope of Work herein shall be extended to Participating Public Agencies (PPA), as appropriate. 2.3 Contractor shall perform maintenance and modernization services, including but not limited to: 2.3.1 Maintenance work orders for preventative and/or predictive maintenance to repair or replace equipment including: SERIAL 230122-RFP 2.3.1.1 Inspections 2.3.1.2 Adjustments 2.3.1.3 Testing and replacement of parts and components to ensure the safety and proper operation of County equipment 2.3.2 Oil and grease work orders to reduce wear and prolong the useful life of moving parts of equipment through proper lubrication. 2.3.3 Emergency repairs may be required in order to restore facilities to full operating condition (see section 2.31.5). 2.3.4 Work shall be scheduled with FMD or other using department staff by the contractor to ensure service operations do not interfere with normal building operations. 2.3.5 In the event the work performance of the contractor is unsatisfactory, the contractor will be notified by the County and be given 24 hours to correct the work. Labor for all re-work will be performed at no cost to the County. Should the contractor fail to correct the work to the County’s satisfaction, the County reserves the right to make other arrangements to have the work completed, and the cost of such work shall be offset from any monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.4 EQUIPMENT MAINTENANCE AND REPAIR 2.4.1 Contractor shall provide the complete range of maintenance and repair services and solutions to ensure the equipment is fully operational and adheres to all safety requirements as established by the manufacturer. Such services must include, but are not limited to: 2.4.1.1 Documented maintenance procedures and schedules to ensure reliable performance of equipment under a regularly scheduled program. 2.4.1.2 Structured maintenance management program to deliver high quality service. 2.4.1.3 Established system which documents maintenance procedures performed, and service calls received and answered for repairs scheduled and completed. 2.4.1.4 An effective self-audit system to ensure designated tasks are completed as scheduled, and with the ability to provide reports as requested herein. 2.5 EQUIPMENT MODERNIZATION 2.5.1 Contractor shall offer a complete range of repairs and upgrade solutions including, but not limited to general improvements or modifications, renovations, safety, cosmetic appearance, new code requirements, local jurisdiction requirements, insurance requirements, repair of equipment that my need to be modified or replaced due to obsolesces or any damage done to equipment for any reason, part failure, misuse, age, and additional equipment or features added to and/or made to existing elevators or escalators to improve the performance. 2.5.1.1 Contractor shall not be responsible for upgrading any equipment to meet changes in code requirements or as may be required by insurance companies, Federal, state, or local authorities. SERIAL 230122-RFP 2.5.2 Examples of equipment modernization may include, but are not limited to: 2.5.2.1 New or updated controllers or signal fixtures for all types of equipment. 2.5.2.2 New hydraulic jack machine or pump unit modifications or replacements. 2.5.2.3 New installation or modifications to elevator cab interiors, new door edges, new vales, new ropes, etc. 2.5.2.4 New or modified door equipment, car door operators, shaftway doors or equipment, etc. 2.5.2.5 ADA upgrades 2.6 TRACTION ELEVATORS AND DUMBWAITERS 2.6.1 Contractor shall maintain, repair, or replace parts as necessary, including but not limited to: 2.6.1.1 Machine drive sheave, drive sheave shaft bearings, brake pulley, brake coil, brake contacts, linings and component parts, gears, worms, thrusts. 2.6.1.2 Motor and motor generator, motor and generator windings, rotating element, commutator, brushes, brush holders, and bearings, Silicon- Control Rectifiers (SCR) variable voltage drives and components. 2.6.1.3 Controllers, selector and dispatching equipment, all relays, solid state components, resistors, condensers, transformers, contacts, leads, dashpots, timing devices, computer devices, steel selector tape or cable, and mechanical and electrical driving equipment. 2.6.1.4 Governor, governor sheave, shaft assembly, bearings, contacts, and governor jaws. 2.6.1.5 Deflector, car and counterweight sheaves, bearings, car and counterweight buffers, car and counterweight guide rails and brackets, top and bottom limit switches, governor tension sheave assembly, compensating sheave assembly, and counterweight and counterweight guide shoes, including rollers and gibs. 2.6.1.6 Hoist way door interlocks, hoist way door hangers, bottom door guides, and auxiliary door closing devices. Automatic door operator, car door hanger, car door contact, door protective devices, load-weighing equipment, car frames, car safety mechanism, platform, platform flooring, elevator car guide shoes, gibs and rollers, and signal and operating fixtures, including lights, buzzers, and gongs. 2.6.1.7 Renew all wire ropes as often as is necessary, or if 'bleeding' or fraying occurs, to maintain an adequate factor of safety and equalize the tension on all hoisting ropes. Repair or replace conductor cables, hoist way, and machine room elevator wiring at no additional cost to the County. 2.6.1.8 Shorten and re-shackle hoist cables, if stretching of ropes makes this necessary. 2.6.1.9 For freight elevators with vertical lifting or collapsible car gates and hi- parting, vertical lifting doors or hoist way gates or sidewalk doors, the contractor shall: SERIAL 230122-RFP 2.6.1.9.1 Keep car gates in balance for easy operation, renew or repair interlocks and retiring cams, and replace damaged door astragals and worn door guides. 2.6.1.9.2 Check the condition and operation of the scanning device and safety edges on car doors and light rays on the car at every visit. If light rays are inoperative, then the contractor shall repair them within 24 hours of establishing inoperability. If the light rays are not maintainable, the contractor shall notify the County and shall replace them at no cost to the County. Light rays shall be solid state "Duo Path," as manufactured by the Innovation Company or T.L. Jones electronic scanning devices. 2.6.1.9.3 Contractor will be required to provide, at no cost to the County, stand-by for air conditioning (A.C.) mechanic to maintain elevator self-contained A.C. 2.7 HYDRAULIC ELEVATORS 2.7.1 As part of the preventative maintenance program, the contractor shall repair or replace the following parts, as necessary: 2.7.1.1 Pumping plant, valves, exposed piping, fittings, pistons (unless damaged by corroded cylinder failure), packing, tank, heaters, and mufflers. 2.7.1.2 Materials covered by traction elevators (see section 2.6), as applicable. 2.7.1.3 Furnish all oil, lubricants, packing and other materials required for full maintenance of hydraulic elevators. 2.8 ESCALATORS 2.8.1 As part of the preventative maintenance program, the contractor shall repair or replace the following parts, as necessary: 2.8.1.1 machine brake 2.8.1.2 Sprockets 2.8.1.3 drives, handrails 2.8.1.4 step chains 2.8.1.5 chain 2.8.1.6 step rollers 2.8.1.7 step rollers bearings 2.8.1.8 comb teeth 2.8.1.9 step treads 2.8.1.10 tracks, sprockets bearings 2.8.1.11 sheaves 2.8.1.12 newel wheels 2.8.1.13 contacts 2.8.1.14 coils 2.8.1.15 skirt switches. 2.9 WALKWAYS 2.9.1 As part of the preventative maintenance program, the contractor shall repair or replace the following components and parts as necessary: SERIAL 230122-RFP 2.9.1.1 Step rollers 2.9.1.2 Belts 2.9.1.3 Controller components including resistors, timers, fuses overloads, minor contacts, wiring, and coils 2.9.1.4 Brake pads, linings, disks or shoes 2.9.1.5 Brake 2.9.1.6 Escalator or drive units 2.9.1.7 Handrail 2.9.1.8 Handrail drive chains 2.9.1.9 Main drive chains or belts 2.9.1.10 PC boards 2.9.1.11 Solid state devices 2.9.1.12 Contactors 2.9.1.13 Sprockets 2.9.1.14 Step chains 2.10 CHAIR, WHEELCHAIR AND PLATFORM LIFTS 2.10.1 The Contractor shall periodically inspect, make minor adjustments, lubricate, and make recommendations for repair or replacement of components. 2.10.2 Re-lamp signal fixtures 2.11 EQUIPMENT PERFORMANCE REQUIREMENTS 2.11.1 Contractor shall adjust elevators and maintain, as needed, to meet the following basic operating characteristics and performance standards throughout the term of the contract: 2.11.1.1 Starting, acceleration, stopping, and leveling operations shall be smooth and free from jars or bumps. 2.11.1.2 Full speed riding operation shall be without swaying or vibration. 2.11.1.3 Elevator and door operation shall be quiet. 2.11.1.4 Stops made upon operation of emergency stop switch shall be more rapid than a routine stop but not violent. 2.11.1.5 Door pressure shall be maintained below 30 pounds per force. 2.11.1.6 Maintain accurate leveling of ± 3/8" under all loading conditions, floor- to-floor times, and cycle times. 2.11.1.7 Group Supervisory System: Keep duplex and group contact system operating at design criteria at all times. 2.12 MAINTENANCE OF RENOVATED/MODERNIZED ELEVATOR The County will have the option to complete renovation or replacement of any elevator currently under this contract, in any manner deemed to be in the best interest of the County. If the renovation or replacement of any elevator is completed through an agreement other than this contract, the contractor shall not be responsible for the maintenance of the renovated or replaced elevator until the warranty period applicable to the renovation or replacement expires. SERIAL 230122-RFP 2.13 ELEVATOR/ESCALATOR OUT OF SERVICE MORE THAN FIVE DAYS If an elevator or escalator is out-of-service for more than five calendar days, contractor shall deduct from the total monthly maintenance cost on the invoice for that elevator or escalator. An exemption to a deduction related to the five-day limit may be allowed, if approved by the County, in writing. 2.14 REPORTS 2.14.1 Shipping Service, Maintenance, Repairs and Emergency Call Reports 2.14.1.1 Frequency: Monthly 2.14.1.1.1 Contractor to supply a computer generated report on service, preventative maintenance (PM), repairs, and emergency calls. These reports shall consist of PM report records and trend logs on all equipment covered by this contract. Trend log reports shall list and compare all repairs, emergency calls, and PM for each elevator. The reports must be provided to the County in Microsoft Excel format. Reports shall include comparison with all other County elevators being serviced under this contract. Reports shall contain the following information: 2.14.1.1.1.1 Requestor(s) Name and Phone Number 2.14.1.1.1.2 Contract Serial Number 2.14.1.1.1.3 County Building Number 2.14.1.1.1.4 Building Address 2.14.1.1.1.5 Machine and Car Number 2.14.1.1.1.6 Time Mechanic Paged 2.14.1.1.1.7 Time Mechanic Responds To Page 2.14.1.1.1.8 Time Mechanic Arrival On Site 2.14.1.1.1.9 Time Work is Completed 2.14.1.1.1.10 Mechanic's Name and Job Title 2.14.1.1.1.11 Number of Calls Year-To-Date For Each Elevator 2.14.1.1.1.12 Description of Problem with Elevator 2.14.1.1.1.13 Work and Parts Required For Repair 2.14.1.1.1.14 Is This A Re-Occurring Problem 2.14.1.1.1.15 Vandalism (Yes or No) 2.14.1.1.1.16 Billable (Yes or No) 2.14.1.1.1.17 Elevator Occupied During Failure (Yes or No) SERIAL 230122-RFP 2.14.2 Response for Regular Maintenance Inspection Report: 2.14.2.1 Frequency: After each inspection 2.14.2.1.1 Upon completion of regular maintenance inspection services, the contractor shall furnish a written report of each inspection to the FMD technical specialist. Reports shall advise of any repairs or repair parts that are necessary to maintain the equipment in acceptable operating condition, as set forth in these specifications. 2.15 CORRECTION ORDERS 2.15.1 The County will provide contractor with correction orders for work needing to be performed. The contractor shall be required to complete the following actions as a result of receiving correction orders: 2.15.1.1 Acknowledge receipt of all correction orders within one business day. 2.15.1.2 Identify all County responsibility items (i.e., blown fuse, switch, etc.) within two business days. 2.15.1.3 Request any and all extensions and copy FMD within seven business days of receipt of correction order, as needed. 2.15.1.4 Provide completion notice to FMD three business days prior to abatement date. 2.16 EXCLUSIONS 2.16.1 The following work is excluded from this contract and is not the responsibility of the contractor: 2.16.1.1 Main power supply feeders, switches and fuses. 2.16.1.2 Fire alarm devices and wiring up to the controller. 2.16.2 Some elevator sites are monitored by computer equipment and shall not be the responsibility of the contractor. The sites that have such monitoring devices include: 2.16.2.1 East Court Building 2.16.2.2 Central Court Building 2.16.2.3 West Court Building 2.17 COUNTY'S RIGHT TO INSPECT 2.17.1 The County may elect to have the performance of specific elevators evaluated and test witnessed by a neutral party, at intervals not more frequent than annually. The contractor shall provide the necessary manpower and tools, instruments, test weights, etc. required without additional cost to the County to conduct the tests. The cost, if any, of the neutral party shall be incurred by the County. 2.17.2 The County may retain the services of an independent elevator consultant to inspect the elevator performance covered under this maintenance contract. These inspections may be made on a yearly basis during the course of this contract. The cost of this independent consultant shall be incurred by the County. SERIAL 230122-RFP 2.17.3 The elevator consultant will issue the results of these inspections to the County. If non-compliance items are included in the report, the County will issue a punch list to the contractor who shall complete those items within 30 days after notice at no additional cost to the County, providing the punch list items are covered under the maintenance program. 2.18 STATE AND/OR CITY INSPECTIONS 2.18.1 Submit to the County Representative corrective action on all noncompliance items from inspection conducted by State and/or local municipality elevator inspectors, in writing, within 30 days of the inspection. 2.18.2 Semi-annual Inspection By Local Municipalities: 2.18.3 It shall be the contractor’s responsibility to coordinate technician support with municipal authorities should they require their presence during such test. 2.19 ELEVATOR KEYS: All keys used on the elevators for the purpose of maintenance or any services, are the property of the Maricopa County Facilities Management Department and upon termination of this contract, shall be delivered to the Facilities Management Department. Keys include, but are not limited to machine room keys, hoist way access, service cabinets, light and fan, photo eye, lockouts, fire emergency, emergency service, electrical cabinets, spare parts cabinet and emergency exit. Keys shall not be duplicated for any reason without permission from the Facilities Management Department. 2.20 ELEVATOR HOUSEKEEPING: 2.20.1 Within the first three months of contract award, the contractor shall thoroughly clean: 2.20.1.1 all elevator hoist ways 2.20.1.2 pits, car tops 2.20.1.3 machine rooms 2.20.2 The contractor shall clean, lubricate, and adjust: 2.20.2.1 all car and hoist way door tracks 2.20.2.2 hangers 2.20.2.3 interlocks and closures 2.20.3 All scheduled cleaning must be on-going and performed at the following minimum intervals or more frequently, when conditions warrant: 2.20.3.1 Quarterly: Car tops, pits, machine rooms. 2.20.3.2 Semi-Annually: Hoist ways and door equipment. 2.20.4 The exterior of the machinery and any other parts of the equipment subject to rust shall be properly prepared, then painted and kept presentable at all times. Prior notification and approval by the technical specialist staff of FMD shall be obtained. The motor windings and control coils are to be periodically treated with proper insulating compound. SERIAL 230122-RFP 2.20.5 The contractor shall promptly remove all debris resulting from any work. Debris such as wiping rags, empty oil cans, trash from pits, etc. will be put in closed metal containers as directed by the County and properly disposed of by the Contractor. 2.21 PARTS 2.21.1 The contractor shall keep in each machine room an adequate supply of contacts, switch parts, coils, springs, holders, resistors, relays, lamps, condensers, tubes, transformers, car and hall buttons, fuses, and other parts which are required for immediate replacement together with an adequate supply of lubricants and wiping rags. All supplies shall be stored in metal cabinets or shelves and shall remain on the premises. Contractor shall also maintain closed metal containers for oily rags. All replacement parts shall be obtained from the original manufacturer unless approved by the County. 2.21.2 Obsolete Parts: OEM Parts not available and 3rd party vendor like parts 2.21.2.1 The contractor shall have the resources to access parts that are found to be obsolete. Obsolete parts must be brought to the attention of the FMD Life Safety staff. If parts cannot be replaced due to obsolescence and not available from any source, the contractor shall: 2.21.2.1.1 Replace with current model of obsolete part, or 2.21.2.1.2 Manufacture a replacement part, or 2.21.2.1.3 Repair/rebuild the obsolete part, or 2.21.2.1.4 Recommend to the County other alternatives and/or upgrades. 2.21.2.2 Obsolete components or equipment modifications necessary to accommodate replacement of obsolete components are not covered. 2.21.3 Contractor shall certify that the original equipment manufacturer's major machine components such as motor elements, machine assemblies, worm gears and other special parts, not stocked locally, can be delivered by air freight within 48 hours should emergency conditions warrant. Any such deliveries shall, however, be at no additional cost to the County (except for vandalism). 2.22 UPGRADES If it is determined that elevator controls/mechanisms are obsolete due to technical advancements, the contractor may be asked to provide a written cost estimate to the County for replacement. The County may obtain cost estimates from outside this contract to ensure pricing is fair and reasonable. 2.23 WIRING AND CONSTRUCTION PRINTS All wiring and construction printing or diagrams of elevator systems covered under this contract are the property of the County and upon termination of this contract shall be delivered to the County. All changes in circuitry made by the contractor shall be approved by FMD and properly recorded on the diagram including date of change and name of person making change. SERIAL 230122-RFP 2.24 DETENTION FACILITIES SERVICES REQUIREMENTS 2.24.1 Contractors may be required to provide services to detention facilities. Contractors should be aware to use caution when servicing a detention facility: 2.24.1.1 Contractor’s service vehicle shall be secured and locked whenever a technician is not in a vehicle or accessing materials, tools, and or equipment from a vehicle. 2.24.1.2 Contractor’s technicians must, at all times, monitor and account for any and all tools taken into a detention facility. 2.24.1.3 Contractor may be required to provide services in detention facilities in stages rather than in whole due to the nature of the facility. Contractor shall take this into consideration when preparing a quote for detention facility services. 2.25 WORK OUTSIDE THE SCOPE Work outside the scope includes any work not normally performed in the scope of this solicitation and that can be performed by the prime contractor. If a subcontractor is used, apply mark-up as indicated in Section 2.34 - Allowable Pass-Through Costs Under Time And Materials Work (With Mark-Up). Work outside the scope includes, but is not limited to repair and/or replacement to cab lighting, car exhaust fans, etc. 2.26 PERFORMANCE REQUIREMENTS 2.26.1 Contractor must meet all Federal Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) guidelines, and contractors failing to meet these guidelines may be subject to contract termination. 2.26.2 All service work performed by contractor shall be to a professional standard, meeting all required city building codes, and susceptible to FMD staff inspection. Documentation, through an audit and feedback system of contract administration, shall be used by FMD for this contract. 2.26.3 Unless pre-approved by FMD, all work shall be performed by one service technician. If needed, contractor may dispatch a helper (laborer) to aid the technician. Any additional technicians or helpers needed for a specific job must be pre-approved by the County. The invoice shall be notated with pre-approval, for example, “extra technician pre-approved by ‘person’s name’.” 2.26.3.1 Contractor's mechanic must check in and out with the County representative on each visit to the Maricopa County downtown Phoenix complex. 2.26.4 Contractor(s) shall not make any changes to the equipment specifications, method of fabrication, or other requirements without the express prior written consent of the County. Any proposed changes shall be presented to the assigned County contact prior to the change taking effect (contact information will be provided on purchase orders). 2.26.5 Contractor(s) shall utilize only original equipment manufacturer (OEM) parts, as recommended by the equipment manufacturer, for replacement or repair, and use only those materials obtained from and/or recommended by the equipment manufacturer(s) unless pre-approved in writing by the County. 2.26.6 Contractor(s) shall coordinate all work schedules with the County before beginning any work which requires a utility outage or outage of equipment. Outages shall be SERIAL 230122-RFP arranged with the County in advance, if possible, and such work shall only be performed during County-approved times. The County must be notified immediately of any unanticipated outage and if any equipment is mistakenly taken out of service. 2.27 REPLACEMENT OR OVERHAUL OF EQUIPMENT 2.27.1 Equipment that has reached obsolescence or that is in need of replacement or overhaul shall be evaluated by the contractor and a written price estimate shall be presented to the County. The County may or may not approve the work, dependent on budgets and priorities, or may request competitive bids. If approved, existing equipment shall be replaced with new equipment, or, with County approval, shall be overhauled. 2.27.2 The County reserves the right to utilize its own sources for the purchase of new equipment or individual components. If the County exercises this right, the contractor may be given the opportunity to install these items. 2.28 CONTRACTOR QUALIFICATIONS 2.28.1 Contractor(s) shall be licensed to perform all work contemplated in this contract, including, but not limited to, those required by the State of Arizona Registrar of Contractors. Proof of such shall be provided at time of bid and shall be maintained throughout the term of this contract. 2.28.2 Contractor must meet all Federal EPA and Occupational Safety and Health Administration (OSHA) in the proper handling and disposal of special waste or contaminated materials generated by services rendered. 2.28.3 Contractor should be factory authorized and able to perform full maintenance, repairs, installations for all tools and equipment utilized in the performance of this contract. 2.28.4 Contractor(s) shall be qualified and able to comply with all other requirements listed in the Scope of Services. 2.28.5 Required Experience 2.28.5.1 Contractor shall have a minimum of five years of experience performing the work listed in the Scope of Work. Proof of such must accompany the bid packet. 2.28.5.2 Contractor’s firm must have been in the business of providing services herein for a minimum of five years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. Proof of such must accompany the bid packet and will be inspected prior to award. 2.28.5.3 Contractor shall employ a minimum of five technicians, unless otherwise negotiated with the County, who are qualified to perform all work and to adequately service Maricopa County facilities. Contractor's technical staff have the following qualifications, and proof of such shall accompany the bid packet: 2.28.5.3.1 Be thoroughly trained, with a minimum of five years’ experience performing the work listed in the Scope of Services. SERIAL 230122-RFP 2.29 CONTRACTOR REQUIREMENTS 2.29.1 Contractor must maintain a minimum of five adequately stocked service vehicles. Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per the scope of services presented, including those needed for routine elevator and escalator repair and maintenance. Proof of such must accompany the bid packet and truck fleet may be inspected prior to award. 2.29.2 Contractor shall have a local shop and/or warehouse that stocks parts to keep their trucks supplied daily. As part of the County’s due diligence, these requirements may be verified by FMD via a formal inspection after bid submittals and prior to bid award. 2.29.3 Contractor shall submit evidence of ability to provide and maintain, during the entire period of this contract, all labor, supervision, materials, tools, and equipment sufficient in number, condition, and capacity to efficiently perform the work and render the services required by this contract. 2.29.3.1 Contractor shall provide evidence of appropriate labor and supervision by listing personnel and their qualifications in Attachment E – Personnel Qualifications. Attachment E shall accompany the bid packet and shall be maintained throughout the contract. 2.29.3.2 Contractor shall provide evidence of their ability to furnish equipment and personnel by providing, with their bid packet, a listing of major tools, vehicles, equipment using Attachment F – Vehicle and Equipment Listing. Attachment F shall accompany the bid packet and shall be maintained throughout the contract. 2.29.4 Contractor shall provide pricing for owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract, on Attachment D – Pricing Sheet. 2.29.4.1 “Tools of the trade” are generally considered to be vehicles, tools, and equipment (e.g., hand tools, power tools, pickup trucks, vans, ladders, scaffolding, etc.) that are normally used in the course and scope of the contractor’s business and that should be a part of a qualified contractor’s inventory. Costs related to the acquisition, use, or maintenance of tools of the trade should be included as a part of the contractor’s fully burdened hourly labor rates and are not, under any circumstances, to be separately or directly billed to County under this contract. 2.29.4.2 “Special tools and equipment” are considered to be tools and equipment (e.g., cranes, towed air compressors, dumpsters with associated tipping fees, etc.) that are not typically maintained in a contractor’s inventory, but that are leased/rented to be used when needed for a specific project/job. 2.29.5 Contractor shall be responsible for obtaining and transporting equipment to and from the job site. In this regard, the contractor shall: 2.29.5.1 Ensure that its employees that are assigned to perform the work carry their own tools of the trade or are provided with tools normally carried by the trade on the job site. 2.29.5.2 Arrange for lease or rental of any special tools and equipment needed to perform the work. SERIAL 230122-RFP 2.29.5.2.1 Charges for lease or rental of special tools and equipment with associated mark‐up may be directly billed to County provided that the contractor clearly identifies these items in advance, on Attachment D – Pricing Sheet, as a part of their proposal to perform the work. 2.29.5.2.2 Charges for lease or rental of special tools and equipment with associated mark‐up that have not been identified in advance as a part the contractor’s bid on Attachment D – Pricing Sheet may not, under any circumstances, be separately or directly billed to County under this contract, unless prior approval, in writing, has been provided by the County. 2.29.5.3 Ensure that all vehicles, tools, and equipment used in performing the scope of services herein are appropriately licensed, as applicable, are in good operating condition, capable of rendering efficient, economical, and continuous service, and are equipped with necessary and required safety devices in accordance with State and Federal laws. While the County reserves the right to inspect any equipment for compliance with these requirements regarding condition, this does not relieve the contractor of the obligation to furnish conforming equipment. If any equipment is found to be deficient or non‐conforming, the County shall notify the contractor who shall immediately take action to place the equipment in good operating condition at his own expense. If the contractor does not take corrective action within a reasonable time, the County may require the immediate removal and replacement of the deficient equipment at the contractor’s expense. 2.29.6 Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. 2.29.7 Upon completion of work, contractor shall clean and remove from the job site all disturbances (e.g., loose dirt, dislocated gravel, removed vegetation, footprints, old asphalt/concrete, etc.), debris, materials, and equipment associated with the work performed. County property shall be restored to the same condition as prior to start of the job. 2.29.7.1 If, upon County inspection, it is found that the contractor failed to adequately clean up the site (meaning to the County’s satisfaction) after work has been performed, the County will notify the contractor and the contractor will have 24 hours to clean. Should the contractor fail to clean a site to the County’s satisfaction, the County reserves the right to make other arrangements to have the area cleaned, and the cost of such work shall be offset from any monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.29.8 Contractor shall perform all services in such a manner that County property is not damaged. 2.29.8.1 In the event damage occurs to County property or any adjacent property due to any services performed under this contract, the contractor shall immediately notify the County representative about the damages and shall replace or repair the same at no cost to the County within 48 hours of notifying the County, or by a deadline approved by the County. 2.29.8.2 If damage caused by the contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies SERIAL 230122-RFP due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.29.9 Contractor shall utilize only experienced, responsible, and capable people in the performance of the work. The County may require that the contractor remove from the job covered by this contract, any employee who endangers persons or property or whose continued employment under this contract is inconsistent with the interest of the County. 2.29.10 Contractor must have a business facility within 50 miles of 401 W. Jefferson Street, Phoenix, AZ 85003, for work performed for Maricopa County. 2.29.11 The County may inspect contractor facilities prior to award and reserves the right to make award based on the condition and quality of contractor facilities and equipment. 2.29.12 Contractors bidding on this solicitation may request a site visit to determine conditions that would affect prices and work performance. Contractors shall schedule requested site visits by contacting the procurement officer listed in this solicitation. 2.29.13 To avoid the potential transmission of COVID-19 in any County-owned or -leased facilities, prior to entering, or when on any Maricopa County facility, property, building, or structure, all contractors, their employees, and subcontractors may be required to wear a face mask/face covering. Attendees who do not adhere to County requirements may be prohibited from visiting County site(s) and/or from entering County facilities, properties, buildings, or structures. The County is not responsible for providing face masks or face coverings. 2.29.14 All vehicles used by contractor, including personal transportation vehicles, shall be clearly identified with the name of the company on each side of the vehicle. The letters shall be of such size that they are distinguishable at a reasonable distance. 2.29.15 All employees of the contractor shall wear a company uniform identified with the company name/logo and consisting of a minimum of one of the following: • Shirt/blouse • Vest • Cap 2.29.16 Only authorized employees of the contractor are allowed on Maricopa County work sites. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the contractor. 2.29.17 All work must comply with EPA, OSHA, and any state, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, state, County, and municipal governments pertaining to safety on the job site. If the contractor is found not to be in compliance with Federal, state, County, and/or municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the using agency. Continued non-compliance may result in termination of the contract. 2.29.18 County may conduct audits and performance reviews throughout the term of a contract to ensure contract compliance by the contractor. SERIAL 230122-RFP 2.29.19 It is the contractor’s responsibility to inform FMD (or other using agency) of any updates to electrical panels; therefore, the contractor shall label and identify all electrical components and shall put the newly updated panel schedule(s) inside the modified electrical panel. The new schedule will be dated (MM/DD/YYYY) and the existing schedule shall remain in the panel behind the new schedule. 2.30 BUILDING ACCESS 2.30.1 The contractor may be provided access to County facilities at the discretion of FMD. Keys, badges, or access cards will be provided per the following guidelines: 2.30.1.1 contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn in the key set at the end of the day or after completion of duties (as arranged with the County) unless they are issued a permanent key; or 2.30.1.2 permanent keys may be provided to contractor employees on a case- by-case basis; or 2.30.1.3 badges or access cards may be provided to contractor employees for access to the job site. 2.30.2 Should an employee leave the contractor’s workforce, contractor shall immediately notify the County and all keys, badges, and access cards must be returned to the County. 2.30.3 The contractor shall notify the County within 24 hours of discovery that any keys, badges, or access cards are lost, misplaced, stolen, or otherwise not within the contractor’s control. 2.30.4 Once this agreement is complete, expired, or terminated, the contractor shall immediately return all keys, badges, or access cards to the County. 2.30.5 Failure to comply with these requirements may result in the contractor being assessed the cost of replacing keys, badges, or access cards, and any associated cost to ensure the security of County facilities including, but not limited to, re-keying the entire building at the expense of the contractor. 2.31 HOURS OF SERVICE 2.31.1 Contractor shall be required to provide telephone access 24 hours per day, 7 days per week (24/7), 365 days per year, and respond to a call for services within 30 minutes of receipt of a service request received via phone or email. 2.31.2 Services shall be available 24/7, 365 days per year. 2.31.3 Contractor shall respond on-site to begin work within four hours of receipt of a service request unless arrangements have been made for a later date/time with the County per the work order or notice to proceed. 2.31.4 The four-hour response time for non-emergency calls shall carry over to the next working day if called into contractor’s office after 2:00 p.m. MST. The contractor will be required to begin work by 8:00 a.m. MST the following day. 2.31.5 Contractors shall respond to emergency service requests immediately and report on-site to begin work within one hour of an emergency service call request regardless of the day/time of day, weekend, or holiday. SERIAL 230122-RFP 2.31.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST, Monday through Friday, excluding County holidays. 2.31.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m., MST, Monday through Friday. 2.31.5.3 Weekends are anytime on a Saturday or a Sunday. 2.31.5.4 Holidays are County holidays. 2.31.5.5 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for County holidays. 2.31.5.6 Due to the nature of work in public buildings, FMD will dictate during what service hours the contractor shall provide services. 2.32 TIME AND MATERIALS WORK AND PROJECT WORK 2.32.1 All work will be completed as Time & Material (T&M) work, project work, or preventative maintenance. T&M and project work thresholds will apply as outlined in the scope of this contract. If the contract is awarded to a single vendor, all work priced below the T&M threshold may be performed as T&M work as negotiated with the County, in which case project work language will be removed at the time of contract award. 2.32.2 Contract award to multiple contractors will result in a call order (first, second, third, etc.) for T&M work. The call order will be determined by respondents lowest average hourly pricing for labor found in the bid responses on Attachment D – Pricing Sheet. 2.32.3 Contractor is responsible for confirming the appropriate billing method with the FMD project manager (or other using department) prior to start of work. 2.32.4 A request for a price estimate does not imply that work may be billed as a project. 2.32.5 Time and Materials Work 2.32.5.1 Cost estimates for work, which will not constitute a firm fixed quote, may be requested from contractors by County project managers. Work with estimated costs below $25,000 may be performed either as T&M work or may, at the County’s option, be bid among the contractors awarded in the contract. 2.32.5.2 County reserves the right to adjust the $25,000 T&M threshold if such adjustment is deemed to be in the County’s best interest. 2.32.5.3 Regardless of value, repairs may be completed under a T&M work designation except when it is deemed in the County’s best interest to bid among contractors awarded in the contract. 2.32.5.4 Contractor will price T&M services at the contractor’s “most favored customer” pricing/discounts under similar conditions (e.g., order sizes, types, complexities, geographical regions, etc.). Contractors will provide County with a full breakdown estimate of pricing prior to County issuance of a work order/project number. 2.32.5.5 T&M hourly labor rates shall include all wages, indirect costs, overhead, profit, coordination time, general and administrative expenses, and SERIAL 230122-RFP profit. Fractional parts (15-minute intervals) of an hour shall be payable on a prorated basis. 2.32.5.6 Contractor shall only bill County for actual hours worked. County shall not pay for contractor’s travel or mobilization time, lunch breaks, traffic delays, etc. Additionally, contractor shall not bill County for time spent retrieving repair parts and equipment that contractor has failed to have on hand when performing anticipated services per the specifications herein, e.g., temporary filters for supply grilles. 2.32.5.7 All T&M work shall only require the County to issue a work order/project number to a contractor as authorization to proceed. The work order/project numbers shall be included on the vendor invoice. 2.32.5.8 Contractor must have availability for 24/7 emergency T&M response. 2.32.5.9 T&M repairs may take place in response to emergency calls. 2.32.6 Project Work 2.32.6.1 Project work shall mean work, which, in the best interest of the County, would be more advantageous to be performed as "all inclusive,” as opposed to T&M. The contractor assigned to this contract shall be provided a request for project quote containing a detailed scope of work or shall meet with the County agency, discuss what needs to be done, and present the County with a written quote. 2.32.6.2 Project work shall be work that has been planned and has estimated costs in excess of $25,000. The County reserves the right to adjust the $25,000 project threshold if deemed in the County’s best interest. 2.32.6.3 Exceptions to the T&M/project work threshold shall be emergencies that arise and must be dealt with immediately without the time for project quotes. 2.32.6.4 County’s project quote sheet will contain the following information: 2.32.6.4.1 Contract serial number and name 2.32.6.4.2 Name and address of site 2.32.6.4.3 FMD site number 2.32.6.4.4 Detailed scope of work 2.32.6.4.5 Other information relative to the scope of work 2.32.6.4.6 Project start/finish timeline (optional) 2.32.6.4.7 Check box for “will quote” or “will not quote” the project 2.32.6.4.8 Signature line for both the County and the Contractor 2.32.6.5 After site review of the project, all contractors listed under this contract must submit the project quote sheet back to the requestor, either with acceptance and a firm price, or indication that contractor declines the project with a written reason as to why the project was declined. Contractors who have declined project work a minimum of three times during a six-month period shall be required to attend a meeting with the SERIAL 230122-RFP Office of Procurement Services and FMD to discuss consideration for default of contract, as this is indicative of the Contractor’s desire not to do business with the County. 2.32.6.6 The submitted project price quote is to be all-inclusive. That is, any cost overruns to be absorbed by the contractor, or cost savings to be additional profit for the contractor. Exceptions to this are changes requested by the County that incur higher project cost and longer delays. All change order requests to a project must be in writing, referencing the contract serial number, and must be approved by FMD (or by County using agency requesting the change[s]) prior to any authorization to proceed. The contractor who fails to acquire approved change orders in writing runs the risk of incurring these additional costs without payment. 2.32.6.7 County may choose to negotiate with the contractor. The responding contractor shall be required to submit all back-up documentation (line item material costs, labor hours with rates, etc.) to the FMD project manager (or County requesting agency) within three business days of a request. This documentation shall include all subcontractor documentation. If an agreement cannot be reached between the County and the contactor, either party may terminate the discussions and the County may seek to re-bid and/or deliver the project through other procurement options. 2.32.6.8 Dependent upon the complexity/nature of the project, a predetermined and/or pre-identified mandatory or optional site meeting may be held to ensure all contractors are aware of important issues regarding the project. Contractors who do not show-up to a mandatory site meeting and who submit a project quote will be considered “non-responsive”. 2.32.6.9 Contractors will be compensated for additional work requested by the County that is not detailed in the scope of work in a project quote using the labor rates bid by the contractor on the pricing page only if such work has been pre-approved, in writing, by the County. Contractors may not be compensated for additional work performed that has not been pre- approved, in writing, by the County. 2.32.6.10 Upon project completion, contractor will provide County with a closeout package containing documents that County has identified in the in the project bid. Requested documents may include, but are not limited to, warranty letters, product list, operation and maintenance manuals, and a vendor list. 2.32.7 Preventative Maintenance Service 2.32.7.1 All Preventative Maintenance (PM) shall be performed in accordance with industry standards and manufacturer recommendations. 2.32.7.2 Repairs may be initiated during PM service with permission of the County. Contractor shall advise the County of the need for repairs and a separate work order may be issued if work is approved. 2.32.7.3 PM and/or repair work shall be billed individually (per work order) and not bundled together on an invoice. 2.32.7.4 PM shall be performed monthly, semi-annually, and annually according to the schedule included as Exhibit 5 – Sample Hydraulic Elevator Maintenance Log. Contractors shall perform the maintenance in accordance with all manufacturer specifications. SERIAL 230122-RFP 2.33 TIME AND MATERIALS CONSUMABLES Contractor(s) must provide all equipment, consumable shop supplies (rags, cleaners, solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools necessary to perform all required services. Contractor may be allowed a one-time consumable charge of up to $25 per work order to cover these type of expenses, at the County’s discretion. Anything beyond the $25 limit shall be provided at the contractor’s own expense. 2.34 ALLOWABLE PASS-THROUGH COSTS WITH MARK-UP UNDER TIME AND MATERIALS WORK 2.34.1 Authorized costs which are not listed on the pricing page shall be paid for by the contractor and invoiced to the County. Supporting documents for any allowable pass-through cost shall accompany each final invoice. All pass-through supporting documents must be itemized for labor, materials, and taxes. The following fees will be allowed a five percent administrative mark-up: 2.34.1.1 Use of subcontractors: The use of labor by subcontractors performing any work not normally performed in the scope of elevator and escalator maintenance and repair services, and that cannot be performed by the prime contractor (e.g., plumbing, electrical, structural, and rigging, etc.) and that may require specialized licensing and/or certification. 2.34.1.1.1 Prime contractor shall be responsible for ensuring that subcontractors have all proper documentation as required by the County. Use of subcontractors requires prior written approval from the County. 2.35 ALLOWABLE PASS-THROUGH COSTS WITH NO MARK-UP UNDER TIME AND MATERIALS WORK 2.35.1 Equipment and tool leases/rentals for unique County requirements: Pricing will be charged at the rate specified in the bidder response on Attachment D – Pricing Sheet (per project or T&M job) with no mark-up. 2.35.1.1 Contractors shall receive prior approval from the County, in writing, for tools or equipment rented or charged on a per use basis by contractors while conducting County business. 2.35.1.2 Operating costs for rented equipment, which include a condition that equipment only be operated by an employee of the rental company, are allowable at the operator rate designated by the rental company. Rental/Operating costs shall be paid by the contractor and invoiced to the County with no mark-up. 2.35.2 Permits: Any permits related to the performance of County work shall be obtained by the contractor. Permit costs shall be paid by the contractor and invoiced to the County with no mark-up. 2.35.3 Dump fees: Any dump fees incurred by the contractor related to work performed for the County shall be paid by the contractor and invoiced to the County with no mark-up. 2.36 ASBESTOS AND HAZARDOUS CONDITIONS ABATEMENT 2.36.1 Contractor shall notify the County immediately of any concerns regarding asbestos or other hazardous conditions. SERIAL 230122-RFP 2.36.2 Any asbestos or other hazardous conditions discovered on the site that would impact the repairs must be abated through a licensed asbestos (or other hazardous condition) abatement contractor who must provide County with air quality and disposal certificates. Abatement subcontracting can be coordinated either by the contractor or the County. 2.36.3 Contractor’s work shall not include any abatement or disturbance of asbestos containing material (“ACM”), presumed asbestos containing materials (“PACM”), or other hazardous materials (i.e. lead, PCBs) (collectively “HazMat”). The Contractor has the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. HazMat removal or abatement is at the County’s sole expense. Nothing contained within the agreement shall be construed or interpreted as requiring the Contractor to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. 2.37 DEAD END CHARGE If the contractor is unable to locate a County representative familiar with scheduled work or is unable to gain access to the work site, the contractor shall call the County Boiler Room (602-506-3310). A boiler room technician will give the contractors further instruction at the time work is to be performed. If the contractor is delayed or turned away after receiving further instructions from the boiler room technician, a $50 building access trip charge will be authorized by the County. 2.38 CANCELLATION COST 2.38.1 Any scheduled work cancelled without a minimum of 48 hours prior notice to the County may be rescheduled with the contractor and is subject up to a 25 percent reduction of the cost to the County. 2.38.2 If the contractor fails to show up as scheduled without contacting the County to reschedule the work, or cancels without providing 24 hour notice, the contractor may be subject to termination of this contract for default. 2.39 SALVAGE Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from the County. If contractor is given salvage rights, salvageable materials shall be removed daily. On-site storage of contractor’s salvaged materials is not permitted. 3.0 PURCHASING REQUIREMENTS 3.1 DELIVERY REQUIREMENTS 3.1.1 Delivery shall be F.O.B. Destination Freight Prepaid. 3.1.2 Delivery is desired as soon as possible. Details shall be as stipulated on the purchase order. It shall be the Contractor’s responsibility to meet the proposed delivery requirements. 3.1.3 Contractor shall notify the County representative listed on the order if the requested delivery date and/or the anticipated lead time cannot be met. SERIAL 230122-RFP 3.1.4 Failure to communicate to County changes in the order status may result in default proceedings. 3.1.5 Delivery shall be made to the County no later than 3:00 p.m. MST before the fifth calendar day after order is received unless prior arrangements have been made and approved, in writing, by the County. 3.1.6 Exceptions to the delivery schedule will be special-order items that must be identified by the contractor to the County and approved in writing by the County. 3.1.7 County reserves the right to obtain material on the open market in the event vendors fail to make delivery of materials and will charge any price differential to the vendor. 3.1.8 Delivery will be made to the following address during the receiving hours of 7:00 a.m. - 3:00 p.m. MST during normal County business days: FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE 2401 S. 28th Dr. Phoenix, AZ 85009 Warehouse Manager: 602-506-2501 Warehouse Specialist: 602-506-1935 3.2 SHIPPING TERMS 3.2.1 Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid, by the most economical method, at the County’s warehouse, unless a different location(s) has been stipulated on the purchase order, or as agreed upon, in writing, between the contractor and the County. All delivery locations are within Maricopa County. 3.2.2 Standard shipping of goods shall arrive within five business days of order placement. 3.2.3 Shipping costs totaling less than $50 should be considered in the contractor’s mark-up as bid in response to the contract solicitation. Shipments which contain only County goods, and which cost $50 or more may be reimbursed to the contractor as a pass-through cost with no mark-up when provided with the invoice back-up documentation. 3.2.4 If the County determines that expedited delivery or other alternate shipping is required, it shall notify the contractor. The contractor shall determine any additional costs associated with such delivery terms and communicate that cost, in writing, to the County as soon as costs are known. 3.2.5 The County shall not advise the contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the County shall advise the contractor to proceed. 3.2.6 Upon receipt of material(s) and invoicing, the County shall ensure that any additional charges are in compliance with, and do not exceed, agreed to costs. The County shall retain all documents related to these costs within the agency purchase file. 3.2.7 Contractor is responsible for shipping and handling fees related to returned items when the items have been ordered by the contractor. SERIAL 230122-RFP 3.3 SHIPPING DOCUMENTS 3.3.1 A packing list or other suitable shipping document shall accompany each shipment and shall include the following: 3.3.1.1 Contract serial number 3.3.1.2 Contractor’s name and address 3.3.1.3 Department name and address 3.3.1.4 Department purchase order number 3.3.1.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s), as applicable 3.4 EXPEDITED DELIVERY 3.4.1 If the department determines that expedited delivery or other alternate shipping is required, it shall notify the contractor. The contractor shall determine any additional costs associated with such delivery terms and communicate that cost to the department. 3.4.2 The department shall not advise the contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the department shall advise the contractor to proceed. 3.4.3 Upon receipt of material(s) and invoicing, the department shall ensure that any additional charges are in compliance with and do not exceed agreed to costs. The department shall retain all documents related to these costs. 3.5 OPERATING MANUALS Upon delivery, contractor shall provide comprehensive operational manuals, service manuals, and schematic diagrams, if required by the department. 3.6 INSTALLATION Contractor shall be responsible to install and present for inspection all services and equipment in a complete and ready-for-use condition with all components functioning, cleaned and tested. Contractor’s price shall include delivery and installation of all equipment in complete operating condition. 3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY The Contractor shall have access to factory authorized service facility. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the material(s). Minimum service hours for the facility shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday. 3.8 STOCK The contractor shall be expected to stock sufficient quantities as may be necessary to meet the County’s needs and deliver as stated in the RFP. SERIAL 230122-RFP 3.9 DISCONTINUED MATERIALS 3.9.1 In the event that a manufacturer discontinues materials, the County may allow the contractor to provide a substitute for the discontinued item or may cancel the contract. If the contractor requests permission to substitute a new material, the contractor shall provide the following to the County: 3.9.1.1 Documentation from the manufacturer that the material has been discontinued. 3.9.1.2 Documentation that names the replacement material. 3.9.1.3 Documentation that provides clear and convincing evidence that the replacement material meets or exceeds all specifications required by the original solicitation. 3.9.1.4 Documentation that provides clear and convincing evidence that the replacement material will be compatible with all the functions or uses of the discontinued material. 3.9.1.5 Documentation confirming that the price for the replacement is the same as or than the discontinued material. 3.9.2 Material discontinuance applies only to those materials specifically listed on any resultant contract. This will not apply to catalog items not specifically listed on any resultant contract. SERIAL 230122-RFP EXHIBIT C: PPP NATIONAL COOPERATIVE DOCUMENTS 230122-Exhibit C-PPP National Coop Documents.pdf EXHIBIT D: EXHIBIT D – SAMPLE PARTICIPATING PUBLIC AGENCIES SERVICE AGREEMENTS 230122-Exhibit D-Sample Participating Public Agencies Service Agreements.pdf