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SERIAL 171091 S RE-LAMPING AND REPAIR SERVICES DATE OF LAST REVISION: February 15,2017 CONTRACT END DATE: February 28, 2019 CONTRACT PERIOD THROUGH FEBRUARY 28,2019 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for RE-LAMPING AND REPAIR SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on February 15, 2017 (Eff. 03/01/17). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. Kevin T e. CII krocueiflcn Office o curem en t Se.. BG/mm Attach Copy to: Office of Procurement Services Don Jeffery, Facilities Management (Please remove Serial 10043-S from your contract notebooks) SERIAL 171041-S FLUORESCO SERVICES, LLC, PHOENIX BRANCH, 4048 E SUPERIOR AVE, PHOENIX, AZ 85040 Attachment A COMPANY NAME: Fluoresco Services, LLC DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: Phoenix Branch 4048 E Superior Ave Phoenix, AZ 85040 REMIT TO ADDRESS: 5505 S Nogales Hwy Tucson, AZ 85706-3300 I ELEPHONE NUMBER: 602-276-0600 FACSIMILE NUMBER: 602-470-1313 WEB SrIE: wvvw.fluoresco.com REPRESENTATIVE NAME: Gary Gryder REPRESENTATIVE IELEPHONE NUMBER: 602-276-0600 REPRESENTATIVE E-MAIL: ggrvderAfluoresco.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS X CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X X NET 30 DAYS Fifth Call Item Qty Unit Price Normal Business Hours 1 hour $55.00 After Hours and Saturday Work 1 hour $82.00 Sunday and Holidays 1 hour $82.00 Materials (Cost Plus %) 1 fee 15% Equipment Rental - Man-Lift w/1 Technician 1 day $650.00 Equipment Rental - Man-Lift w12 Technicians 1 day $950.00 Equipment Rental - Service Truck up to 42 feet 1 day $520.00 Equipment Rental - Service Truck over 42 feet 1 day $950.00 Trip Charge: MCSO Lake Aid Stations 1 fee $110.00 Trip Charge: Gila Bend AZ 1 fee $110.00 Trip Charge: Buckeye AZ 1 fee $82.00 Trip Charge: Aguila AZ 1 fee $110.00 Equipment Rental - Man-Lift w/1 Technician (After Hours and Saturday Work) 1 day $825.00 Equipment Rental - Man-Lift w/1 Technician (Sunday and Holidays) 1 day $825.00 Equipment Rental - Man-Lift w12 Technicians (After Hours and Saturday Work) 1 day $1,275.00 Equipment Rental - Man-Lift w/2 Technicians (Sunday and Holidays) 1 day $1,275.00 Electrician Rate (Normal Business Hours) 1 hour $89.00 Electrician Rate (After Hours and Saturday Work) 1 hour $134.00 Electrician Rate (Sunday and Holidays) 1 hour $134.00 SERIAL 171091-S FLUORESCO SERVICES PRICING SHEET: NIGP CODE 91082 Terms: NET 30 Vendor Number: VC00000010305 Certificates of Insurance Required Contract Period: To cover the period ending February 28, 2019. SERIAL 171091-S ATTACHMENT 13 AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT httn://www.mariconazov/procurement AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. No Small Business Enterprise (SBE) Fluoresco Services 46-4795486 04-513-1182 Everbrite LCRESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL Ii6A ID NUMBER DUNS # Gay Grvder, VP of Business Development PRINTED NAME AND TITLE AUTHC912,4ZECVSIGNATURE 4048 E Superior Ave 602-276-0600 60/-470-1313 — ADDRESS TELEPHONE FAX # Phoenix AZ 85040 12/13/16 - CITY STATE ZIP DATE WEB SITE: www.fiuoresco.com EMAIL ADDRESS:ggryder@fluoresco.com MARICOPA COUNTY, ARIZONA BY: CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES BY: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL 171091-S HAVVKEYE ELECTRIC, INC., 1394 N. FARRELL COURT, #104, GILBERT, AZ 85233 Attachment A COMPANY NAME: Hawkeye Electric, Inc. DOING BUSINESS AS (DBA) NAME: N/A MAILING ADDRESS: 1394 N. Farrell Court, #104 Gilbert, AZ 85233 REMIT TO ADDRESS: 1394 N. Farrell Court, #104 Gilbert, AZ 85233 1 ELEPHONE NUMBER: 480-784-6800 FACSIMILE NUMBER: 480-784-6860 WEB SHE: www.hawkeyeelectric.com REPRESENTATIVE NAME: Pete Trowbridge REPRESENTATIVE '11LEPHONE NUMBER: 480-374-4120 REPRESENTATIVE E-MAIL: pete(Oawkeyeeleetric.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM X THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X X NET 30 DAYS First Call Item Qty Unit Price Normal Business Hours 1 hour $16.00 After Hours and Saturday Work 1 hour $24.00 Sunday and Holidays 1 hour $24.00 Materials (Cost Plus %) 1 fee 15% Equipment Rental - Man-Lift w/1 Technician 1 day $430.00 Equipment Rental - Man-Lift w12 Technicians 1 day $550.00 Equipment Rental - Service Truck up to 42 feet 1 day $350.00 Equipment Rental - Service Truck over 42 feet 1 day $550.00 Trip Charge: MCSO Lake Aid Stations 1 fee $64.00 Trip Charge: Gila Bend AZ 1 fee $96.00 Trip Charge: Buckeye AZ 1 fee $64.00 Trip Charge: Aguila AZ 1 fee $96.00 Equipment Rental - Man-Lift w/1 Technician (After Hours and Saturday Work) 1 day $447.00 Equipment Rental - Man-Lift w/1 Technician (Sunday and Holidays) 1 day $447.00 Equipment Rental - Man-Lift w/2 Technicians (After Hours and Saturday Work) 1 day $575.00 Equipment Rental - Man-Lift w12 Technicians (Sunday and Holidays) 1 day $575.00 Electrician Rate (Normal Business Hours) 1 hour $30.00 Electrician Rate (After Hours and Saturday Work) 1 hour $45.00 Electrician Rate (Sunday and Holidays) 1 hour $45.00 SERIAL 171091-S HAWKEYE ELECTRIC INC. PRICING SHEET: NIGP CODE 91082 Terms: NET 30 Vendor Number: VS0000001064 Certificates of Insurance Required Contract Period: To cover the period ending February 28, 2019. Maricopa County Bid 171091-S SERIAL 171091-S ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT http://www.maricopa.gov/procurement AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. Small Business Enterprise (SBE) Hawkeye Electric, Inc. 86-0972617 12-531-5783 RESPONDENT (FIRM) SUBMITTING PROPOSAL Pete Trowbridge, President PRINTED NAME AND TITLE 10 W. Roosevelt Avenue 480-784-6800 480-784-6860 ADDRESS TELEPHONE FAX # Chandler AZ 85226 02/04/2017 CITY STATE ZIP DA LE WEB SITE: www.hawkeyeelectric.com EMAIL ADDRESS: pete@hawkeyeelectric.com MARICOPA COUNTY, ARIZONA BY: CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES BY: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE 11/30/2016 8:00 AM p. 27 SERIAL 171091-S HERNANDEZ COMPANIES, INC., 3734 EAST ANNE STREET, PHOENIX, AZ 85040 Attachment A COMPANY NAME: Hernandez Companies, Inc. DOING BUSINESS AS (DBA) NAME: N/A MAILING ADDRESS: 3734 East Anne Street Phoenix, AZ 85040 REMIT TO ADDRESS: 3734 East Anne Street Phoenix, AZ 85040 TELEPHONE NUMBER: 602-438-7825 FACSIMILE NUMBER: 602-438-6558 WEB SITE: wvvvv.HernandezCompanies.com REPRESENTATIVE NAME: Denise Hernandez and Chris Hernandez REPRESENTATIVE TELEPHONE NUMBER: 602-438-7825 REPRESENTATIVE E-MAIL: info@hernandezcompanies.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM X THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X 1% 10 DAYS NET 30 DAYS Second Call Item Qty Unit Price Normal Business Hours 1 hour $39.00 After Hours and Saturday Work 1 hour $40.95 Sunday and Holidays 1 hour $40.95 Materials (Cost Plus %) 1 fee 15% Equipment Rental - Man-Lift w/1 Technician 1 day $382.00 Equipment Rental - Man-Lift w12 Technicians 1 day $694.00 Equipment Rental - Service Truck up to 42 feet 1 day $320.00 Equipment Rental - Service Truck over 42 feet 1 day $400.00 Trip Charge: MCSO Lake Aid Stations 1 fee $70.00 Trip Charge: Gila Bend AZ 1 fee $50.00 Trip Charge: Buckeye AZ 1 fee $50.00 Trip Charge: Aguila AZ 1 fee $100.00 Equipment Rental - Man-Lift w/1 Technician (After Hours and Saturday Work) 1 day $397.60 Equipment Rental - Man-Lift w/1 Technician (Sunday and Holidays) 1 day $397.60 Equipment Rental - Man-Lift w/2 Technicians (After Hours and Saturday Work) 1 day $725.20 Equipment Rental - Man-Lift w/2 Technicians (Sunday and Holidays) 1 day $725.20 Electrician Rate (Normal Business Hours) 1 hour $55.00 Electrician Rate (After Hours and Saturday Work) 1 hour $57.75 Electrician Rate (Sunday and Holidays) 1 hour $57.75 SERIAL 171091-S HERNANDEZ COMPANIES INC. PRICING SHEET: NIGP CODE 91082 Terms: 1% 10 DAYS NET 30 DAYS Vendor Number: VC0000007187 Certificates of Insurance Required Contract Period: To cover the period ending February 28, 2019. Maricopa County Bid 171091-S SERIAL 171091-S ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CER 1114IES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT httn://www.maricopa.gov/procurement AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. Small Business Enterprise (SBE) Hernandez Companies, Inc. RESPONDENT (FIRM) SUBMITTING PROPOSAL Chris Hernandez, President PRINTED NAME AND TITLE 3734 E Anne Street 602-438-7825 602-438-6558 ADDRESS TELEPHONE FAX # Phoenix AZ 85040 12/13/16 CITY STATE ZIP DATE WEB SITE: www.hernandezcompanies.com EMAIL ADDRESS: infohernandezcompanies.com MARICOPA COUNTY, ARIZONA BY: CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES BY: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE 12/7/2016 3:29 PM p.30 SERIAL 171091-S JFK ELECTRICAL CONTRACTING ENTERPRISES, INC., 1439 WEST SAN ANGELO, GILBERT, AZ 85233 Attachment A COMPANY NAME: JFK Electrical Contracting Enterprises, Inc. DOING BUSINESS AS (DBA) NAME: JFK Electrical Contracting Enterprises, Inc. MAILING ADDRESS: 1439 West San Angelo Gilbert, AZ 85233 REMIT TO ADDRESS: 1439 West San Angelo Gilbert, AZ 85233 TELEPHONE NUMBER: 480-926-3500 FACSIMILE NUMBER: 480-926-3504 WEB SITE: www.jfkelectric.com REPRESENTATIVE NAME: Brandon ICrecek REPRESENTATIVE TELEPHONE NUMBER: 480-688-0988 REPRESENTATIVE E-MAIL: bkrecek@jfkelectric.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM X THIS CONTRACT: X WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: NET 10 DAYS Third Call Item Qty Unit Price Nom al Business Hours 1 hour $42.00 After Hours and Saturday Work 1 hour $65.00 Sunday and Holidays 1 hour $85.00 Materials (Cost Plus %) 1 fee 47.5 Equipment Rental - Man-Lift w/1 Technician 1 day $500.00 Equipment Rental - Man-Lift w/2 Technicians 1 day $900.00 Equipment Rental - Service Truck up to 42 feet 1 day $520.00 Equipment Rental - Service Truck over 42 feet 1 day $900.00 Trip Charge: MCSO Lake Aid Stations 1 fee $100.00 Trip Charge: Gila Bend AZ 1 fee $100.00 Trip Charge: Buckeye AZ 1 fee $70.00 Trip Charge: Aguila AZ 1 fee $200.00 Equipment Rental - Man-Lift w/1 Technician (After Hours and Saturday Work) 1 day $650.00 Equipment Rental - Man-Lift w/1 Technician (Sunday and Holidays) 1 day $975.00 Equipment Rental - Man-Lift w/2 Technicians (After Hours and Saturday Work) 1 day $1,165.00 Equipment Rental - Man-Lift w/2 Technicians (Sunday and Holidays) 1 day $1,725.00 Electrician Rate (Nounal Business Hours) 1 hour $42.00 Electrician Rate (After Hours and Saturday Work) 1 hour $65.00 Electrician Rate (Sunday and Holidays) 1 hour $85.00 SERIAL 171091-S JFK ELECTRICAL CONTRACTING ENTERPRISES INC. PRICING SHEET: NIGP CODE 91082 Temis: NET 10 Vendor Number: VC0000007753 Certificates of Insurance Required Contract Period: To cover the period ending February 28, 2019. Maricopa County Bid 171091-S SERIAL 171091-S ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the Respondent's Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement BY SIGNING THIS PAGE THE SUBM11 IING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT http://www.maricopa.eov/proeurement AN!) AGREE TO BE CONTRACTUALLY BOUND TO THEM. Small Business Enterprise (SBE) JFK Electrical Contracting Enterprises, Inc. 86-0645551 18-935-8294 RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMB R DUNS # Brandon J Krecek PRINTED NAME AND TITLE AUTHORIZED SIGNATURE 1439 West San Angelo Street 480.926.3500 480.926.3504 ADDRESS TELEPHONE FAX # Gilbert AZ 85233 02/07/17 CITY STATE ZIP DATE WEB SITE: www.jfkelectric.com EMAIL ADDRESS: bkrecek@jfkelectric.corn MARICOPA COUNTY, ARIZONA BY: CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES BY: CHAIRMAN-, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE p.30 121712016 3:29 PM SERIAL 171091-S UK ELECTRIC, LLC, 9299 W OLIVE AVE, SUITE 502, PEORIA, AZ 85345 Attachment A COMPANY NAME: UK Electric, LLC DOING BUSINESS AS (DBA) NAME: MAILING ADDRESS: 9299 W Olive Ave Suite 502 Peoria, AZ 85345 REMIT TO ADDRESS: Same TELEPHONE NUMBER: 623-587-0546 FACSIMILE NUMBER: 623-580-0304 WEB SITE: REPRESENTATIVE NAME: Graham Pattison REPRESENTATIVE TELEPHONE NUMBER: 623-587-0546 ext 100 REPRESENTATIVE E-MAIL: graham.pattison@ukelectriclIc.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM X THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: X NET 20 DAYS Fourth Call Item Qty Unit Price Normal Business Hours 1 hour $45.00 After Hours and Saturday Work 1 hour $67.50 Sunday and Holidays 1 hour $90.00 Materials (Cost Plus %) 1 fee 25% Equipment Rental - Man-Lift w/1 Technician 1 day $620.00 Equipment Rental - Man-Lift w/2 Technicians 1 day $900.00 Equipment Rental - Service Truck up to 42 feet 1 day $360.00 Equipment Rental - Service Truck over 42 feet 1 day $635.00 Trip Charge: MCSO Lake Aid Stations 1 fee $150.00 Trip Charge: Gila Bend AZ 1 fee $150.00 Trip Charge: Buckeye AZ 1 fee $50.00 Trip Charge: Aguila AZ 1 fee $150.00 Equipment Rental - Man-Lift w/1 Technician (After Hours and Saturday Work) 1 day $800.00 Equipment Rental - Man-Lift w/1 Technician (Sunday and Holidays) 1 day $1,110.00 Equipment Rental - Man-Lift w/2 Technicians (After Hours and Saturday Work) 1 day $1,670.00 Equipment Rental - Man-Lift w12 Technicians (Sunday and Holidays) 1 day $1,670.00 Electrician Rate (Normal Business Hours) 1 hour $53.00 Electrician Rate (After Hours and Saturday Work) 1 hour $79.50 Electrician Rate (Sunday and Holidays) 1 hour $106.00 SERIAL 171091-S UK ELECTRIC LLC PRICING SHEET: NIGP CODE 91082 Tel ins: NET 20 Vendor Number: VS0000001057 Certificates of Insurance Required Contract Period: To cover the period ending February 28, 2019. Marlcopa County Bid 171091-S SERIAL 171091-S ATTACHMENT B AGREEMENT PAGE Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Marieopa County of the Respondent's Offer will create a.binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific procurement BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT'S TERMS AND CONDITIONS LOCATED AT littp://www.maricopa.gov/procurement AND AGREE TO BE CONTRACTUALLY BOUND TO THEM. Small Business Enterprise (SBE) (104 tdrt\e:j tne.-- - 7 06'7--7 0 RESPONDENT (FIRM) SUBMITTING PROPOSAL 6&1440 i . P45111/0 A -meek PRINTED NAME AND TITLE qe,24i9 et) ,ok`o16 - 41/6- 562, 6a,-5€47--05e/6- 62s -5"?.6 ADDRESS TELEPHONE FAX # Peonicsek_ A -z 863175 CITY STAIE ZIP DATE WEB sicE: GiKeledrk (pot-oav EMAIL ADDRESS: rtk kka.viA SO 11 e)Lke.i.ec- r'icitc• co-AA MARECOPA COUNTY, ARIZONA BY: CHIEF PROCUREMENT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES BY: CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF TTIE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE 1217/2016 3:29 PM p. 30 SERIAL 171091-S RE-LAMPING AND REPAIR SERVICES 1.0 INTENT: to establish a listing of qualified lighting contractors on a first call, second call, etc. basis to replace lamps/bulbs and related equipment on county building interiors and exteriors, parking lots, emergency lighting, signalized intersections and other lighting applications on a time and materials basis for jobs estimated to be under $5,000.00. Award of first call, second call, etc. will be based on the lowest bid rate(s) from a responsible and responsive contractor. During the current fiscal year, the County intends to utilize this contract for the complete re-lamping of 10 County owned buildings. In addition to normal and routine maintenance projects that occur from time to time, the County also intends to continue in future fiscal years, or as funds become available, to award additional large re-lamping projects using this contract. At the time a requirement for a re-lamping project is identified, requests for quotations will be issued to each qualified contractor on this contract. Project award(s) will be made to the lowest priced responsible and responsive contractor meeting the specifications. The County reserves the right to award re-lamping projects 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. Contractors who fail to respond to three requests for quotes may be removed from the contract without further consideration. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.9 and 3.10, below). 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. 2.0 SPECIFICATIONS: 2.1 Contractor shall provide all test equipment, tools, labor, supervision, materials, parts, transportation, and all effort necessary to carry out the specifications herein. 2.2 Contractor to source all lamps, ballasts, and parts. All replacement components to be new. All installed lighting components, lamps and ballasts shall be warranted for one year. While under warranty, labor to replace shall be at no additional cost to the County. 2.3 Some lighting systems shall require replacement/repair while energized. Vendor is responsible for all personal protective equipment required by laws and regulation. 2.4 Project Work and Time and Materials: 2.4.1 Project work shall mean re-lamping perfou ed as an all-inclusive price; not time and materials. The Contractor(s) shall meet with the FWD staff at the site to ascertain what work is to be performed. Each of the contractors assigned to this contract shall be provided a request for project quote with a detailed Scope of Work. As such, each contractor MUST submit a response, with award to the lowest quote of the project. Contractors are not to submit their own project quote sheets. Only County letterhead quote sheets are acceptable. All terms and conditions are those established under this agreement. All additional labor charges outside the Scope of Work are those established in Attachment A, PRICING. Contractor shall be compensated for additional work requested that is not detailed in the scope via the labor rates bid in Attachment A, PRICING. 2.4.1.1 The threshold form time and materials to project work shall be $5,000.00. Exceptions to this shall be emergencies that arise and must be dealt with immediately without the time for project quotes. This figure is not firm fixed. SERIAL 171091-S The County reserves the right to adjust this figure to a higher-level if deemed in the best interest of the department. 2.4.1.2 The project quote sheet will contain the following information: The contract serial number and name; Name and address of site; Detailed scope of work, Other information relative to the S-O-W, Project start/finish time line (optional), Price 2.4.2 The submitted project price quote will be all-inclusive. Any cost overruns will be absorbed by the Contractor, or cost savings to be additional profit. Exceptions to this are changes requested by the County that incur higher project cost and longer delays. All change orders to a project must be in writing, referencing the contract serial number, and approved by FMD prior to any authorization to proceed. The Contractor who fails to acquire change orders in writing runs the risk of incurring these additional costs without payment. 2.4.3 Project pricing shall include everything the contractor anticipates is necessary to complete the job (i.e., rental equipment, materials, labor, supervision, subcontractor costs, mobilization costs, demobilization costs, permits, etc.). These costs to be part of the overall project price and as such not itemized. 2.4.4 Due to the locations and heights of some lamps, contractor(s) may mark-up their pricing not to exceed 5% for the use of specialized lift equipment and scaffolding for individual projects. 2.5 BALLASTS AND LAMPS: The Contractor will replace ballasts and lamps with those that are equal to or better quality of what is being replaced or specified by Maricopa County. Contractor must clean all lenses, diffusers, covers, or globes before reinstallation. Diffusers found to be damaged and not feasible for reinstallation shall be replaced with matching type sourced by Contractor. Maricopa County reserves the right to inspect damaged items prior to disposal. Maricopa County requires the recycling of all spent lamps and ballasts for re-lamping project work. The Contractor shall submit to Maricopa County Facilities Management (if requested) a Certificate of Recycling upon completion of each project. The Certificate of Recycling shall be issued by the recycling vendor used by the Contractor or by the Contractor themselves if they have their own recycling program. The Certificate of Recycling shall clearly acknowledge ownership and proper disposal of the lamps. 2.6 EMERGENCY FLUORESCENT FIXTURES, IDENTIFICATION: Emergency fluorescent fixtures have a special ballast unique to those fixtures. The emergency ballasts must be taken into account when a lighting audit is done. To aid identification of fixtures that contain emergency ballasts, we ask that a red adhesive sticker, 1" in diameter, be affixed to the T-bar next to the fixture so that it will be visible from the floor. 2.7 Contractor to provide lifting devices. Detention facilities usually require a minimum height of 20 feet. Warehouse space a minimum height of 30 ft. Parking lot/landfill lights a minimum of 65 feet. 2.8 All background checks will be a requirement for all employees of Contractor's staff providing services to the County. This requirement is essential due to the need to access areas within the SERIAL 171091-S County such as detention facilities, court buildings, and many other restricted areas. The cost for this requirement shall be incurred by the County. 2.9 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building tenants. Upon completion of work the Contractor is responsible for cleaning and removing from the job site all debris, materials, and equipment associated with the work performed. 2.10 The Contractor shall make necessary repairs in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. 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 due the Contractor. 2.11 In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given one day to correct the work. Labor and materials for all re- work will be at no cost to the County. 2.12 EMPLOYEES OF THE CONTRACTOR: No one except authorized employees of the Contractor are allowed on the premises of Maricopa County and its buildings or complexes. 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 or authorized subcontractor. 2.13 REMOVAL OF CONTRACTOR'S EMPLOYEES: The Contractor agrees to 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, employees who endanger persons or property or whose continued employment under this contract is inconsistent with the best interest of Maricopa County. 2.14 Any damage to light fixture sockets, diffusers, diffuser frames, or any other component of fixtures, caused by careless lamp installation procedures by Contractor's staff, shall become the Contractor's responsibility to correct damage to the County's satisfaction. FMD technical staff shall inspect suspected damage fixture and if determined that damage was incurred by the Contractor, Contractor shall be notified and given four (4) hours to correct problem. All labor and component parts shall be a no additional cost to the County. The Facilities Management Department reserves the right to make repairs to a damaged fixture, and the cost shall be deducted from any monies due the Contractor. 2.15 In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the County and be given one day to correct the work. Labor for all re-work will be at no cost to the County. 2.16 REQUIREMENTS FOR AWARD: 2.16.1 The Contractor must be in business a minimum five (5) consecutive years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. Proof of these requirements must accompany bid package. 2.16.2 The Contractor's service truck fleet shall carry sufficient supply of test equipment, tools, materials, etc., needed to perform the technical requirements herein. Proof of such must accompany bid package. Additionally, these requirements shall be verified by FMD via a formal inspection after bid submittals and prior to bid award. SERIAL 171091-S 2.16.3 Contractor shall be licensed by the State of Arizona, Registrar of Contractors, and have an electrical services license classification K11 or L11. Copies of licenses must accompany bid package. 3.0 PURCHASING REQUIREMENTS: 3.1 ACCEPTANCE: Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to fmal acceptance. 3.2 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The founat of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.3 BACKGROUND CHECK: Bidders/proposers need to be aware that there may be multiple background checks (Sheriffs Office, County Attorneys 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, sub-contractors and employees and the failure to pass these checks shall deem the respondent non-responsible. 3.4 INVOICES AND PAYMENTS: 3.4.1 Invoices are required to contain the following information: Company name, address and contact County bill-to name and contact information Building Name and Building Number Contract Serial Number or County purchase order number Maximo (FMD) service call number Invoice number and date Date of service or delivery Description of Purchase (services perfouned) Pricing per unit of purchase Extended price Arrival and completion time Total Amount Due Payment Terms 3.4.2 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.4.3 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.4.4 Payment shall 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 Foim located on the County Deparnnent of Finance Vendor Registration Web Site (http://www.maricopa.gov/FinanceNendors.aspx). 3.4.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is SERIAL 171091-S required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.5 APPLICABLE TAXES: 3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property perfoimed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor's invoices. 3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract_it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its 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 Worker's Compensation. 3.6 TAX: (SERVICES) No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price. 3.7 DELIVERY: It shall be the Contractor's responsibility to meet the proposed delivery requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.8 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.9 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. $AVE 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 $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of SAVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal. 3.10 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA's) County currently holds ICPA's with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the tei ins and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. SERIAL 171091-S 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. 4.2 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 four (4) additional years, (or at the County's sole discretion, extend the contract on a month to month basis for a maximum of six (6) 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 sixty (60) calendar days prior to the expiration of the original contract tem'. 4.3 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. /1.4 FUEL COST PRICE ADJUSTMENT: /1.4.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) provision aoes not anniv to mime usea motor on ). it applies to motor ru Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. /1.4.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost [LA 'unpacation or tins nrovisic anon Loarracta cost adjustment request. A request may be submitted only when the increased cost of Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, 41)_of and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. '1.4.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel eauals 10% a tne oase this Contract. The base fuel cost shall be established as the due date for submission of for any next Contractor request for adjustment). SERIAL 171091-S 4.1.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing adjustment request, with any fuel cost adjustment application. The fuel cost adjustment mut nv tne Lontractc a-BE Statistics, Producer Price Index for Gasoline WPU0571 and 11'2 Diesel Fuel WP057303 (http://data.b1s.gov/cgi bin/surveymost?wp). 4.1.6 The fuel surcharge shall be based on the current quarterly index of the West Coast the previous quarterly index period as reported on the Energy Information Administration (L-61 /1.1.7.1 The fuel cost component from Attachment A (vendor information) of the Bil-S-HIGeX-13eness approval of the change prior to any adjusted invoicing submitted for payment. 4.1.7.3 The surcharge shall be added as a separate line item to the invoice. 4.5 INDEMNIFICATION: 4.5.1 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, agents, 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. 4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, 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 there from, 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, any one 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. 4.5.3 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 paragraph. 4.5.4 The scope of this indemnification does not extend to the sole negligence of County. 4.6 INSURANCE: 4.6.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. 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 SERIAL 171091-S said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.6.2 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. 4.6.3 Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.6.4 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. 4.6.5 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. 4.6.6 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. 4.6.7 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. 4.6.8 Commercial General Liability: Commercial General Liability 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 for liability arising from explosion, collapse, or underground property damage. 4.6.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 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. 4.6.10 Workers' Compensation: 4.6.10.1 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. SERIAL 171091-S 4.6.10.2 Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its subcontractors pursuant to this Contract. 4.6.11 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 fmal 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, 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, 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 Machinery insurance policy or the Builders' Risk Insurance policy. 4.6.12 Certificates of Insurance: 4.6.12.1 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. 4.6.12.2 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. 4.6.12.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. SERIAL 171091-S 4.6.13 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 thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 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, emailed, hand delivered or sent by facsimile transmission to (320 West Lincoln Street, Phoenix, AZ 85003, Phone Number602/506-3967 /Fax Number 602/258-1573). 4.7 ORDERING AUTHORITY: Any request for purchase of product(s) shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.8 REQUIREMENTS CONTRACT: 4.8.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials contained in the Contract, they will be purchased from the Contractor awarded that item. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved. 4.8.2 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, shipment of product prior to issuance of Purchase Order, etc. 4.8.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy. 4.9 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 fmal payment under the contract. 4.10 STOP WORK ORDER: 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 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 SERIAL 171091-S 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 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either- 4.10.1 Cancel the stop-work order; or 4.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract. 4.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, 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. 4.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days in advance notice to the Contractor. 4.12 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, teiiiiinate this contract in whole or in part if the Contractor fails to: 4.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.12.2 Make progress, so as to endanger performance of this contract; or 4.12.3 Perform any of the other provisions of this contract. 4.12.4 The County's right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. 4.13 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. 4.14 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. 4.15 SUBCONTRACTING: 4.15.1 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 SERIAL 171091-S County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.15.2 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. 4.16 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. 4.17 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete materials 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 are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.18 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.18.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 4.18.2 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. 4.18.3 If at any time it is detell lined 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 deduction from current billings Submitted by the Contractor by 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. 4.19 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. 4.20 RIGHTS IN DATA: 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 infounation that is relevant to a Contract and to the performance thereunder. SERIAL 171091-S 4.21 RELATIONSHIPS: 4.21.1 In the perfoiiiiance 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. 4.21.2 The County reserves the right of final approval on proposed staff for all Task Orders. 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. 4.22 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 may be viewed and downloaded at the Governor of the State of Arizona's website http://azmemory.azlibrary.gov/cdmisingleitem/collection/execorders/id/680/rec/1 which 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. 4.23 ISRAEL BOYCOTT: By submitting this proposal, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq. 4.24 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: 4.24.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor 4.24.1.1 is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; 4.24.1.2 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 4.24.1.3 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4.24.1.4 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default. 4.24.2 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. SERIAL 171091-S 4.25 VERIFICATION REGARDING COMPLIANCE 'WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.25.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (NA 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. 1-9 fauns are available for download at USCIS.GOV . 4.25.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.25.1 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 fmd 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. 4.26 CONTRACTOR LICENSE REQUIREMENT: 4.26.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, 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 using agency of any and all changes concerning permits, insurance or licenses. 4.26.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. 4.27 INFLUENCE: As prescribed in MC1-1202 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 MCI -902. An attempt to influence includes, but is not limited to: 4.27.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, SERIAL 171091-S 4.27.2 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. 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. 4.28 PUBLIC RECORDS: Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the 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. 4.29 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 REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. SERIAL 171091-S EXHIBIT 4 FACILITIES MANAGEMENT REQUIREMENTS FACILITIES management operation requirement Exhibit 4: 1.0 HOURS OF SERVICE: 1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays. 1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday. 1.3 WEEKENDS are anytime Saturday or, Sunday. 1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment). 1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year. 1.6 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and respond to a call for services within thirty (30) minutes of receipt. 2.0 RESPONSE TIMES: 2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall respond on-site within four (4) hours of receipt of a service request. 2.2 If the request is designated by the County as an EMERGENCY, the contractor shall respond on- site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY. 3.0 TRIP CHARGE: Trip charges are permitted when time and material work is requested at the following sites only: 3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro) 3.2 County offices located in Gila Bend, AZ 3.3 County offices located in Buckeye, AZ 3.4 County offices located in Aguila, AZ 3.5 Only one trip charge may be charged per service call. 3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not authorized to incur nor will the County accepting billing for any labor charges. 4.0 CONTRACTOR REQUIREMENTS: 4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perfoun the Scope of Work presented. 4.2 The Contractor's service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perfoi in services per Scope of Work presented. SERIAL 171091-S 4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. 4.4 All employees of the Contractor shall wear a company uniform identified with the company name consisting of a minimum of one of the following: 4.4.1 Shirt/blouse 4.4.2 Vest 4.4.3 Cap 4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. 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. 4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed. 4.7 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. 5.0 BUILDING SECURITY (KEYS): 5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD. Keys may be acquired by: 5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re-key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor. 5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD. 5.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor's control. 5.5 Once the Purchase Order is complete, expired, or teii Anated the Contractor shall immediately return all badges and keys to FMD. 6.0 SALVAGE: Salvage 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. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written peimission from Maricopa County. If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor's salvaged materials will be permitted. SERIAL 171091-S 7.0 INVOICES AND PAYMENTS: Invoices are required to contain the following information and should be e-mailed to FMD-ACCOUNTSPAYABLE@MAIL.MARICOPA.GOV If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003. 7.1 Company name, address and contact information 7.2 County bill-to name and contact/requestor information 7.3 Building Name and Building Number 7.4 Contract Serial Number or 7.5 County purchase order number 7.6 Maximo (FMD) service call number 7.7 Invoice number and date 7.8 Date of service or delivery 7.9 Description of Purchase (services performed) 7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials) 7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials) 7.12 Arrival and completion time 7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied 7.14 Payment Terms For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor's own expense. 8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK: A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD.