Bid No. Z B2 Addendum No. 3 Page 1 of 4

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1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Elevator-Escalator Maintenance and Repair for Terminal One ADDENDUM NO. 3 DATE OF ADDENDUM: 3/16/12 Bid No. Z B2 Addendum No. 3 Page 1 of 4 ATTENTION ALL POTENTIAL BIDDERS: MUST ADDENDUM. READ CAREFULLY AND FOLLOW ALL INSTRUCTIONS. Information included in this Addendum will have a material impact on the submittal for this solicitation. All MUST addenda and/or revised Bid Sheets are considered a matter of responsiveness. MUST addenda must be returned with your Bid submittal. All revised Bid Sheets must be returned with your Bid submittal Failure of a Submitter to or acknowledge the addenda and/or return the revised Bid Sheets shall be cause for rejection of the bid. Return Addendum with BID Submittal or Acknowledge on the Bid Sheet Return Completed Revised Price Sheet with BID Submittal Other: TO ALL PROSPECTIVE BIDDERS, PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS: Words in strikethrough type are deletions from existing text. Words in bold underlined type are additions to existing text. 1. The Bid Opening Date has been revised as follows: Wednesday, March 28, 2012 at 2:00 p.m. Location remains the same. 2. The Bid Sheets have been revised and are attached. These bid sheets MUST be completed and returned with your Bid submittal. 3. The Aviation Department will no longer be accepting Request for Information after close of business on Tuesday, March 20, REQUEST FOR INFORMATION: Question: What is the other terminals expected bid date. Answer: The current contract (E08AVF05M) for the other terminals expires on August 6, 2013 and the re-bid will be posted around January Question: Will ThyssenKrupp have the opportunity to make a presentation to a panel as we were allowed in the Broward County Government Elevator/Escalator bid? Answer: This solicitation is an Invitation for Bid (IFB) this type of solicitation (seal bid) does not provide for presentation. Award is based on the single lowest responsive, responsible bidder. Addendum Form 3 02/23/2012

2 Bid No. Z B2 Addendum No. 3 Page 2 of 4 REQUEST FOR INFORMATION (Continue): Question: Is the bid subject to a board decision similar to the Broward County Government bid or is simply a low price with qualifications wins. Asnwer: In accordance with the Broward County Procurement Code Section a.4, All awards over $250,000 per annum shall be awarded by the Board of County Commissioners, except as otherwise provided herein. All awards under $250,000 or less per annum and for a current known requirement of $250,000 or less shall be made by the Director of Purchasing. The current known requirements shall be used to establish the award authority, and if actual usage is different, the award authority shall be adjusted at the next opportunity for rebidding. Any contract, exceeding $400,000 on a multi-year basis with the same vendor, is to be awarded by the Board of County Commissioners All other terms, conditions and specifications remain unchanged for this bid. NAME OF COMPANY: Addendum Form 3 02/23/2012

3 Bid No. Z B2 Addendum No. 3 Page 3 of 4 REVISED BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA In accordance with the General Conditions, Special Instructions to Bidders, Specifications and Requirements, the undersigned bidder offers the following: Group I (Items 1 thru 26) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Hydraulic Elevator, # 15, #58851 $ /MO $ Mo. Kone Hydraulic Elevator, #16, #58853 $ /MO $ Mo. Kone Elevator, #17, # $ /MO $ Mo. Kone Elevator, #18, # $ /MO $ Mo. Kone Hydraulic Elevator, #19, #58852 $ /MO $ Mo. Kone Elevator, #20, # $ /MO $ Mo. Kone Hydraulic Elevator, #21, #58856 $ /MO $ Mo. Kone Hydraulic Elevator, #22, #58855 $ /MO $ Mo. Kone Hydraulic Elevator, # , Fire House $ /MO $ Mo. Kone Elevator, #31, # , Concourse B $ /MO $ Mo. Kone Escalator, #24, #58854 $ /MO $ Mo. Kone Escalator, # 25, #58843 $ /MO $ Mo. Kone Escalator, # 26, #58844 $ /MO $ Mo. Kone Escalator, #27, #58845 $ /MO $ Mo. Kone Escalator, #28, # $ /MO $ Mo. Kone Escalator, #29, # $ /MO $ Mo. Kone Escalator, #30, # $ /MO $ Mo. Kone Escalator, #31, # $ /MO $ NAME OF COMPANY: Addendum Form 3 02/23/2012

4 Bid No. Z B2 Addendum No. 3 Page 4 of 4 REVISED BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Moving Sidewalk, #1, #58846 $ /MO $ Mo. Kone Moving Sidewalk, #2, #58847 $ /MO $ Hrs. Labor Charge for Mechanic for Service $ /HR $ Outside of the Contract Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Helper for Service $ /HR $ Outside of the Contract, Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Mechanic for Service $ /HR $ Outside of the Contract, All Other Hours and Holidays Hrs. Labor Charge for Helper for Service $ /HR $ Outside of the Contract, All Other Hours and Holidays Lot Estimated Value for Parts not furnished Under Attachment A, Specifications for the Initial 24 Months will be on a Parts on a Pass Thru, Attachment A Section 25. $3, TOTAL GROUP 1 (ITEMS 1 THRU 26) $ GRAND TOTAL FOR INITITAL TWO-YEAR PERIOD, (ITEMS 1 THRU 26) $ NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. Addendum Form 3 02/23/2012

5 Bid No. Z B2 Addendum No. 2 Page 1 of 3 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Elevator-Escalator Maintenance and Repair for Terminal One ADDENDUM NO. 2 DATE OF ADDENDUM: 3/14/12 ATTENTION ALL POTENTIAL BIDDERS: MUST ADDENDUM. READ CAREFULLY AND FOLLOW ALL INSTRUCTIONS. Information included in this Addendum will have a material impact on the submittal for this solicitation. All MUST addenda and/or revised Bid Sheets are considered a matter of responsiveness. MUST addenda must be returned with your Bid submittal. All revised Bid Sheets must be returned with your Bid submittal Failure of a Submitter to or acknowledge the addenda and/or return the revised Bid Sheets shall be cause for rejection of the bid. Return Addendum with BID Submittal or Acknowledge on the Bid Sheet Return Completed Revised Price Sheet with BID Submittal Other: TO ALL PROSPECTIVE BIDDERS, PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS: Words in strikethrough type are deletions from existing text. Words in bold underlined type are additions to existing text. 1. The Bid Opening Date remains as Wednesday, March 21, 2012 at 2:00 p.m 2. The Bid Sheets have been revised and are attached. These bid sheets MUST be completed and returned with your Bid submittal. 3. Attachment A, Section 3, Pre-Maintenance Site Inspections on page 30 of 83 is deleted in its entirety. 4. Attachment A-3 Bidder Questionnaire Form Pre-Maintenance Charge Worksheet on page 67 of of 83 is deleted in its entirety. Request for Information: Question: On the Bid Bond the total is for all Group 1 (Items 1 thru 26) you have for 12 Months? The Contract is for 24 Months Which total am I using for Bid Bond amount? Answer: Please see attached Revised Bid Sheets, Bid Bond will be in the amount for the Initial Two-Year Period (24 Months) Grand Total. All other terms, conditions and specifications remain unchanged for this bid. NAME OF COMPANY: Addendum Form 3 02/23/2012

6 Bid No. Z B2 Addendum No. 1 Page 2 of 3 REVISED BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA In accordance with the General Conditions, Special Instructions to Bidders, Specifications and Requirements, the undersigned bidder offers the following: Group I (Items 1 thru 26) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Hydraulic Elevator, # 15, #58851 $ /MO $ Mo. Kone Hydraulic Elevator, #16, #58853 $ /MO $ Mo. Kone Elevator, #17, # $ /MO $ Mo. Kone Elevator, #18, # $ /MO $ Mo. Kone Hydraulic Elevator, #19, #58852 $ /MO $ Mo. Kone Elevator, #20, # $ /MO $ Mo. Kone Hydraulic Elevator, #21, #58856 $ /MO $ Mo. Kone Hydraulic Elevator, #22, #58855 $ /MO $ Mo. Kone Hydraulic Elevator, # , Fire House $ /MO $ Mo. Kone Elevator, #31, # , Concourse B $ /MO $ Mo. Kone Escalator, #24, #58854 $ /MO $ Mo. Kone Escalator, # 25, #58843 $ /MO $ Mo. Kone Escalator, # 26, #58844 $ /MO $ Mo. Kone Escalator, #27, #58845 $ /MO $ Mo. Kone Escalator, #28, # $ /MO $ Mo. Kone Escalator, #29, # $ /MO $ Mo. Kone Escalator, #30, # $ /MO $ Mo. Kone Escalator, #31, # $ /MO $ NAME OF COMPANY: Addendum Form 3 02/23/2012

7 Bid No. Z B2 Addendum No. 1 Page 3 of 3 REVISED BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Moving Sidewalk, #1, #58846 $ /MO $ Mo. Kone Moving Sidewalk, #2, #58847 $ /MO $ Hrs. Labor Charge for Mechanic for Service $ /MO $ Outside of the Contract Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Helper for Service $ /MO $ Outside of the Contract, Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Mechanic for Service $ /MO $ Outside of the Contract, All Other Hours and Holidays Hrs. Labor Charge for Helper for Service $ /MO $ Outside of the Contract, All Other Hours and Holidays Lot Estimated Value for Parts not furnished Under Attachment A, Specifications for the Initial 24 Months will be on a Parts on a Pass Thru, Attachment A Section 25. $3, TOTAL GROUP 1 (ITEMS 1 THRU 26) $ GRAND TOTAL FOR INITITAL TWO-YEAR PERIOD, (ITEMS 1 THRU 26) $ NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. Addendum Form 3 02/23/2012

8 Bid No. Z B2 Addendum No. 1 Page 1 of 1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ELEVATOR-ESCALATOR MAINTENANCE AND REPAIR AT TERMINAL ONE (NSM) ADDENDUM NO. 1 DATE OF ADDENDUM: 2/20/12 ATTENTION ALL POTENTIAL BIDDERS: MUST ADDENDUM. READ CAREFULLY AND FOLLOW ALL INSTRUCTIONS. Information included in this Addendum will have a material impact on the submittal for this solicitation. All MUST addenda and/or revised Bid Sheets are considered a matter of responsiveness and must be returned with your Bid, Request for Letter of Interest or Request for Proposal submittal. Failure of a Submitter to return these document(s) shall be cause for rejection of the bid. Return Addendum with BID/RFP/RLI Submittal Return Completed Revised Price Sheet with BID/RFP/RLI Submittal Other: TO ALL PROSPECTIVE BIDDERS, PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS: Words in strikethrough type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The Bid Opening Date has been revised as follows: Wednesday, March 21, 2012 at 2:00 p.m. Location remains the same. 2. A MANDATORY pre-bid conference and site visit will be held at the Aviation Department s Facilities Maintenance Division, 3545 SW 2 nd Avenue, Fort Lauderdale, Florida at 9:00 am, on Wednesday, February 22, Monday, February 27, 2012 Attendance at the pre-bid conference/site visit is mandatory. To attend site visit you must have a valid driver s license. All other terms, conditions and specifications remain unchanged for Bid No. Z B2 NAME OF COMPANY: Addendum Form 3 06/15/2011

9 SUBMIT BID TO: Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florida /66 BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA INVITATION FOR BID Bidder Acknowledgment GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGEMENT MUST BE SIGNED AND RETURNED WITH YOUR BID SEALED BIDS: This form must be executed and submitted with all bid sheets and should be in a sealed envelope. (PLEASE INCLUDE ONE ORIGINAL SIGNED BID DOCUMENT IN BLUE INK AND ONE PHOTOCOPY OF SIGNED BID DOCUMENT PER ENVELOPE). The face of the envelope should contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid may be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 1. EXECUTION OF BID: A. Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or printed in ink. The ink should be blue ink. All corrections made by bidder to their bid must also be initialed. The bidder's name should also appear on each page of the bid sheet if required. B. No award will be made to a bidder who is delinquent in payment of any taxes, fees, fines, contractual debts, judgments, or any other debts due and owed to the County, or is in default on any contractual or regulatory obligation to the County. By signing and submitting this bid, bidder attests that it is not delinquent in payment of any taxes, fees, fines, contractual debts, judgments or any other debts due and owed to the County, nor is it in default on any contractual or regulatory obligation to the County. In the event the bidder's statement is discovered to be false, bidder will be subject to debarment and the County may terminate any contract it has with bidder. C. Bidder certifies by signing the bid that no principals or corporate officers of the firm were principals or corporate officers in any other firm which may have been suspended or debarred from doing business with Broward County within the last three years, unless so noted in the bid documents. D. By signing this bid, bidder attests that any and all statements, oral, written or otherwise, made in support of this bid, are accurate, true and correct. Bidder acknowledges that inaccurate, untruthful, or incorrect statements made in support of this bid may be used by the County as a basis for rejection of this bid, rescission of the award, or termination of the contract. Bidder acknowledges that the termination of the contract because of a determination of an inaccurate, untruthful, or incorrect statement made in support of this bid may also serve as the basis for debarment of bidder pursuant to Section of the Broward County Administrative Code. 2. BID WITHDRAWAL: No Vendor may withdraw their bid before the expiration of one hundred and twenty (120) days from the date of the bid opening. Any bid submitted which alters the one hundred and twenty (120) day requirement shall be deemed non-responsive. BIDS WILL BE OPENED 2:00 p.m.march 21, 2012 and may not be withdrawn within 120 calendar days after such date and time. BID TITLE ELEVATOR-ESCALATOR MAINTENANCE AND REPAIR FOR TERMINAL ONE (NON-SHELTERED MARKET) PURCHASING AGENT NAME & TELEPHONE NUMBER Michal Durden (954) DELIVERY DATE SEE SPECIAL INSTRUCTION CASH DISCOUNT TERMS BID GUARANTY IS ATTACHED, WHEN REQUIRED, IN THE AMOUNT OF $ REASON FOR NO BID DUN & BRADSTREET NUMBER BIDDER NAME BIDDER MAILING ADDRESS/CITY/STATE/ZIP AREA CODE TELEPHONE NO. CONTACT PERSON FAX NO. *AUTHORIZED SIGNATURE (submit original in blue ink) PRINT NAME BIDDERS ADDRESS (Continued on Page 2) *I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same items/services, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Further by signature of this form, pages 1 through 6 are acknowledged and accepted as well as any special instruction sheet(s) if applicable. / / DATE TITLE

10 3. BID OPENING: Shall be public, on date, location and time specified on the bid form. The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder s responsibility to assure that their bid is delivered on date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened may be examined during normal working hours by appointment. Bid tabulations are available for inspection upon request. Bid results will be posted on the Broward County web site at: 4. ADDENDA TO BID: Broward County reserves the right to amend this Invitation For Bid prior to the Bid opening date indicated. Only written addenda will be binding. If, upon review, material errors in specifications are found, contact the Purchasing Division immediately, prior to Bid opening date, to allow for review and subsequent clarification on the part of Broward County. 5. PRICES, TERMS & PAYMENTS: Firm prices shall be bid and include all handling, set up, shipping and inside delivery charges to the destination shown herein unless otherwise indicated. (a) (b) (c) (d) (e) (f) (g) The Bidder: in submitting this bid certifies that the prices quoted herein are not higher than the prices at which the same commodity(ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever. F.O.B. as specified in Special Instructions to bidder. Tie Bids: The award on tie bids will be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. TAXES: Broward County is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption numbers appear on purchase order. The Contractor shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements. DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. MISTAKES: Bidders are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions and all other special conditions pertaining to the bid. Failure of the bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the County. ORDERING: The Board of County Commissioners reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the seller is unable to comply therewith, the Board of County Commissioners reserves the right to obtain such delivery from others without penalty or prejudice to the County or to the seller. 6. OPEN-END CONTRACT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, or, any combination of the preceding. No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise provided in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 7. CONTRACT PERIOD (OPEN-END CONTRACT): The initial contract period shall start with the expiration date of the previous contract or date of award, whichever is latest, and shall terminate one (1) year from that date. The contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. The Director of Purchasing may renew this contract for a second period subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. Notification of Intent to Renew will be mailed sixty (60) calendar days in advance of expiration date of this contract. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period unless subject to price adjustment specified as a "special condition" hereto. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Director of Purchasing. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the County. 8. FIXED CONTRACT QUANTITIES: Purchase order(s) for full quantities will be issued to successful bidder(s) after notification of award and receipt of all required documents. Fixed contract quantities up to twenty (20) percent of the originally specified quantities may be ordered prior to the expiration of one (1) year after the date of award, provided the Contractor agrees to furnish such quantities at the same prices, terms and conditions. 9. AWARDS: If a specific basis of award is not established in the special instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best interest of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodities/ services, group of commodities/services, all or none or any combination thereof. When a group is specified, all items within the group must be bid. A bidder desiring to bid No Charge on an item in a group must so indicate, otherwise the bid for the group will be construed as incomplete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid for the group shows evidence of unbalanced bid prices, such bid may be rejected. The Director of Purchasing, or the Board of County Commissioners, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. 10. PAYMENT: Payment for all goods and services shall be made in a timely manner and in accordance with Florida Statutes, Section , Florida Prompt Payment Act and the Broward County Prompt Payment Ordinance (No ) Page 2 of 6 Pages

11 as amended. All applications for Payment shall be submitted to Broward County Accounting Division. Payment will be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in contract and/or order. Invoices must bear the purchase order number. 11. DELIVERY: Delivery time shall be computed in calendar days from the issuance date of purchase order. Although, actual requested date or number of calendar days for delivery may be specified, state number of calendar days required to make delivery and installation after issuance of purchase order or request for services in space provided. Unless otherwise stipulated in the Contract, delivery shall be made between 9:00 a.m. and 4:00 p.m., Monday through Friday, except holidays, and at other time by special arrangements. However goods required for daily consumption, or where the delivery is an emergency, a replacement, or is overdue, the convenience of the Division shall govern. If, in calculating the number of calendar days from the order date, the delivery date falls on a Saturday, Sunday or holiday, delivery shall be made no later than next succeeding business day. Delivery time may be considered in determining award. 12. TERMINATION: (a) (b) (c) AVAILABILITY OF FUNDS: If the term of this contract extends beyond a single fiscal year of the County, the continuation of this Contract beyond the end of any fiscal year shall be subject to the availability of funds from the County in accordance with Chapter 129, Florida Statutes. The Broward County Board of County Commissioners shall be the final authority as to availability of funds and how such available funds are to be allotted and expended. In the event funds for this project/purchase are not made available or otherwise allocated Broward County may terminate this contract upon thirty (30) days prior written notice to the contractor. NON PERFORMANCE: The Contract may be terminated for cause by the Awarding Authority for the County or by Bidder if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. Cause for termination shall include, but not be limited to, failure to suitably perform the work, failure to suitably deliver goods in accordance with the specifications and instructions in this Bid, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of the County as set forth in this Bid, or multiple breach of the provisions of this Bid notwithstanding whether any such breach was previously waived or cured. TERMINATION FOR CONVENIENCE: The Awarding Authority may terminate the Contract for convenience upon no less than thirty (30) days written notice. In the event the Contract is terminated for convenience, Bidder shall be paid for any goods properly delivered and services properly performed to the date the Contract is terminated; however, upon being notified of County's election to terminate, Bidder shall cease any deliveries, shipment or carriage of goods, and refrain from performing further services or incurring additional expenses under the terms of the Contract. In no event will payment be made for lost or future profits. Bidder acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Bidder, is given as specific consideration to Bidder for the County's right to terminate this Contract. 13. CONDITIONS AND PACKAGING: Unless otherwise stated in the special instructions to bidders or the bid sheets, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standards production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable means of identifying vendor and purchase order number. 14. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F of the Florida Administrative Code delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet (MSDS) should also be submitted to the Broward County Risk Management Division, 115 South Andrews Avenue, Room 210, Fort Lauderdale, Florida The MSDS must include the following information. (a) (b) (c) (d) (e) (f) The chemical name and the common name of the toxic substance. The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. The emergency procedure for spills, fire, disposal, and first aid. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. MANUFACTURERS NAME AND APPROVED EQUIVALENTS: Manufacturer s names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level desired and are not intended to limit competition unless otherwise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer s name and catalog number. Bidder shall submit with the bid complete descriptive literature and/or specifications. The bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. Broward County Board of County Commissioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that the bidder will furnish goods identical to bid standard. Page 3 of 6 Pages

12 16. INTERPRETATIONS: Any questions concerning conditions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening. No interpretation(s) shall be considered binding unless provided to all Bidders in writing by the Director of Purchasing. 17. NON-CONFORMANCE TO CONTRACT CONDITIONS: The County may withhold acceptance of, or reject any items which are found, upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the Vendor at their expense and redelivered at their expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at their expense. Rejection for nonconformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 18. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County. 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in their letter the specific regulation which required an alteration. The Board of County Commissioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 20. LEGAL REQUIREMENTS: Applicable provisions of all Federal, State of Florida, County and local laws, and of all ordinances, rules and regulations including the Procurement Code of Broward County shall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and authorized representative, or any other person natural or otherwise in addition to any resultant agreement. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. 21. INDEMNIFICATION: BIDDER shall at all times hereafter indemnify, hold harmless and, defend COUNTY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of, BIDDER, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, BIDDER shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at COUNTY s option, pay for an attorney selected by County Attorney to defend COUNTY. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due BIDDER under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 22. NOTICE: Written notice provided pursuant to this Contract shall be sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the County designates: Director, Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL Bidder shall identify in the Bid a designated person and address to whom notice shall be sent when required by the Contract. 23. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: The Contract shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of the Contract and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the state of Florida. By entering into this Contract, Bidder and County hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Contract. 24. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless and defend the County, its officers, agents and employees from liability of any nature or kind, including but not limited to attorney's fees, costs and expenses for or on account of any copyrighted, patented or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the County. If the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. This provision shall survive the expiration or earlier termination of the contract. 25. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the performance required by this bid without the prior written consent of the Director of Purchasing. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Director of Purchasing. 26. QUALIFICATIONS OF BIDDER: Bids will be considered only from firms normally engaged in providing the types of commodities/services specified herein. The Director of Purchasing or the Board of County Commissioners, reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The Director of Purchasing or the Board of County Commissioners will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Director of Purchasing or the Board of County Commissioners reserves the right to Page 4 of 6 Pages

13 consider a bidder s history of citations and/or violations of Environmental regulations in determining responsibility. Bidder should submit with his proposal a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Bidder to submit such information may be grounds for termination of any contract awarded to successful Bidder. Bidder shall notify the County immediately of notice of any citations or violations which they may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to them. 27. EQUAL EMPLOYMENT OPPORTUNITY: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin, sexual orientation (including but not limited to Broward County Code, Chapter 16½), marital status, political affiliation, disability, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, age, color, sex or national origin, sexual orientation, marital status, political affiliation, disability, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The contractor selected to perform work on a County project must include the foregoing or similar language in its contracts with any subcontractors or sub consultants, except that any project assisted by U.S. Department of Transportation funds shall comply with the non-discrimination requirements in Title 49 C.F.R. Parts 23 and 26, as amended. The Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Failure to comply with above requirements is a material breach of the contract, and may result in the termination of this contract or such other remedy as the County deems appropriate. 28. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 29. RESOLUTION OF PROTESTED SOLICITATIONS AND PROPOSED AWARDS: In accordance with Sections and of the Broward County Procurement Code, if a vendor intends to protest a solicitation or proposed award of a contract the following apply: (a) (b) (c) Any protest concerning the bid or other solicitation specifications, or requirements must be made and received by the County within seven (7) business days from the posting of the solicitation or addendum on the Purchasing Division s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest bid specifications or requirements is a waiver of the ability to protest the specifications or requirements. Any protest concerning a solicitation or proposed award above the authority of the Director of Purchasing, after the bid opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation for award on the Purchasing Division s website. Any actual or prospective bidder or offeror who has a substantial interest in and is aggrieved in connection with (d) (e) proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division s website. For purposes of this section a business day is defined as Monday through Friday between 8:30am and 5:00pm. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor s right to protest. As a condition of initiating any bid protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee. The filing fee shall be based upon the estimated contract amount. For purposes of the protest, the estimated contract amount shall be the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the County s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier s check, payable to Broward County Board of Commissioners. The filing fees are as follows: Estimated Contract Amount Filing Fee $30,000 - $250,000 $ 500 $250,001 - $500,000 $1,000 $500,001 - $5 million $3,000 Over $5 million $5,000 The estimated contract amount shall be based upon the contract bid amount submitted by the protestor. If no contract bid amount was submitted, the estimated contract amount shall be the County s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier s check, payable to Broward County Board of County Commissioners. 30. PUBLIC ENTITY CRIMES ACT: Bidder represents that its response to this invitation for bid will not violate the Public Entity Crimes Act, Section , Florida Statutes, which essentially provides that a person or affiliate who is a contractor, consultant or other provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount provided in Section , Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Bidder represents that its response to this Invitation For Bid is not a violation of Section , Florida Statues, which essentially states that the County, as a public entity, cannot do business with an entity that is on the "discriminatory vendor list" i.e., has been found by a court to have discriminated as defined therein. Violation of this section shall result in cancellation of the County purchase and may result in debarment. 31. RECYCLED CONTENT INFORMATION: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is Page 5 of 6 Pages

14 particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. 32. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally bound party to any contractual agreement made between any other governmental unit and the bidder as a result of this bid. 33. PUBLIC RECORDS: Any material submitted in response to this Invitation For Bid will become a public document pursuant to Section , Florida Statutes. This includes material which the responding bidder might consider to be confidential or a trade secret. Any claim of confidentially is waived upon submission, effective after opening pursuant to Section , Florida Statutes. 34. AUDIT RIGHT AND RETENTION OF RECORDS: County shall have the right to audit the books, records, and accounts of contractor that are related to this project. Contractor shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries to the project. Contractor shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to this agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or (3) years, whichever is longer, the books, records and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by County to be applicable to contractor s records, contractor shall comply with all requirements thereof; however, no confidentiality or nondisclosure requirement of either federal or state law shall be violated by contractor. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County s disallowance and recovery of any payment upon such entry. within the County must have a current Broward County Local Business Tax Receipt (formerly known as an Occupational License Tax). All corporations and partnerships must have the authority to transact business in the State of Florida and be in good standing with the Florida Secretary of State. For further information, contact Broward County Records, Taxes and Treasury Division and the Florida Department of State, Division of Corporations. The County will review the vendor s business status based on the information provided in response to this solicitation. If the vendor is an out-of-state or foreign corporation or partnership, the vendor must obtain the authority to conduct business in the State of Florida. Corporations or partnerships that are not in good standing with the Florida Secretary of State at the time of a submission to this solicitation may be deemed nonresponsible. If successful in obtaining a contract award under this solicitation, the vendor must remain in good standing throughout the contractual period of performance. 37. SCRUTINIZED COMPANIES LIST Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal, or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form will only be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and must be submitted at the time of submitting a bid, proposal or response. Under the circumstances, the County estimated purchase amount is no greater than $1 million dollars, but bid, proposal, response or resulting contract is $1 million dollars or greater, the County will exercise the right to require firm to submit the certification form by the imposed deadline. In either case, failure to timely provide the certification shall deem the submittal nonresponsive. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Website at: OWNERSHIP OF DOCUMENTS: All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, specifications and reports prepared or provided by CONSULTANT in connection with this Agreement shall become the property of COUNTY, whether the Project for which they are made is completed or not, and shall be delivered by CONSULTANT to Contract Administrator within fifteen (15) days of the receipt of the written notice of termination. If applicable, COUNTY may withhold any payments then due to CONSULTANT until CONSULTANT complies with the provisions of this section. 36. STATE OF FLORIDA DIVISION OF CORPORATIONS REQUIREMENTS: It is the vendor s responsibility to comply with all state and local business requirements. All vendors located within Broward County and/or providing a service Page 6 of 6 Pages

15

16 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Bid Submittal Summary Sheet for Public Reading The purpose of this page is to facilitate the efficient and accurate reading of your bid submittal at the Bid Opening. Your cooperation is appreciated in completing the following information and ensuring that it is placed as the first page of your bid submittal. The information on this page does not take the place of the bid documents or the bid sheet. In the event that there is a discrepancy between the information on this page and the information in the bid sheet, the information on the bid sheet will prevail. Bid Number: Z B2 Bid Title: Elevator-Escalator Maintenance and Repair for Terminal One (NSM) Name of Company: Group 1 (Items 1 thru 26) Total Price: 12/15/2011 Page 1 of 83

17 DOCUMENT CHECKLIST: The following items may be required to determine Bid responsiveness. Please ensure that all applicable items are completed and submitted with your Bid. Failure to meet the applicable requirements may render your Bid non-responsive. Additional information for these items can be found throughout this Bid document. A. Bid/Addendum The Invitation for Bid must be signed in ink. If a MUST Addendum is required, it must be acknowledged on the Bid sheet or returned with your Bid. If a revised Bid sheet is required, it must be returned with the Addendum. B. Group Items If a Group is specified, you must bid all items within each Group and indicate No Charge for those items that are included at no additional charge. C. Domestic Partnership Certification Domestic Partnership Certification - Attachment H, page 80 D. Bid Bond/Guaranty You must attach an original Bid Bond executed by a surety company, or alternate form of acceptable security. E. Licensing Attach a copy of the specified contractor license(s) For items that require a licensed Contractor, your firm must possess a current State or County license, held by a qualifier registered with the State. If you hold a County license, and State registration is required, your license must be registered with the State. ADDITIONAL ITEMS: The following documents should be submitted with your bid, but no later than five (5) business days from request of the purchasing agent. A. Supplements/Attachments Copy of Broward County Local Business Tax Receipt (For Broward County Vendors) The Non-Collusion Statement The Vendor Questionnaire VENDOR S LIST (Non-Certified Sub-contractors/Suppliers) Drug Free Workplace Certification Attachment F, page 76 Living Wage Ordinance Compliance Affidavit (Exhibit 1) page 78 & Application for Exemption (Exhibit 2) page 79 - Attachment G Litigation History Form Attachment I, page 81 Scrutinized Companies Certification Form Attachment J, page 82 Certificate of Insurance, per sample attached - Attachment K, page 83 The Florida Department of State Certificate of Proof of application (see: sunbiz.org) * All original Bids must be received in the Purchasing Division no later than 2:00 p.m. on the opening date specified. Late Bids will not be accepted. Please allow additional time for traffic and parking. This Checklist is for informational purposes only, it is not necessary to return. 12/15/2011 Page 2 of 83

18 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA SPECIAL INSTRUCTIONS TO BIDDERS (IN ADDITION TO GENERAL CONDITIONS) Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) LIVING WAGE SERVICE CONTRACT YES NO SUBMISSION OF SEALED BIDS: The Invitation for Bid form must be executed and submitted with all bid sheets and should be in a sealed envelope. The original should be signed in blue ink. Both the original bid and one (1) photocopy of your bid should be included in a single envelope. The Bidder is responsible for retaining a copy of all submittals for their own records. The face of the envelope should contain the company name, address, date and time of bid opening, bid number and bid title. Bids not submitted on bid sheets may be rejected. Bidder should not submit bids on their own form or any other form other than Broward County Bid Sheet. All bids are subject to the conditions specified herein. Bids which do not comply with these conditions are subject to rejection. 1. SCOPE: Bids are hereby invited on an open-end basis to provide Elevator-Escalator Maintenance and Repair for Terminal One at the Fort Lauderdale-Hollywood International Airport for the Aviation Department. The initial contract period shall start on date of award, or June 15, 2012, whichever is later and shall terminate two (2) years from that date. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the contractor prior to the date of expiration. All prices, terms and conditions shall remain fixed for the initial period of the contract. In addition, all prices, terms and conditions shall remain fixed for the renewal period of the contract. All prices, terms and conditions shall remain fixed for the initial two (2) year period of the contract. Following the initial two (2) year period, price increases may be accepted by the Director of Purchasing in accordance with the procedure described in Section 25, Price Adjustment Clauses, of this document (See Page 11 of 84). There will be no allowable price escalations for fuel costs throughout any contract period(s), unless otherwise specified in this document. The Director of Purchasing may renew this contract for a three (3) one-year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid comparison purposes only. The Board of County Commissioners reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, issue instructions for use of Direct Purchase Orders by various County agencies, make random, open 12/15/2011 Page 3 of 83

19 market purchases for any or all of the item(s) on any open end contract or, any combination of the preceding. No delivery shall become due or be acceptable without a written order by the County, unless otherwise provided for in the contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the seller may be given telephone notice, to be confirmed by an order in writing. 2. SPECIFICATIONS AND REQUIREMENTS: Technical Specifications & Requirements, are attached hereto and made a part hereof as Attachment "A". NOTE: Whenever the Technical Specifications address a third party (i.e. manufacturer, applicator, subcontractors etc.) it is to be construed as the CONTRACTOR through the third party. 3. CONTINGENCY FEES: By submission of this offer, contractor certifies that no contingency fees (sometimes known as a finder s fee) has been paid to any person or organization other than a bona-fide employee working solely for the vendor to secure a contract made pursuant to this solicitation. Violation of this policy may result in termination of any resultant contract and/or possible debarment of the contractor. 4. FURTHER INFORMATION: Project Manager for this contract is Lori Vassello, Broward County Aviation Department s Facilities Maintenance Division Telephone (954) or his or her duly authorized representative. Project review and work schedules shall be coordinated with the Project Manager before any work is started. Bidders requiring additional information as to the technical provisions or desiring to view the site shall contact the Project Manager. Attendance at the pre-bid conference/site visit is mandatory. Please make arrangements to be represented or your bid will not be accepted. This information session presents an opportunity for the bidders to clarify any concerns regarding bid requirements. A pre-bid conference and site visit will be held at the Aviation Department s Facilities Maintenance Division, 3545 SW 2 nd Avenue, Fort Lauderdale, Florida at 9:00 am, on Wednesday, February 22, Attendance at the pre-bid conference/site visit is mandatory. To attend site visit you must have a valid driver s license. Bidders requiring information on this solicitation document should contact Michal Durden, Purchasing Agent at (954) No change(s) and no interpretation(s) shall be considered binding unless provided to all bidders in writing by the Director of the Purchasing Division. 5. SECURITY REQUIREMENTS: Airport Security Program and Aviation Regulations Contractor agrees to observe all security requirements and other requirements of the Federal Aviation Regulations applicable to Contractor, including without limitation, all regulations of the United States Department of Transportation, the Federal Aviation Administration and the Transportation Security Administration, and the Contractor agrees to comply with the County s Airport Security Program and the Air Operations area (AOA) Vehicle Access Program, and amendments thereto, and to comply with such other rules and regulations as may be reasonably prescribed by the County, and to take such steps as may be necessary or directed by the County to insure that subleases, employees, invitees and guests observe these requirements. If required by the Aviation Department, Contractor shall conduct background checks of its employees in accordance with applicable Federal Regulations. If as a result of 12/15/2011 Page 4 of 83

20 the acts or omissions of Contractor, its subleases, employees, invitees or guests, the County incurs any fines and/or penalties imposed by any governmental agency, including without limitation, the United States Department of Transportation, the Federal Aviation Administration or the Transportation Security Administration, or any expense in enforcing any federal regulations, including without limitation, airport security regulations, or the rules or regulations of the County, and/or any expense in enforcing the County s Airport Security Program, then Contractor agrees to pay and/or reimburse the County all such costs and expenses, including all costs of administrative proceedings, court costs, and attorneys fees and all costs incurred by County in enforcing this provision. Contractor further agrees to rectify any security deficiency or other deficiency as may be determined as such by the County or the United States Department of Transportation, Federal Aviation Administration, the Transportation Security Administration, or any other federal agency. In the event Contractor fails to remedy any such deficiency, the County may do so at the cost and expense of Contractor. The County reserves the right to take whatever action is necessary to rectify any security deficiency or other deficiency. (a) Operation of Vehicles on the AOA: Before the Contractor shall permit any employee of Contractor or any subcontractor to operate a motor vehicle of any kind or type on the AOA (and unless escorted by an Aviation Department approved escort), the Contractor shall ensure that all such vehicle operators possess current, valid, and appropriate Florida driver s licenses. In addition, any motor vehicles and equipment of Contractor or of any subcontractor operating on the AOA must have an appropriate vehicle identification permit issued by the Aviation Department, which identification must be displayed as required by the Aviation Department. (b) Consent to Search/Inspection: The Contractor agrees that its vehicles, cargo, goods and other personal property are subject to being inspected and searched when attempting to enter or leave and while on the AOA. The Contractor further agrees on behalf of itself and its subcontractor that it shall not authorize any employee or other person to enter the AOA unless and until such employee other person has executed a written consent-to-search/inspection form acceptable to the Aviation Department. Contractor acknowledges and understands that the forgoing requirements are for the protection of users of the Airport and are intended to reduce incidents of cargo tampering, aircraft sabotage, thefts and other unlawful activities at the Airport. For this reason, Contractor agrees that persons not executing such consent-to-search/inspection form shall not be employed by the Contractor or by any subcontractor at the Airport in any position requiring access to the AOA or allowed entry to the AOA by the Contractor or by any subcontractors. (c) The provisions hereof shall survive the expiration or any other termination of this Agreement. 6. INSURANCE REQUIREMENTS: (Sample insurance certificate attached) (Attachment K ) The following Insurance Requirements for Automobile Liability are not applicable where delivery will be made by a third party carrier. All vendors that will be making deliveries in their own vehicles are required to provide proof of insurance for Automobile Liability and other pertinent coverages as indicated below prior to award. If deliveries are being made by a third party carrier, other pertinent coverages listed on the certificate are still required. The Contractor should provide proper insurance, or a notarized letter of verification by the bidder s insurance provider which states the ability of the vendor in obtaining the required insurance, to the Purchasing Division within five (5) business days after request by the Purchasing Agent but, prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Final award shall be subject to receipt and acceptance by the County of proof of meeting all insurance requirements of the bid. The Insurance Requirements contained in this Bid represent the minimal protection necessary for the County as determined by the Risk Management Division. Further modifications of the requirements may be made at the sole discretion of the Risk Management Division upon a material change in scope at any time during the term of the contract or at time of contract renewal upon mutual agreement of the 12/15/2011 Page 5 of 83

21 parties. No award will be recommended until a written determination is made by Risk Management Division that the County is adequately protected. The low bidder should provide proper insurance, or a notarized letter of verification by the bidder s insurance provider which states the ability of the vendor in obtaining the required insurance, to the Purchasing Division within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Final award shall be subject to receipt and acceptance by the County of proof of meeting all insurance requirements of the bid. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by the COUNTY (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth in this Section. 6.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(ies) must include: Employers' Liability with minimum limits of One Hundred Thousand Dollars ($100,000) each accident. 6.2 Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) aggregate, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises-Operations Products/Completed Operations Hazard Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement Broad Form Property Damage Independent Contractors Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability COUNTY is to be expressly included as an "Additional Insured" in the name of "Broward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY by or on behalf of CONTRACTOR or acts or omissions of COUNTY in connection with general supervision of such operation Notice of Cancellation and/or Restriction -- The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. 6.3 Business Automobile Liability with minimum limits of Non-Airside: One Million Dollars ($1,000,000) per occurrence Airside: Five Million Dollars ($5,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must 12/15/2011 Page 6 of 83

22 be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Comprehensive Form Owned Vehicles Hired Vehicles Non-Owned Vehicles Any auto, if applicable Notice of Cancellation and/or Restriction -- The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restrictions. 6.4 The CONTRACTOR shall provide to the COUNTY Certificates of Insurance or endorsements evidencing the insurance coverage specified in 6.1, 6.2, 6.3, 6.4, 6.5 and 6.6 above within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. The required Certificates of Insurance shall state the types of policies PROVIDED, refer specifically to this contract, and state that such insurance is as required by this Contract. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished thirty (30) days prior to the date of their expiration. 6.5 Certificates of insurance shall be provided as specified in sub-section 6.7 above unless any of these coverages are, for just cause, inapplicable, and upon specific request by the vendor are excepted by written determination of Risk Management and approved by the Director of Purchasing. If an exception is requested, the bidder should indicate in the appropriate area on the bid sheet any such request including reason(s) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 7. INDEMNIFICATION: BIDDER shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of BIDDER and persons employed or utilized by BIDDER in the performance of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due BIDDER under this Agreement may be retained by COUNTY until all of COUNTY s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 8. DATE STANDARDS: CONTRACTOR warrants that each item of software that it delivers, develops, modifies, or recommends to COUNTY for use under this Contract shall be able to accurately store and process date/time data in four (4) digit year fields (including, but not limited to, calculating, comparing, interfacing and sequencing) from, into, and between the nineteenth through the twenty-second centuries, and leap year calculations. The duration of this warranty and the remedies available to COUNTY for breach of this warranty shall be as defined in, and subject to, the terms and limitations of CONTRACTOR s warranties contained in this Contract; provided that notwithstanding any provision to the contrary in any such 12/15/2011 Page 7 of 83

23 warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to COUNTY under this warranty shall include repair or replacement, at no cost to COUNTY of any of the products whose noncompliance is discovered and made known to CONTRACTOR in writing, within three (3) year(s) after acceptance of the deliverables by COUNTY. Nothing in this warranty shall be construed to limit any rights or remedies COUNTY may otherwise have under this Contract. 9. PUBLIC BID DISCLOSURE ACT: Pursuant to the Public Bid Disclosure Act, all permits and fees including but not limited to all licenses, occupational license (or Local Business Tax Receipt), certificate of occupancy (CO), permits, impact fees or inspection fees payable BY CONTRACTOR TO THE COUNTY BY VIRTUE OF THIS WORK/PROJECT, and disclosed in this request for bids and the amount or percentage method of all such licenses, permits and fees required by Broward County are listed below. EACH LICENSE, PERMIT OR FEE A CONTRACTOR WILL HAVE TO PAY THE COUNTY BEFORE OR DURING CONSTRUCTION OR THE PERCENTAGE METHOD OR UNIT METHOD OF ALL LICENSES, PERMITS AND FEES REQUIRED BY THE COUNTY AND PAYABLE TO THE COUNTY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE CONTRACT IS STATED BELOW: Broward County Aviation Department will pay for Broward County Permits. Licenses, permits and fees which may be required by The State of Florida, State Agencies or by other local governmental entities are not included in the above list. 10. LICENSING REQUIREMENTS: In order to be considered a responsible and responsive bidder for the scope of work set forth in these bid documents, the bidder shall possess one of the following licenses (including any specified State registration, if applicable) at the time of bid submittal. Proof of licensing should be furnished within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Any certificate of competency that meets or exceeds those specified or can legally perform the scope of work specified will be considered responsible and responsive to the bid. STATE: CERTIFIED ELEVATOR CONTRACTOR; OR COUNTY: ELEVATOR INSTALLATION AND MAINTENANCE CATEGORY CLASS E (Must be registered with the State) Any work performed not within the scope of the above contract must be performed by a licensed contractor. 11. LOCAL BUSINESS TAX RECEIPT REQUIREMENTS: All vendors maintaining a business address within Broward County must have and provide a copy of a current Broward County Local Business Tax Receipt prior to contract award. The Contractor should provide a copy of its Local Business Tax Receipt within five (5) business days after request by the Purchasing Agent but prior to award by the Director of Purchasing or recommendation of award to the Board of County Commissioners, whichever is applicable. Failure to do so may result in your bid being deemed non-responsive. Local Business Tax Receipts will be required pursuant to Chapter , Florida Statutes. For further information on obtaining or renewing your firm s Local Business Tax Receipt, contact the Records, Taxes and Treasury Division at (954) /15/2011 Page 8 of 83

24 12. BID GUARANTY: All bids shall be accompanied by an original Bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 14. The Bid bond must be an original, no photocopies will be accepted. In lieu of the Bid bond, the following will be acceptable: cash, money order, certified check, cashier's check, original irrevocable letter of credit, (Attachment "B") treasurer's check or bank draft of any national or state bank (United States), in an amount equal to 5 percent of the total bid price, payable to the Board of County Commissioners and conditioned upon the successful Bidder executing the Contract and providing the Performance and Payment Guaranty and evidence of insurance within 15 calendar days after notification of award of the Contract. A personal check or a company check of a Bidder shall not be deemed a valid bid guaranty. Guaranty of the successful Bidder shall be forfeited to the Board of County Commissioners not as a penalty, but as liquidated damages for the cost and expense incurred should said Bidder fail to provide the required Performance and Payment Guaranty or Certificate of Insurance or fail to comply with any other requirements set forth herein. Bid Guaranties of the unsuccessful Bidders will be returned after award of Contract. 13. PERFORMANCE AND PAYMENT GUARANTY: The Performance and Payment Guaranty will be required within approximately 15 calendar days after award and prior to issuance of the Purchase Order and Notice to Proceed. Performance and Payment Bond (Surety) 13.1 A Performance and Payment Bond of the form and containing all the provisions of the Performance and Payment Bond attached hereto. (Attachment C") 13.2 The Bond(s) shall be in the amount of one hundred percent (100%) of the Contract amount guaranteeing to County the completion and performance of the work covered in such Contract as well as full payment of all suppliers, material men, laborers, or subcontractors employed pursuant to this project. Such Bond(s) shall be with a surety company which is qualified pursuant to Section 14, Qualification of Surety Such Bond(s) shall continue in effect for one year after completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be conditioned that the CONTRACTOR will upon notification by the COUNTY, correct any defective or faulty work or materials which appear within one year after completion of the Contract Pursuant to the requirements of Section (1) (a), Florida Statutes, CONTRACTOR shall ensure that the bond or bonds referenced above shall be recorded in the public records of Broward County. Performance and Payment Guaranty 13.5 In lieu of the Performance and Payment Bond, CONTRACTOR may furnish an alternate form of security which may be in the form of cash, money order, certified check, cashier's check or irrevocable letter of credit (Attachment D ). Such alternate forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable above and shall be held by the COUNTY for one year after completion and acceptance of the work. 14. QUALIFICATIONS OF SURETY: 14.1 A Bid Bond and Performance and Payment Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five years In addition to the above-minimum qualifications, the surety company must meet at least one of 12/15/2011 Page 9 of 83

25 the following additional qualifications: The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section Section ). Further, the surety company shall provide the County with evidence satisfactory to the County, that such excess risk has been protected in an acceptable manner The County will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County, only if the bid amount does not increase The surety company shall have at least the following minimum ratings: Amount of Bond Policyholder's Ratings Financial Size Category 500,001 to 1,000,000 A Class I 1,000,001 to 2,000,000 A Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 to or more A Class VII For projects which do not exceed $500, the County shall accept a Bid Bond and Performance and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid Certificate of Authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code. (Attachment "E") The County will accept a surety bond from a company with a rating of B+ or better; provided, however, that if the surety company appears on the 'Watch List' that is published quarterly by 'Focus of the Office of the Florida Insurance Commissioner, the County shall review and either accept or reject the surety company based on the financial information available to the County. A surety company that is rejected by the County may be substituted by the bidder or proposer with a surety company acceptable to the County only if the bid amount does not increase. 12/15/2011 Page 10 of 83

26 15. PRICE ADJUSTMENT CLAUSES: Upon each renewal, the Contractor may make application for consideration addressed to the Director of Purchasing for price adjustment(s) to the contract for the years three (3) through five (5). The price adjustment is limited to a maximum change of plus or minus three percent (3%) PRICE ESCALATION: The percentage change requested in price increases shall be the lesser of the percentage change in the Total Consumer Price Index (CPI); U.S. Bureau of Labor Statistics all urban consumers; U.S. City Average; that occurred between the newest CPI Index publication available at time of request and the preceding six (6) month period or percentage change in the most current wage rates for the International Union of Elevators Constructors (IUEC), Local No. 71 Miami, Florida, but no more that the percentage change that unrepresented Broward County Employees compensation is revised. Vendor may used either the 1967 CPI Index or the CPI Indexes. However, the same index must be used to determine the percent PRICE DE-ESCALATION: If during the period described above, the total CPI or IUEC wage rates decreases, the Contractor is required to extend to the County a price decrease equal in percentage to higher percentage decrease of CPI or IUEC. If the Contractor does not notify the Division, the Director of Purchasing may request a reduction in price from the Contractor. If the Contractor does not agree to the decrease, the Director of Purchasing must be notified no later than thirty (30) days prior to the effective date of the proposed change. If the vendor fails to notify the Director of Purchasing of the non-acceptance within the time frame, it shall be construed to mean the vendor concurs with the change and the new prices will take effect. In the event of nonacceptance by the Contractor of such revision, the vendor will be deemed terminated as of the close of business day prior to the proposed effective date of change. Written notification will be sent to the Contractor by the Director of Purchasing of the decision to accept or not accept the price increase. In the event of non-acceptance of such revision, the Contractor will be deemed terminated as of the close of business the day prior to the effective date of change as stated in the Contractor s submission. In the event of a price increase the new prices will apply only to the orders placed after acceptance by the County. Any orders [placed prior to the effective date will not be affected and will be invoiced at the prices in effect at the time the order was placed. The Contractor will complete delivery and the County will receive delivery on any orders mailed to the Contractor prior to the termination date even if no increase is granted by the Director of Purchasing. Failure to complete delivery could cause the Contractor to be debarred from doing business with the County according to the Broward County Procurement Code Section 21:119, Authority to Debar or Suspend. 16. PERMITS AND FEES: (For agencies other than Broward County Commissioners) The CONTRACTOR shall procure and pay for all permits and licenses, charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. The cost of all permits, fees, etc., shall be included in price bid except where noted in the specifications and requirements. 17. SUBCONTRACTING: The CONTRACTOR shall submit a listing of all non-certified subcontractors, if any, and the portion of the Project they will perform (VENDORS LIST) within five (5) days of request by County and prior to award. This list shall be kept up-to-date for the duration of the project and shall include major material suppliers to the Prime that provide construction material for construction contracts or commodities for service contracts in excess of $50,000 to the CONTRACTOR. If subcontractors are stated, this does not relieve the CONTRACTOR from the prime responsibility of full and complete satisfactory and acceptable performance under any awarded contract. 12/15/2011 Page 11 of 83

27 18. CODE REQUIREMENTS: The CONTRACTOR and his or her subcontractors on this project must be familiar with all applicable Federal, State, County, City and Local Laws, Regulations or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. CONTRACTOR shall ask for and receive any required inspections. 19. CONTRACTOR RESPONSIBILITIES: 19.1 The CONTRACTOR will be responsible for the provision, installation and performance of all equipment, materials, services, etc. offered in his or her Bid. The CONTRACTOR is in no way relieved of the responsibility for the performance of all equipment furnished, or of assuring the timely delivery of materials, equipment, etc. even though it is not of his or her own manufacture CONTRACTOR shall perform the Work with its own organization, amounting to not less than 100 percent of the Contract Price The Contract Administrator will document the contractor s performance by completing a Vendor Performance Evaluation Form. A blank Performance Evaluation Form may be viewed at: and will be completed by the Contract Administrator based upon the following factors: i. For any fixed construction or services contract valued at $50,000 or more upon completion of the contract. ii. For any hardware or software implementation contracts valued at $20,000 or more as part of the final acceptance. iii. For any fixed commodities contract valued at $250,000 or more upon complete delivery of the commodities. iv. For Master (open-end) Agreements and other continuing contracts by each using agency whose cumulative annual usage of the agreement exceeds $50,000, prior to any renewal, termination and upon the agreement expiration. v. For Work Authorizations valued at $30,000 or more, issued under a Library of Professional Consultant Services, a Library of Environmental Consultant Services, or other two-party agreement, upon project completion. vi. For contracts where the Office of Economic and Small Business Development (OESBD) has established goals, based on compliance with established goals and requirements. vii. The Contract Administrator may also initiate an interim evaluation at any time during the term for any contract. 20. DRUG-FREE WORKPLACE CERTIFICATION: Broward County Procurement Code Chapter a. requires awards of competitive sealed bids and sealed proposals requiring Board Award be made only to firms certifying the establishment of a drug free workplace. The Drug Free Workplace Certification (Attachment "F") should be furnished within five (5) business days after request by the Purchasing Agent but prior to recommendation of award to the Board of County Commissioners. Failure to provide this certification will render your office unqualified and ineligible for award. 21. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 12/15/2011 Page 12 of 83

28 CONTRACTOR decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16 1/2) in performing any services pursuant to this Agreement. 22. LIVING WAGE ORDINANCE: (Vendor Questionnaire - Item No. 12 applies) Bidders are advised that the provisions of the Broward County Ordinance , as amended ( Living Wage Ordinance ) will apply to this contract, if the open-end contract award value exceeds $100,000 per year or the individual project value exceeds $100,000 under a fixed term contract. In accordance with the Living Wage Ordinance, the bidder agrees to pay the minimum hourly wage rates to employees covered by the Living Wage Ordinance, as adjusted. There will be no increase in contract prices paid by Broward County to the Bidder due to any increase in wages required to be paid to employees covered by the Living Wage Ordinance. Explanation of Living Wage contract requirements is included in Attachment G. The Living Wage Ordinance Compliance Affidavit, Exhibit 1, included in Attachment G, should be furnished within five (5) business days after request by the Purchasing Agent but must be submitted prior to award by the Director of Purchasing or recommendation for award to the Board of County Commissioners. 23. CONE OF SILENCE ORDINANCE: 23.1 The County s Cone of Silence Ordinance prohibits certain communications among vendors, county staff, selection committee members, Commissioners and their staff. Any violations of this ordinance by any members of the responding firm or its joint venture(s) may be reported to the County s Office of Professional Standards. For Invitations for Bids the Cone of Silence shall be in effect for staff involved in the award decision process at the time of the solicitation advertisement. The Cone of Silence shall be in effect for the Board of County Commissioners upon bid opening for the solicitation. Pursuant to Section 1-266, Broward County Code of Ordinances, as amended, the Cone of Silence Ordinance provides that after the advertisement of the bid solicitation, potential vendors and their representatives are substantially restricted from communicating regarding the Bid with the County Administrator, Deputy County Administrator, Assistant County Administrator, Assistants to the County Administrator, their respective support staff, or any or any staff person that is to evaluate or recommend selection in this bid process. The Cone of Silence Ordinance further provides that after the bid opening for this solicitation, potential vendors and their representatives are substantially restricted from communicating regarding this Bid with the County Commissioners and their staff This County s Ordinance prohibits certain communications among vendors, county staff, and selection committee members. Any violations of this ordinance by any members of the responding firm or its joint venturers may be reported to the County s Office of Professional Standards The Cone of Silence terminates when the County Commission or other awarding authorit y takes action which ends the solicitation. 24. DOMESTIC PARTNERSHIP ORDINANCE: (Attachment "H") Domestic Partnership Act Ordinance No Effective November 15, 2011, the Domestic Partnership Act Ordinance No has been amended to require all Contractors contracting with Broward County in an amount of $100,000 or more, provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses, with certain exemptions as provided by the Ordinance. See attachment titled Domestic Partnership Certification which MUST be completed and submitted at the time of bid submittal for vendor to be deemed responsive. 12/15/2011 Page 13 of 83

29 25. PREFERENCES: 25.1 LOCAL PREFERENCE: In accordance with Broward County Ordinance No , the Broward County Board of County Commissioners provides a local preference. This preference includes any county with which the Broward County Board of County Commissioners has entered into an inter-local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, an apparent low bidder outside the preference area and a local bidder whose submittal is within 10% of the apparent low bid will be given the opportunity to submit a best and final offer. Award will then be to the low responsive, responsible bid. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 26. BATTERY DISPOSAL: In accordance with Florida 1993 Solid Waste Act, the manufacturers of heavy metal batteries or the manufacturers of products powered by such batteries are solely responsible for the reclamation and disposal of such used batteries as purchased by the County. The County shall not be held liable for any cost associated with the reclamation and disposal of such batteries. 27. CONTRACTOR PERFORMANCE REVIEW: Bidder/CONTRACTOR: An interim performance evaluation of the successful Bidder/CONTRACTOR may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the COUNTY Director of Purchasing who shall provide a copy to the successful Bidder/CONTRACTOR. Said evaluation(s) may be used by the COUNTY as a factor in considering the responsibility of the successful Bidder/CONTRACTOR for future bids with the COUNTY. 28. SPECIAL NOTICE: In accordance with OSHA Regulation 29 CFR (k) (2), bidders are notified of the presence of asbestos containing material and/or presumed asbestos containing material at some Broward County location. 29. DUN & BRADSTREET REPORT REQUIREMENT The submittal of a Dun & Bradstreet Report(s) (D&B Report) may be necessary for this bid as a condition for award. If required, the Contractor should have the D&B Report submitted to the County within ten (10) days of the County s request. The Contract Administrator for this project will determine the need for and the type of D&B Report as soon as possible after bid opening. If implemented, the cost for the D&B Report will be paid for by the County as a pass-thru cost (no mark up will be allowed and invoice verification of cost will be required). For any further information you require, please contact Dun & Bradstreet at: Phone Number: (800) Fax Number: (610) NOTE: The County may elect to utilize a report submitted by the bidder if issued within the previous six (6) months. 12/15/2011 Page 14 of 83

30 30. E VERIFY PROGRAM CERTIFICATION (applicable only for state funded contracts) Not applicable for this solicitation. 31. NON-COLLUSION STATEMENT: By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to the best of his or her knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if he or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any business entity, or if he or she otherwise stands to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any relationship by leaving the above section blank, the County will take this to mean the vendor means no such relationships exist. NAME OF COMPANY: 32. SCRUTINIZED COMPANIES LIST Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a bid, proposal, or response to a solicitation must certify to the County that it is not on either list at the time of submitting a bid, proposal or response. The certification form will only be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and must be submitted at the time of submitting a bid, proposal or response. Under the circumstances, the County estimated purchase amount is no greater than $1 million dollars, but bid, proposal, response or resulting contract is $1 million dollars or greater, the County will exercise the right to require firm to submit the certification form by the imposed deadline. In either case, failure to timely provide the certification shall deem the submittal non-responsive. 12/15/2011 Page 15 of 83

31 BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA In accordance with the General Conditions, Special Instructions to Bidders, Specifications and Requirements, the undersigned bidder offers the following: Group I (Items 1 thru 26) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Hydraulic Elevator, # 15, #58851 $ /MO $ Mo. Kone Hydraulic Elevator, #16, #58853 $ /MO $ Mo. Kone Elevator, #17, # $ /MO $ Mo. Kone Elevator, #18, # $ /MO $ Mo. Kone Hydraulic Elevator, #19, #58852 $ /MO $ Mo. Kone Elevator, #20, # $ /MO $ Mo. Kone Hydraulic Elevator, #21, #58856 $ /MO $ Mo. Kone Hydraulic Elevator, #22, #58855 $ /MO $ Mo. Kone Hydraulic Elevator, # , Fire House $ /MO $ Mo. Kone Elevator, #31, # , Concourse B $ /MO $ Mo. Kone Escalator, #24, #58854 $ /MO $ Mo. Kone Escalator, # 25, #58843 $ /MO $ Mo. Kone Escalator, # 26, #58844 $ /MO $ Mo. Kone Escalator, #27, #58845 $ /MO $ Mo. Kone Escalator, #28, # $ /MO $ Mo. Kone Escalator, #29, # $ /MO $ Mo. Kone Escalator, #30, # $ /MO $ Mo. Kone Escalator, #31, # $ /MO $ NAME OF COMPANY: 12/15/2011 Page 16 of 83

32 BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) ESTIMATED ITEM ANNUAL COMMODITY CODE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE PRICE Mo. Kone Moving Sidewalk, #1, #58846 $ /MO $ Mo. Kone Moving Sidewalk, #2, #58847 $ /MO $ Hrs. Labor Charge for Mechanic for Service $ /MO $ Outside of the Contract Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Helper for Service $ /MO $ Outside of the Contract, Monday thru Friday 8:00 am to 5:00 pm Hrs. Labor Charge for Mechanic for Service $ /MO $ Outside of the Contract, All Other Hours and Holidays Hrs. Labor Charge for Helper for Service $ /MO $ Outside of the Contract, All Other Hours and Holidays Lot Estimated Value for Parts not furnished Under Attachment A, Specifications for the Initial 24 Months will be on a Parts on a Pass Thru, Attachment A Section 25. $3, One-Time Charge for Pre-Maintenance Conditions $ Enter Total from Worksheet on Attachment A-3 TOTAL GROUP 1 (ITEMS 1 THRU 26) $ NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. 12/15/2011 Page 17 of 83

33 BID SHEET Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) Delivery MUST be FOB destination; freight included and shall be inclusive of all costs. Current and/or anticipated applicable fuel costs should be considered and included in the price quoted. Please indicate if delivery will be made by: Common Carrier Company Vehicle Other [ ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* *NOTE: If the above bracket is checked or marked, the Bidder should complete and submit the Trench Safety Act form, Attachment M, with the bid but must complete and submit within five (5) calendar days of request by County and prior to award to be considered responsive. Bid results will be posted to the Broward County Purchasing website at NAME OF COMPANY: AUTHORIZED SIGNATURE: By signing this bid sheet your firm is agreeing to the terms and conditions of the Invitation for Bid. 12/15/2011 Page 18 of 83

34 BID SHEET(Continued) Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) INSURANCE EXCEPTION REQUESTS: In accordance with Paragraph 6 of "Special Instructions to Bidder" indicate if an exception to insurance requirements is being requested. Be specific and state reason: RECYCLED CONTENT INFORMATION: 1. IS THE MATERIAL IN THE ABOVE: VIRGIN OR RECYCLED (CHECK THE APPLICABLE BOX). IF RECYCLED, WHAT PERCENTAGE % PRODUCT DESCRIPTION: 2. IS YOUR PRODUCT PACKAGED AND/OR SHIPPED IN MATERIAL CONTAINING RECYCLED CONTENT? YES NO SPECIFY: 3. IS YOUR PRODUCT RECYCLABLE AFTER IT HAS REACHED ITS INTENDED END USE? YES NO SPECIFY: THE ABOVE IS NOT APPLICABLE IF THERE IS ONLY A PERSONAL SERVICE INVOLVED WITH NO PRODUCT INVOLVEMENT. ACCEPTANCE OF CREDIT CARDS: The County is considering making faster payments to our vendor community, in doing so we would prefer to make payment using Visa credit card. Would your company accept Visa credit card as payment from Broward County? YES NO PREFERENCES: DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE? YES NO NAME OF COMPANY: 12/15/2011 Page 19 of 83

35 BID SHEET(Continued) Elevator-Escalator Maintenance and Repair for Terminal One (NSM) (NON-SHELTERED MARKET) PRICE ADJUSTMENT SECTION: Price of $ per. Date Percentage ( %) of final product attributable to (Product) NAME & ADDRESS OF SUPPLIER OTHER GOVERNMENT ENTITIES: THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUESTED. YES NO VENDOR FAX # WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN MIAMI-DADE OR PALM BEACH COUNTIES? YES NO OTHER GOVERNMENTS LOCATED WITHIN THE STATE OF FLORIDA? YES NO ADDENDA: LIST BELOW ALL ADDENDA (IDENTIFIED BY NUMBER) THAT YOUR COMPANY HAS RECEIVED AND HEREBY ACKNOWLEDGES SINCE ISSUANCE OF THIS BID: NOTICES TO BIDDER: 1. PLEASE COMPLETE APPLICABLE INFORMATION ON THE FACE OF THE INVITATION FOR BID/BIDDER ACKNOWLEDGMENT FORM (IFB). IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. 2. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF COMPANY: 12/15/2011 Page 20 of 83

36 VENDOR QUESTIONNAIRE INFORMATION CONTAINED IN THIS DOCUMENT WILL BE USED BY THE COUNTY IN DETERMINING THE RESPONSIBILITY OF A RESPONDENT. THERE MUST BE A RESPONSE TO ALL QUESTIONS IN THIS DOCUMENT. INFORMATION MUST EITHER BE PROVIDED OR AN INDICATION OF NONE (IF APPROPRIATE). DO NOT USE N/A AS A RESPONSE TO ANY QUESTION. THIS COMPLETED FORM, INCLUDING A RESPONSE TO ALL QUESTIONS, SHOULD BE SUBMITTED WITH THE SOLICITATION; HOWEVER, IT MUST BE SUBMITTED WITHIN FIVE (5) WORKING DAYS OF THE COUNTY S REQUEST. FAILURE TO PROVIDE THE COMPLETED FORM MAY RESULT IN THE SOLICITATION BEING DEEMED NON-RESPONSIVE. The undersigned authorized representative of the Respondent certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications or registrations requested? License/Certification Registration # Years 1A. What business are you in? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. NAME OF COMPANY: 12/15/2011 Page 21 of 83

37 VENDOR QUESTIONNAIRE (Continued) 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1 (Contact Name) (Address) (Phone No.) (Contract Number) (Date Services Provided) 4.2 (Contact Name) (Address) (Phone No.) (Contract Number) (Date Services Provided) 4.3 (Contact Name) (Address) (Phone No.) (Contract Number) (Date Services Provided) 5. List the following information concerning all contracts in progress as of the date of submission of this Solicitation. (In case of co-venture, list the information for all co-venturers.) NAME OF PROJECT OWNER OF PHONE NO. TOTAL CONTRACT VALUE DATE OF COMPLETION PER CONTRACT % OF COMPLETION TO DATE (Continue list on insert sheet, if necessary.) 6. Has a representative of the Respondent completely inspected the proposed project site and does the Respondent have a complete plan for its performance? NAME OF COMPANY: 12/15/2011 Page 22 of 83

38 VENDOR QUESTIONNAIRE (Continued) 7. What equipment do you own that is available for the work? 8. What equipment will you purchase for the proposed work? 9. What equipment will you rent for the proposed work? 10. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. 11. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name) The correct name of the Respondent is NAME OF COMPANY: 12/15/2011 Page 23 of 83

39 VENDOR QUESTIONNAIRE (Continued) 11.2 The business is a (Sole Proprietorship) (Partnership) (Corporation) 11.3 The address of principal place of business is 11.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 11.5 List all organizations which were predecessors to Respondent or in which the principals or officers of the Respondent were principals or officers 11.6 List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Respondent, its parent or subsidiaries or predecessor organizations during the past three (3) years. Include in the description the disposition of each such petition. NAME OF COMPANY: 12/15/2011 Page 24 of 83

40 VENDOR QUESTIONNAIRE (Continued) 12 List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last three (3) years. The list and descriptions should include claims against the bond of the Respondent and its predecessor organization(s) Has the Respondent, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details Under what conditions does the Respondent request Change Orders. NAME OF COMPANY: 12/15/2011 Page 25 of 83

41 VENDOR QUESTIONNAIRE (Continued) 13. LITIGATION HISTORY REQUIREMENT The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases filed or resolved in the three (3) year period ending with the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly-formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a case includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it relates, in whole or in part, to any of the following: 1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary); or 5. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants. Notwithstanding the descriptions listed in paragraphs 1 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified in the form attached as Attachment "I". A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the vendor's subcontractors/subconsultants proposed to work on this project. Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed non-responsive. Prior to making such determination, the vendor will have the ability to clarify the submittal and to explain why an undisclosed case is not material. 14. Only Applicable to Living Wage Contracts In the interest of determining what, if any, fiscal impact(s) are a result of complying with the living wage requirements for this Solicitation, please provide the following data for informational purposes only. The response shall not be considered in determining the award of this Contract. The living wage requirements have: (Check one) Had no effect on the total price of this Solicitation. Increased the total price of this Solicitation by %. Decreased the total price of this Solicitation by %. NAME OF COMPANY: 12/15/2011 Page 26 of 83

42 Finance And Administrative Services Department Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, Florida Fax VENDOR S LIST (NON-CERTIFIED SUBCONTRACTORS AND SUPPLIERS INFORMATION) THIS FORM SHOULD BE SUBMITTED WITH THE BID; OR IF NOT SUBMITTED WITH BID, IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF REQUEST FROM THE COUNTY Provide this information for any sub vendor(s) who will provide a service to the County for this solicitation. This includes major suppliers as well. 1. Firm s Name: 2. Firm s Address: 3. Firm s Telephone Number: Firm Address: 4. Contact Name and Position: 5. Alternate Contact Name and Position: 6. Alternate Contact Telephone Number: Address: 7. Bid/Proposal Number: Contracted Amount: 8. Type of Work/Supplies Bid: Award Date: 1. Firm s Name: 2. Firm s Address: 3. Firm s Telephone Number: Firm Address: 4. Contact Name and Position: 5. Alternate Contact Name and Position: 6. Alternate Contact Telephone Number: Address: 7. Bid/Proposal Number: Contracted Amount: 8. Type of Work/Supplies Bid: Award Date: I certify that the information submitted in this report is in fact true and correct to the best of my knowledge Signature Title Date Note: the information provided herein is subject to verification by the Purchasing Division. Use additional sheets for more subcontractors or suppliers as necessary. 12/15/2011 Page 27 of 83

43 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 1. SCOPE: 1.1 It is the intention of Broward County to purchase services as specified herein from a vendor that will give prompt and professional service to achieve optimum performance of the equipment covered by this contract. Any failure of the contractor to comply with these conditions may be cause for imposing a penalty or terminating the contract. (See also Paragraph 10, Contract Enforcement.) 1.2 Successful bidder shall be responsible for furnishing all labor, tools, materials, equipment, supervision, and complete mechanical maintenance service, preventive maintenance, emergency service and replacement of worn or defective parts and devices for elevators and escalators located at various locations within Broward County as specified and as required during the period of the Contract. 1.3 The purpose of this contract is to put into operation a continuing system of preventive maintenance to provide necessary, systematic, periodic service and maintenance for the elevator(s), escalator(s), and moving sidewalk(s) listed in this bid. 2. DEFINITIONS: 2.1 ANSI - American National Standard Institute. ASME American Society of Mechanical Engineers. Award - the acceptance of a bid, offer or bid by the proper Governmental Authority. 2.2 Bid Bond (Bid Guarantee) - An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid, the bidder will furnish bonds as required, and if the contract is awarded to the bonded bidder, the bidder will accept the contract as a bid or the surety will pay a specific amount. 2.3 Bid Opening - the formal process in which sealed bids are opened, usually in the presence of one or more witnesses, at the time and place specified in the Invitation for Bid. 2.4 Bid - an offer submitted by a prospective vendor in response to an invitation for Bid (IFB) issued by a Purchasing Division; becomes a contract upon acceptance by the buyer. 2.5 Board - the Broward County Board of County Commissioners. 2.6 Callback - refers to a request which requires a check of an elevator other than the regularly scheduled maintenance usually, during regular working hours. Call back services include trouble-shooting and/or diagnostic services. This is considered part of this contract and no additional charges will be paid for trouble shooting and/or diagnostic services. Replacement of burnt-out bulbs shall not be considered a callback. (See also 2.13, Emergency callback service and paragraph 11 and 12.) 12/15/2011 Page 28 of 83

44 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 2. DEFINITIONS: (Continued) 2.7 Contract - binding agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction. 2.8 Contract Administrator or their designee. The Contract Administrator has the responsibility to ensure that the provisions of each contract are complied with by both the County and the Contractor. The primary responsibilities of the Contract Administrator are to coordinate and communicate with the Contractor and to manage and supervise services provided under the terms and conditions of this contract. 2.9 Contractor - the successful bidder who is awarded the Contract Critical Equipment elevators and escalators doing continuous duty a minimum of ten hours a day and have four landings or more. Failure of this equipment would jeopardize operations Emergency call back service - means a check of a system other than the regularly scheduled maintenance and is subject to a response time. Emergency call back service shall be requested by the Contract Administrator or designee. Response time shall be within 15 minutes by phone and two hours on site, unless other arrangements are made during phone call back. This applies to response time 24 hours a day, seven days a week. (See also 2.8, Callback service.) 2.12 IUEC - the International Union of Elevator Constructors May - denotes the permissive. Failure to comply with may generally will not be a matter of responsiveness Must - denotes the imperative. Failure to comply with a must directive will generally be a matter of responsiveness Non-Critical Equipment elevators and escalators doing continuous duty less than 10 hours a day and have three or less landings where failure of the equipment would not seriously jeopardize County operations Obsolete Parts parts and components for equipment either 20 years or more years from original installation or no longer available from the original equipment manufacturer or an industry parts supplier, replaceable only by re-fabrication Open-End Contract (also designated price agreement) - means a contract whereby an indefinite quantity of supplies, services, or construction are to be procured over an identified time span, as and when needed. This contract has a fixed price to be applied to releases from the County Parts on a Pass-Thru - The Contractor will charge County the same prices he is charged by his suppliers, including freight and taxes. Copy of Contractor's supplier invoice(s) for such parts shall be submitted with the Contractor's invoice for payment 2.19 Performance and Payment Guaranty (Bond) - provided by the successful bidder after award to protect the County from loss due to the bidder s inability to complete the contract as agreed; secures the fulfillment of all contract requirements. 12/15/2011 Page 29 of 83

45 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 2. DEFINITIONS: (Continued) 2.20 Preventive Maintenance - planned maintenance inspections, tests, adjustments, cleaning and similar activities carried out with the intention of preventing malfunctions from occurring during operation Predictive maintenance an on-site diagnostic system that measures the actual usage of the elevators and escalators with the aim of predicting failures before they occur, taking corrective action prior to any equipment malfunction and to be more cost effective. Predictive maintenance, combined with scheduled preventive maintenance 2.22 Responsive Bidder - a person who has submitted a bid or bid which conforms in all material respects to a solicitation. A bid or bid of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security or other mandated requirements required by the bid documents to be submitted as the time of bid opening Response Time - the time from when a dispatch operator receives a phone call from the County to the time a service technician arrives on-site Shall - denotes the imperative Should - denotes the permissive Specifications - the specifications and requirements in Attachment A Upgrades - to improve the function/ability or to increase the value of the equipment or service Using Division (Agency) - The Division that is requesting the service on this bid solicitation. 3. PRE-MAINTENANCE SITE INSPECTIONS: 3.1 Each bidder is required to visit each of the sites to be covered by this contract to perform a field survey of the equipment to be maintained before submitting their bid. Each bidder should become familiar with any local condition which may in any manner affect the work to be done and the equipment, materials, labor and services required. The bidder is also required to examine carefully the specifications and to be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under this contract. The bidder is cautioned that no modification or any changes will be allowed in the pricing because of the failure of the bidder to have visited the site or to have attended the prebid conference. 4. PRE-MAINTENANCE, ONE TIME PRICE: 4.1 Broward County requires First Class Maintenance Service in order to maintain optimum performance of the elevators and escalators. Each vendor submitting a bid is required to visit each of the locations and evaluate each elevator or escalator listed on the price sheets before submitting their bid. Vendors shall do a field survey of all equipment and give a detailed report on the condition of each piece of equipment. On the bid/price sheet, vendors shall quote a one time charge to bring all equipment to first-class operating condition. VENDORS SHALL UNDERSTAND THAT NO OTHER CHARGES WILL BE ALLOWED TO CORRECT ANY PRE-EXISTING CONDITIONS. Bidders shall include with their submittal a schedule of work to be performed as part of the onetime price and the anticipated completion date. All work should be completed within the first six months of the contract. 12/15/2011 Page 30 of 83

46 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 4.2 Note: This does not include the natural decay of material and equipment and acts of vandalism after the contract is awarded but includes any act of vandalism and/or natural decay that is noted and/or observed at the time of the field survey. 4.3 Any items observed during the field surveys that are needed to be code compliant should be noted on a separate spreadsheet and should not be considered part of the pre-maintenance. Any code corrections will be done at the request of the Contract Administrator on separate purchase order. Any such corrections shall be performed at the hourly rate offered on the price sheets plus parts on a pass-thru. 5. VALUE ADDED PARTNERSHIP: Broward County intends for this bid to result in a partnership with the Contractor. Broward County desires a long term relationship with a vendor in which common goals are shared. 5.1 Among these goals are: Fair and equitable treatment of vendor and County. 5.2 Vendor expertise in methods of cost reduction. Vendors are encouraged to suggest ways in which costs can be reduced by product substitution, process modification or other means. 6. QUALIFICATIONS: 6.1 Prospective bidders must prove to the County that they are qualified and capable to fulfill and abide by the requirements listed herein. Bidders must complete Attachment A-2, Bidder s Questionnaire form and return it with the bid failure to return the completed Bidder s Questionnaire form will be cause to reject your bid. 6.2 Broward County reserves and shall be free to exercise the right to evaluate this bid in relation to performance record of bidder with the County itself, another municipal corporation of like size, or private corporations during the past two (2) years. Such precautions are deemed to be in the public interest inasmuch as Contractor failure or inability to furnish items/services within the prescribed time can create emergency situations and impose unnecessary hardship on both the County as a municipal corporation and the public at large. (See also Paragraph 26, Invitation for Bid Form, Page 4 of 6.) 6.3 Bidder shall provide a reference list of a minimum of three (3) current customers, comparable in size and scope, that the bidder has recently supplied services on a continuing basis over a recent twelve (12) month period. 6.4 Bidders shall include with their bid the names, years of experience and any certifications of employees that will perform work on County equipment as part of this contract. Contractor shall specify the name(s) of the primary route mechanics for each location, along with a brief resume. 6.5 Each mechanical supervisor, or future mechanical supervisor who will perform work under this contract shall have, at the time of submission of bid, a Certificate of Competency issued by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety and shall renew it continuously during the contract period and any renewals. Helpers and apprentice mechanics may be used solely as an assistant and only under the direct supervision of a certified mechanics, except as authorized by the Contract Administrator. 12/15/2011 Page 31 of 83

47 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 6. QUALIFICATIONS: (Continued) 6.6 Contractor shall maintain a business office located within Broward, Miami-Dade, or Palm Beach Counties. The office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. 6.7 Contractor must be fully equipped and capable of meeting all specifications and requirements of this Invitation for Bid (IFB). Bidders shall list the source and location of major replacement parts such as, but not limited to, computer boards, rotating elements, worms and gears, commutator bars, field coils, and armatures for drive machines. 6.8 Bids will only be accepted from firms that have service and warehouse facilities located in Broward, Miami-Dade, or Palm Beach County to provide local parts and repair service. 6.9 The County reserves the right to perform an inspection of this repair and warehouse facilities during the IFB evaluation period and any time during the term of the contract and to use this inspection as a means for determining the highest evaluated bidder. The acceptable size, location, level of security and functionality of the facilities shall be determined by the County in consideration of the bid Bidder s facilities should be equipped with: Machine shop facilities containing a minimum of two lathes, drill press, power hack saw, milling machine and a ten ton hydraulic press. One of the lathes should be capable of handling stock 18 x Turning tools capable of turning any hoisting machine and motor generator commutator Machine tools capable of turning main motor drive sheaves grooves on the machine Testing facilities with reversing ammeters, reversing voltmeters, and power sources capable of supplying voltages from 0 to 600 volts AC or D.C. List any other testing equipment on hand for adequate testing and analysis in case of problems and for preventive maintenance In lieu of the above, the bidder may have replacement parts which would make these machines and tools unnecessary. A Parts Lending program with manufacturer(s) of original equipment will be satisfactory Bidder s main operating facilities should be equipped with a motor repair shop capable of rewinding field coils, brake coils and armatures for use in elevators and/or escalators similar to those included in the specification or bidder is to supply the name and address of a separate business or company, which they may subcontract with for this service. Spare parts may be supplied by a manufacturer Parts Lending program The local facility must be conveniently located for rapid response time (See Definitions for Response Time) to the equipment being served and be equipped with spare parts as specified in Section 26, Replacement Parts. 12/15/2011 Page 32 of 83

48 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS The bidder shall only use skilled, competent, trained elevator and/or escalator personnel having a minimum experience of three (3) years as an elevator and/or escalator mechanic in maintaining elevator and/or escalator systems similar to those listed on the price sheets Each presently employed supervisor who will perform work for this contract shall have at the time of submission of bid, a certificate of competency issued by the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety and shall renew it continuously. Each supervisor hired in the future will have such certificate before performing work under this contract and shall renew it continuously. 7. QUALITY CONTROL CLAUSE: 7.1 The Contractor shall establish a complete quality control program to assure the requirements of the Contract are provided as specified. The Contractor s basic quality control program should be provided to the Contract Administrator and Building Manager at each location. The program will include, but not be limited to the following: 7.2 A preventive maintenance schedule covering each of the elevators and escalators stated on the price sheets. It should specify units to be inspected on a scheduled basis and the individuals who will do the preventive maintenance. 7.3 A method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable. 7.4 The Contractor may be required to meet with Purchasing and the Using Division(s) prior to the award. The purpose of the meeting will be to review the contract requirements and County procedures and meet with the people who will be responsible for making sure the work is done correctly. Vendor may be required to bring the following personnel to the meeting; the company president or district manager, the service manager, accounting person and the actual service mechanic who will most likely be the person responsible for maintenance and repairs. Failure of the vendor to attend the meeting will be cause for their company to be determined non- Responsible and have their bid rejected. 7.5 The Contractor shall perform an annual survey of all elevators and escalators to verify the units conform to manufacturer s original specifications. A copy of all annual surveys and field audits relating to County elevators and escalators should be provided to the contract administrator at each location. The annual surveys for the elevators and escalators should be provided to the contract administrator to review three to six months prior to the expiration of each contract period. (See also 8.12 and 20.2). 7.6 Contractor shall have a plan in place to periodically conduct field audits of all personnel to maintain quality standards. 7.7 Vendor s performance and timely response to emergency service/repair calls shall be carefully monitored. Failure to adhere to the fifteen (15) minute response time by phone and two (2) hour on site response time may be cause to cancel the contract. 7.8 Complaints processed through the Purchasing Division are to be corrected within fourteen (14) days of formal complaint. Written response to the Purchasing Division and the Using Division is required. Failure to properly resolve complaints within fourteen (14) calendar days may result in the cancellation of this contract. 12/15/2011 Page 33 of 83

49 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 7.9 An evaluation form (Attachment A-1") will be completed by the Contract Administrator three to six months prior to the expiration of the initial contract period and any renewal periods. The evaluation will be considered when making a recommendation to the Purchasing Director to renew the contract. A score of 70 or less and/or an overall rating of poor or unsatisfactory may be cause to not renew your contract with the County. 8. VENDOR RESPONSIBILITIES: 8.1 Provide competent supervision. 8.2 Provide competent well trained workers, familiar with all manufacturer(s) for equipment listed in this bid. Vendor agrees to utilize only experienced responsible people in the performance of work. 8.3 Vendor employees shall be trained in accident prevention and provide barricades necessary to protect persons or property against injury or damage, and at all times, be responsible for any such damage or injury that occurs as a result of their fault or negligence. 8.4 All contractor s personnel must wear uniforms with vendor s company name and wear photo ID s. All contractor s vehicles shall be lettered with company name and identification. 8.5 Due to the mandatory increased security at Broward County locations, vendor personnel may be required to have an identification card, which will be the responsibility of the Contractor to obtain. This may entail a comprehensive background check and a charge determined by the amount of access required and the project location. The ID process is the sole responsibility of the vendor and needs to be included in the price bid. 8.6 All employees of the Contractor shall be considered to be, at all times, the sole employees of the Contractor, under his sole discretion and not an employee or agent of Broward County. Broward County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued presence on County property is not in the best interest of the County. 8.7 The Contractor shall be responsible on a daily basis to maintain a clean work site, to remove debris, and to dispose of it properly at the contractor s expense. Contractor will be responsible for disposal of hazardous waste materials that may be a result of maintenance or repair work performed, at the contractor s expense. Whenever, disposing of hazardous material, the Department of Natural Resource Protection shall be contacted by contractor for proper disposal instructions. This requirement shall be solely the Contractor s responsibility. Contractor shall keep the Contract Administrator informed. 8.8 The contractor shall be responsible for obtaining and paying for any permits/inspection fees required for repairs. Contractor will invoice the County for reimbursement. Permits/fees shall be on a pass thru basis. (See also Paragraph 34, Payment.) Contractor shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 8.9 Contractors must provide at their own expense an interpreter with any employee who cannot speak English that is sent to a County site to do maintenance/repairs. 12/15/2011 Page 34 of 83

50 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 8.10 The Contractor shall be responsible for all repairs, performance of all equipment, parts, services specified in this bid. The Contractor is in no way relieved of the responsibility for the performance of all equipment, parts, repairs furnished, or assuring the timely delivery of materials, parts, even if it is not of their manufacturer The Contractor on this project must be familiar with all applicable Federal, State, County, City and Local Laws, Regulations or Codes and be governed accordingly as they will apply to this project and the actions or operations of those engaged in the work or concerning materials used. Contractor shall ask for and receive any required inspections Contractor shall assign a service representative who will visit the contract administrator on a regular scheduled basis to discuss the elevator/escalator needs, service and any matter relating to the maintenance of the elevators/escalators. This should be coordinated with the annual survey and contract renewal period. (See also 7.4 and 20.2) 8.13 The Contractor shall be responsible for notifying the Contract Administrator of any warranties or guarantees, and the terms contained therein covering replacement components The elevator contractor shall be responsible for training all security personnel assigned to Broward County facilities in procedures to be taken when an elevator/escalator shuts down. This includes what to look for and what steps should be taken before calling for service in order to reduce unnecessary call backs The training should be done at least once a year or when requested by the Contract Administrator to train new personnel. The procedures shall be put in writing and provided to each security location for reference. However, this in no way relieves the elevator contractor of responding to call backs when requested The Contractor s service manager, office personnel and each mechanic and backup personnel who will be performing service for this contract must read and be familiar with the requirements of this contract. The Contractor shall document this requirement Aviation: Due to increased security at the Airport, all service personnel performing work at the Airport must have their fingerprints taken and submitted to the FBI. If favorable results are received, each service technician must attend and pass a security class as well as a ramp driving class, if necessary. After successfully passing all requirements, the individual will be eligible to obtain the required security badge. It is the responsibility of the contractor to make arrangements to have their personnel obtain the badges prior to performing any work at the airport. 9. HURRICANE RECOVERY: 9.1 In the event of a hurricane, it shall be the responsibility of the Contractor to immediately make arrangements with each building manager to inspect and determine if all equipment is operational and/or make any recommendations necessary to make sure equipment is fully operational and ready for use when power is available. The County acknowledges that all problems may not be recognized until power is available. However, this in no way relieves the vendor from making an immediately assessment of the equipment and make sure obvious problems are corrected /15/2011 Page 35 of 83

51 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 10. BROWARD COUNTY RESPONSIBILITIES: 10.1 Provide suitable ventilation and cooling equipment, if required, to maintain the machine room temperature between 45oF and 95oF. The relative humidity should not exceed 85 percent non-condensing Provide electrical power for the elevator Provide one (1) outside telephone line to the elevator machine room that allows data calls to and from a toll-free number at a dispatching center. The telephone line may be either a separate line dedicated to the remote monitoring maintenance equipment or may be an existing line that is shared between another telephone and the remote monitoring maintenance equipment Provide a reasonable safe and dry on-site storage area for elevator material Provide a standby power unit and a means for starting it that will deliver sufficient power to the elevator disconnect switches to operate one or more elevators at a time at fullrated speed Provide a transfer switch for each feeder for switching from normal power to standby (emergency) power and a contact on each transfer switch closed on normal power supply with two wires from this contact to one elevator controller Provide a means for absorbing power regenerated by the elevator system when running with overhauling loads such a full load down Provide conduit between the elevator shaft and remote locations for the intercom master station and elevator monitoring system displays. 11. CONTRACT ENFORCEMENT: 11.1 In order to assure that Broward County receives the quality of service and response necessary to ensure the safety of the passengers and achieve the maximum desired life cycle of the covered equipment, the Contract Administrator may impose adjustments to monthly maintenance charge to reflect the failure to perform in accordance with the contract Contractor agrees that the adjustment may be deducted from the monthly contract amount due, up to and including the full monthly contract price of the affected equipment After three recorded like incidents within a 12 month period at any location receiving service under this contract, the Contractor shall be placed on written notice that each occurrence after that date will result in an adjustment per the schedule stated below. Where there is more than one piece of equipment at the location, the appropriate percentage will be deducted from the unit with the highest monthly cost. 12/15/2011 Page 36 of 83

52 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 11. CONTRACT ENFORCEMENT: (Continued) 11.4 Adjustments shall be based on the following schedule: Late Response to emergency call backs (24 hours)..10% of monthly charge per occurrence No Response to emergency call backs (24 hours)..20% of the monthly charge per occurrence Non-performance..10% of the monthly charge per occurrence Shut down due to lack of parts exceeding 72 hours.100% of daily charge per each day for the total number of days the unit is down Late invoice exceeding 45 days after completion of work or incorrectly prepared invoices returned to the vendor for correction.10% of invoice per occurrence Inasmuch as it is the desire of the County to avoid such deductions, and to encourage the Contractor s compliance with the contract, there will be a limit to the number of times noncompliance with the contract will be tolerated. The Contract Administrator may, upon written notice to the Contractor, double the amount of the adjustment after the third repeat offense incurring an adjustment within the same 12 month period. 12. EMERGENCY SERVICES: 12.1 The Contractor shall provide emergency call back service for all equipment covered by this contract, twenty-four (24) hours a day, seven (7) days a week at no additional cost to the County. A Call Back Service shall be defined as: a customer request which requires a check of an elevator other than the regularly scheduled maintenance In the event the elevator contractor is called for emergency service and it is determined that another contractor (i.e., electrical, telephone) is responsible, there will be no charge to the County for the call. 13. EMERGENCY RESPONSE TIME: Contractor must respond by phone to all requests for emergency call back service within fifteen (15) minutes after receiving the call from the Contract Administrator. Response time on site for emergency call back service shall not exceed two hours, unless other arrangements have been made with the Contract Administrator. 12/15/2011 Page 37 of 83

53 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 14. BUILDINGS OPEN 24 HOURS: 14.1 Terminal One is open 24 hours a day and has security on duty 24 hours a day Under no circumstances is an elevator/escalator mechanic to leave a job site when an elevator/escalator is not working until checking with security to report on the status of the work. Under no circumstances should a mechanic leave a job site before 5:00 p.m. without the equipment in service and without checking with security to see if overtime is authorized to get the equipment in working order. 15. WARRANTY: 15.1 All materials, labor and workmanship for replacement parts and supplies shall be fully warranted and guaranteed for a minimum of one (1) year from date of completion and acceptance. The Contractor is required to expressly warrant that all items are new and free from defects, warranted for their merchantability and meet the performance specifications of the original equipment The Contractor is required to expressly warrant that all replacement parts are new and free from defects, warranted for the merchantability and meet or exceed the performance specifications of the original equipment. 16. WORKMANSHIP: 16.1 Where not more specifically described in any of the various sections of these specifications, workmanship shall conform to all of the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work shall be executed by personnel skilled in their respective lines of work. 17. PREDICTIVE MAINTENANCE: 17.1 Predictive Maintenance shall be installed on all equipment capable of utilizing it. Contractor shall install devices on equipment to monitor the use of the equipment and to provide information required to maintain a predictive maintenance program Contractor may submit a bid for remote electronic monitoring. This information should include all of the system capabilities and how they are utilized within their service call dispatching and predictive maintenance program Vendors should submit with their bid detailed information on technical support available to their service mechanics. Vendors who offer this service should have similar Predictive Maintenance remote monitoring at other locations in Broward, Dade, or Palm Beach County and be able to provide a demonstration if requested. 12/15/2011 Page 38 of 83

54 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 18. GENERAL INSTRUCTIONS MAINTENANCE: 18.1 During the regular, normal working hours of the industry the contractor shall furnish maintenance and repair service on the elevators as listed, which includes regular and systematic inspections at not less than the frequency indicated on Price Sheets. Contractor shall also provide emergency call back service during or outside of regular, normal working hours The Contractor shall provide all required parts and materials to maintain all equipment listed in Price Sheets. Cost for parts, components and materials listed in Paragraph 26 below, shall be included in the monthly maintenance cost on Price Sheets. Payment for parts, components and materials not included below, shall be at Contractor s cost. (See paragraphs and 34.13) The maintenance personnel representing the contractor must report to the Contract administrator or designee at each location before starting any service work. When work is completed, the technician must provide a readable work ticket, detailing all services performed, and have it signed by the Contract Administrator or designee. The Contractor shall also maintain all service records for each elevator in the contract Service mechanic shall repair any observed defects at the time of preventive maintenance visit In the event the contractor discovers a unit requiring major repair during the regularly scheduled preventive maintenance that is not covered by this contract the contractor shall promptly notify the contract administrator. Any work not covered by this contract must be authorized by the County Any such repairs or recommendations should be recorded on the maintenance records The contractor agrees to provide the County with a written estimate for repairs or upgrades when requested. The estimate shall be based on the requirements of labor hours, parts and materials, etc., for a specific repair job. Estimates shall be broken down by hours per repair person and a separate price for each part and materials. Date and time of completion of repairs (if approved) shall be included. Lump sum estimates shall not be accepted. (See also paragraph 35.) 18.8 The County will not pay for travel time All work shall be performed in accordance with 1996 ANSI/ASME A17, or latest edition, and the Florida Accessibility Code Contractor will be responsible for all costs for repairs due to failure to provide preventive maintenance Contractor shall be responsible for the disposal of all hazardous waste materials that are a result of maintenance or repair work performed by the contractor or his employees Contractor will provide Contract Administrator a written report after each inspection/maintenance at each location. The report must include the checklist of all items inspected, the readings taken and all tasks performed for each piece of equipment, and must be readable. 12/15/2011 Page 39 of 83

55 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 18. GENERAL INSTRUCTIONS MAINTENANCE: (Continued) The Contractor shall maintain all equipment under this contract in first-class operating condition to comply with all requirements of the latest editions of ASME A17.1 (Safety Code for Elevators and Escalators), ASME A17.2, and ASME A and A (Inspector s Manual), ASME A17.3 (Elevator and Escalator Code Requirements for Alterations, Maintenance and Existing Installation); the latest edition of Florida Accessibility Code as it relates to elevators and escalators, and all applicable laws, regulations, ordinances, codes, etc. The ANSI/ASME codes and Inspector s manual shall be used as a guide to establish that the equipment is operating safely Cleanliness of the machine rooms is considered essential and is the responsibility of the contractor The Contractor shall maintain the efficiency, safety and rated speeds of the units including full running speed, acceleration, deceleration, landing and leveling and floor-to floor time including door opening and closing time where power-door-operation exists, all per manufacturer's specifications or by code requirements Contractor shall coordinate any major shut downs for preventative maintenance with the Contract Administrator or designee at each location. In the event the Contract Administrator requests preventative maintenance or major repairs to be performed after normal working hours, weekends or recognized holidays of the elevator trade, Contractor will be compensated as per Paragraph 34.5 and 34.6, Payment. 19. SUBMITTALS: 19.1 Vendors should include with their bid the following: 19.2 Sample Maintenance checklist Schedule of maintenance for each type of equipment and the estimated hours per week, per unit for inspections and preventive maintenance to be performed Schedule of code required periodic tests for witness purposes. A schedule of major repairs and routine clean downs. 20. ACCIDENT PREVENTION AND BARRICADES: 20.1 Contractor shall take precautions necessary to protect persons or property against injury or damage at all times and be responsible for any such damage, or injury that occurs as a result of the Contractor s fault or negligence. All contractors and sub-contractors shall conform to all OSHA, State and County regulations while performing under the terms and conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder/bidder responsible for same. Barricades shall be provided by the contractor when work is performed in areas traversed by persons, or when deemed necessary by the County Project Manager. 12/15/2011 Page 40 of 83

56 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 21. SCHEDULED EQUIPMENT EVALUATIONS: 21.1 Contractor shall conduct regularly scheduled evaluations of equipment performance, including car speed, door operations, riding quality, and car leveling. Following such evaluations, the Contractor shall perform adjustments, repairs, and replacements required to maintain manufacturer s operating performance. A written copy for each shall be furnished to the Contract Administrator. (See also 7.4 and 8.12.) 21.2 Equipment evaluations shall be performed as per the approved preventive maintenance schedule at least once a year. The evaluations shall be presented and gone over with the Contract Administrator by the service mechanic or Contractor s representative. 22. PREVENTIVE MAINTENANCE SCHEDULE: 22.1 Contractor must prior to award, submit a preventive maintenance schedule for each elevator and escalator on the price sheets Contractor shall furnish a qualified elevator mechanic on the job site for performance of preventive maintenance. The elevator/escalator mechanic shall complete the scheduled maintenance procedures before leaving any job site. Under no circumstances shall a mechanic be called away from the job site until the scheduled maintenance is completed The service mechanic(s) shall check into the manager s or maintenance office as instructed by the Contract Administrator or his designee at each location, when they arrive and when they leave the job site. Copies of mechanic s time tickets, verifying time spent with each elevator/escalator shall be left with the building manager or maintenance supervisor as instructed by the Contract Administrator The service mechanic(s) should have read and be familiar with all the requirements of this contract 23. REGULAR SCHEDULED PREVENTIVE MAINTENANCE SERVICE/ELEVATORS: 23.1 Where applicable, the contractor shall perform, but shall not be limited to the following maintenance procedures: 23.2 The contractor shall maintain, at all times, the original contract speed in feet per minute, unless otherwise instructed by the Contract Administrator. Contractor shall perform all adjustments required to maintain the proper door opening and closing time, within limits of applicable codes. Operating systems for each unit or group of units shall be checked continuously and necessary tests and corrections will be done to ensure all circuits are correct and time settings are properly adjusted The Contractor shall keep guide rails properly lubricated, except where roller guides are used and replace guide shoe gibs or rollers, when required to provide smooth and quiet operation. Control cables shall be replaced when required, or as provided for in the maintenance schedule whichever comes first. The Contractor shall annually clean the elevator hoistway and related equipment, including rails, inductors, hoistway door hangers and tracks, related devices, switches, buffers, car tops and pit areas If applicable, the gear case shall be drained and flushed to remove sediment and grit, and refilled with new gear oil as per manufacturer s specifications. All lubricants used must be according to manufacturer s specifications or better. 12/15/2011 Page 41 of 83

57 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 23. REGULAR SCHEDULED PREVENTIVE MAINTENANCE SERVICE/ELEVATORS: (Continued) 23.5 Contractor shall be responsible for replacing all wire ropes as often as necessary to maintain an appropriate factor of safety, according to manufacturer s specifications, and equalize the tension on hoisting ropes, resocket ropes for drum machines and replace conductor cables and hoistway and machine-elevator wiring Adjustments shall be made to elevators in accordance with the original manufacturer s specifications to maintain the original contact speed, the original performance time, including acceleration and deceleration, as designed by the original manufacturer. The contractor shall perform adjustments required to maintain the original door opening and closing times, or as otherwise agreed within the limits of applicable codes Contractor shall check the group dispatching systems and make tests to determine if circuits and time settings are properly adjusted, and make adjustments necessary for the system to perform as designed by the original manufacturer During the term of this contract, for all manufacturers units with microprocessor controllers, the Contractor shall install controller software upgrades developed and released for general distribution since the installation of the existing controller hardware. For units manufactured by the Contractor, all controller software upgrades shall be brought up to date The elevator machine rooms, secondary areas, elevator hoistways, and pit areas shall be kept clean at all times. Contractor will be responsible for keeping the machine rooms, the exterior of the machinery, and any other parts of the equipment subject to rust, properly painted, identified and presentable at all times. During the course of each examination, all accumulated refuse in the pit areas shall be discarded. Due to the fumes associated with painting, the Contractor must obtain permission and coordinate with the Contract Administrator and/or building manager for the appropriate time to schedule the painting. (See also paragraph 32, Work Hours.) Contractor shall examine, clean, lubricate, adjust, and repair or replace the following safety devices according to the contractor s approved maintenance/parts replacement schedule: interlocks and door closers, car and counterweight buffers, overspeed governors, governor tension sheaves assemblies and car and counterweight safeties, limit switches, landing switches and slowdown switches, door protective devices and alarm bells Contractor shall equalize the tension in all hoistway ropes and replace all wire ropes and fastening as per ANSI A17.1 Code, latest edition Contractor shall examine and regroove or replace all sheaves, governor tension sheaves, secondary or deflection sheaves and compensating sheaves according to the approved manufacturer=s maintenance/replacement parts schedule Contractor shall examine, lubricate, adjust, repair or replace the following accessory equipment according to the approved preventive maintenance schedule: elevator intercommunications systems, car and corridor operating pushbuttons, load weighing equipment, all hall lanterns, car position and hall position indicators, lobby control panels, car operating panels and all other signal and accessory facilities furnished and installed as a part of the whole equipment. 12/15/2011 Page 42 of 83

58 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 24. REGULAR SCHEDULED PREVENTIVE MAINTENANCE SERVICE/ESCALATORS: 24.1 Contractor shall regularly and systematically examine, clean, lubricate, adjust, repair or replace parts according to the approved manufacturer s preventive maintenance schedule Contractor shall perform a total clean-down of escalator equipment, including pits, pans, and balustrade interiors, as per the preventive maintenance guide but not to exceed one (1) year intervals. Handrails shall be waxed to provide smooth, quiet operation Balustrades, decks, skirt panels, anti-slide devices, and guards shall be examined regularly, adjusted, properly fastened, and aligned. The Contractor shall be responsible for advising the Contract Administrator or designee at each location, of the necessity to replace these products, but the Contractor shall not be responsible for the cost of the replacements. These parts will be provided by the Contractor on a Pass Thru Basis when authorized by the Contract Administrator. 25. PARTS ON A PASS THRU Parts on Pass Through: All parts or services furnished against this commodity line will be a "Pass Thru" and paid at Contractor's cost. The Contractor will charge County the same prices he is charged by his suppliers, including freight and taxes. Copy of Contractor's supplier invoice(s) for such parts shall be submitted with the Contractor's invoice for payment. 26. REPLACEMENT PARTS: 26.1 The examinations will include inspection, lubrication, adjustment, cleaning and if conditions warrant, repair or replacement of the following parts as per the maintenance schedule: 26.2 Parts, Elevators: Controllers, selectors and dispatching equipment, all relays, and relay panels, solidstate components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector cable or tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment Automatic power door operators, landing and car door contacts, hangers, landing and car door hangers, door protective devices, load weighing equipment, car frames, car sling, car safety mechanisms, platforms, platform flooring, car door sill, cab light fixtures, cab fan and fan motors, car and counterweight guide shoes including rollers and gibs, and emergency car lighting, and Fireman s Service Equipment. Seismic actuating and derailment devices and collision switches Machines, geared and gearless, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brakes and brake pulleys, brake coils, brake shoes, linings and pins, contacts, linings, and component parts Hoistway door interlocks and hangers, bottom door guides, manual door closers and auxiliary door closing devices, operator, car door hanger, car door contacts, door light ray devises, wire ropes, hoisting ropes, resocket ropes for drum machines, winding and coils, conductor cables and hoist way and machine-elevator wiring. 12/15/2011 Page 43 of 83

59 26. REPLACEMENT PARTS: (Continued) ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 26.2 Parts, Elevators: (Continued) Motors, selector motors, exciter and regulator, motor generators, motor windings, rotating elements, commutators, brushes, brush holders, and bearings, shafters, silicon control reifies, reactors, filters, heat sinks, amp traps and all control components Governors, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheaves assemblies, top and bottom limit switches, governor tension sheaves assemblies, and compensating sheave assemblies Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packs, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks, hydraulic fluid oil as needed in plunger, electric elevator equipment and any other elevator equipment or controls not named Parts, Hydraulic Elevator Power plant complete, consisting of its enclosure, pump, motor power transmission elements between the pump and motor, valves of every kind, strainers, mufflers, gaskets, and all other accessories Entire jack unit, including everything except excluded items listed in Paragraph All electrical wiring, conduit, ducts, traveling cables, etc., from and beyond the elevator equipment of every kind to the mainline disconnect switches and hoist way outlets All piping, fittings and accessories, such as vibration dampeners, silencers, etc between the pumping plant and the jack unit All heating and cooling elements, facilities, insulation and accessories for controlling the oil temperature and hydraulic fluid All other miscellaneous equipment, materials, solid state components etc. in the makeup of the complete elevator not mentioned above Parts, Escalator Escalator handrails, handrail drive chains, handrail brush guards, handrail tracks and handrail guide rollers, alignment devices, steps, demarcation strips, step trends, step wheels, step hains, step axle bushings, comb and comb plates, floor/landing plates, track, external gearing, drive chains, motor and brakes Escalator upper drives, upper drives bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and under step and comb lights Escalator drive machines, motor and brakes, controllers and switches, worms and gears, earings and thrusts, windings, commutators and rotating elements, contacts, coils, switches and relays, resistors and magnet frames, demarcation strips, risers, and rollers, sprockets, pulleys, and gears, drive belts and timing belts, tension devices, lubricators, and safety devices. 12/15/2011 Page 44 of 83

60 26. REPLACEMENT PARTS: (Continued) ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 26.5 Not Covered: Elevators: The following equipment parts and components are not covered by this contract: interior of car enclosure, finished floor covering, interior paneling, door panels, wall panels, hung ceilings, light diffusers and light bulbs, handrails, mirrors, carpets, hoistway enclosure, hoist way gates and door; the installation of new attachments on the equipment that are non-existent on the award date of this contract Elevators - Hydraulic: The following is not covered by this contract: Underground piping, if any, between the pumping unit and jack unit, cylinder for the jack, jack casing and well hole casing Escalators - renewal or refinishing of balustrades, trim and moldings, lighting and power lines to escalators Contractor shall not be required to install new attachments as may be recommended or directed by insurance companies, federal, state, municipal or government authorities, subsequent to the award date of this contract Work due to the result of abuse, physical damage, and work not covered under routine and preventive maintenance and repair service. Contractor shall assume the responsibility to provide the burden of proof that the cause of the elevator malfunction was due to abuse. The elevator shall be taken out of operation until the Contract Administrator inspects the damages and authorizes work to be performed. Vendor shall provide a cost estimate and receive approval from the Contract Administrator prior to any work being performed. 27. SPARE REPLACEMENT PARTS: 27.1 During the term of this contract, the Contractor will maintain, either in the elevator machine room or on service mechanic s truck, a supply of frequently used replacement parts and lubricants to meet the specific requirements of the elevators and escalators on this contract. Replacement parts stored in any elevator/escalator machine room will remain the contractor s property until installed in County units. Contractor will replace parts in the machine room and/or service truck and also contractor s local warehouse as the parts are used Major component parts for all manufacturer s elevators and escalators should be available in Contractor s warehouse so that repairs can be completed within four (4) hours, unless other arrangements are made with Contract Administrator. Service mechanic must keep the Contract Administrator informed about any repair delays. This inventory includes, but is not limited to generator rotating elements, door operator motors, generator and motor brushes, controller switch contacts, selector switch contacts, motor rotating elements, brake magnets, solid state components, all microprocessor equipment used in the elevator and escalator systems, selector tapes and door operator motors All microprocessor printed circuit boards and solid state components should be the original manufacturer s parts only. Replacement parts should be those manufactured by elevator manufacturer (OEM). If OEM parts are not available, parts equal in quality manufactured by a reputable, acceptable manufacturer may be substituted as approved by the Contract Administrator. Lubricants used shall be those recommended by manufacturer of elevator or better and lubrication shall be performed in accordance with manufacturer s engineering specifications and requirements. 12/15/2011 Page 45 of 83

61 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 28. OBSOLETE PARTS TO BE STOCKED BY CONTRACTOR: 28.1 Prior to award, the recommended Contractor shall identify elevators/escalators with obsolete parts most likely to be required during the contract period. The list and the cost for the obsolete parts shall be provided to the Contract Administrator. The Contract Administrator will advise which obsolete parts the Contractor shall be required to stock. The Contractor shall stock only the obsolete parts requested by the Contract Administrator. The parts shall be available within 30 days after requested by the Contract Administrator and shall be stored on site. The County will reimburse the Contractor for the parts as they are needed at Contractor s cost. At the conclusion of the contract any obsolete parts that were requested and have not been used will be purchased by the County. 29. PARTS NOT OBSOLETE: 29.1 The Contractor shall identify common parts, not obsolete, for the elevators/escalators on this contract and shall maintain these parts at the job site and in stock in order the keep the equipment in working order with little or no down time. 30. WIRING DIAGRAMS: 30.1 The County will provide the original wiring diagrams. Vendor shall maintain the original wiring diagrams with any modifications to the diagrams in each machine room. The diagrams shall remain the property of the County and shall be returned to the County at the expiration of this contract. 31. DIAGNOSTIC EQUIPMENT AND SPECIAL TOOLS: 31.1 The contractor shall prove they have the necessary tools, equipment and trained personnel for each specific unit in all groups they are awarded and are responsible for maintenance The elevator contractor s service technicians shall carry diagnostic equipment designed to analyze programming and microprocessor function and malfunctions for all elevators and escalators for all manufacturer s equipment in all groups, they are awarded and are responsible for maintenance The Contractor shall have all special tools required to maintain elevators and escalators in top working order. This includes, but not limited to wheel pullers, shaft knurlers, chain breakers and all diagnostic service tools for each type of microprocessor based systems. 32. SAFETY TESTS SCHEDULE: 32.1 Vendor shall prepare an inspections and test schedule of all elevators in a spreadsheet type format, outlining all required routine and periodic inspections and tests, and the dates to be performed. This schedule shall cover a five year period from the contract start date All inspections and tests required during the initial contract period shall be performed during the first six months after award of the contract and during the first six months of any renewal periods. The test schedule must be coordinated with the Contract Administrator for each location. 12/15/2011 Page 46 of 83

62 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 33. SAFETY TESTS: 33.1 All tests must be witnessed by a Broward County Elevator Inspector. Contractor shall be responsible for coordinating tests with the County Inspectors and the Contract Administrator Contractor shall periodically examine all safety devices and governors and make annual safety tests and make inspections and safety tests as required by American Standard Safety Code for Elevators, Dumbwaiters and Escalators, ASME A or latest edition. Contractor shall perform five year full load and full speed tests as required by the Florida Industrial Commission during the first year of the contract Written reports and a copy of all tests shall be submitted and reviewed with the Contract Administrator or designee at each location within thirty (30) days following completion of each test Traction Elevators - Routinely examine safety devices and governors for all traction elevators. Contractor will conduct an annual no load test. During the first year of the contract the Contractor will conduct a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. The governor should be recalibrated and sealed for proper tripping speed and elevator car balances shall be checked and corrected where needed. A detailed report on each elevator or bank of elevators shall be provided to the Contract Administrator Hydraulic Elevators - Contractor shall perform an annual no load test and annual pressure relief valve test for all hydraulic elevators in accordance with Section 1001 ANSI A17.1 code, latest edition and provide a copy of the report to the Contract Administrator Contractor should perform all preventive maintenance and minor adjustment call-back service during regular working hours on regular working days of the elevator trade, except emergency call back service shall be available twenty-four (24) hours, seven (7) days a week Contractor shall coordinate any major shut downs for preventive maintenance with the Contract Administrator or designee at each location. In the event the Contract Administrator requests preventive maintenance or major repairs to be performed after normal working hours, the Contractor will be compensated as per paragraph 23, Payment. 34. PAYMENT: 34.1 The successful Contractor shall submit monthly invoices for maintenance with the appropriate purchase order number and work location by the tenth (10th) calendar day of each month. The invoices shall be submitted to the County using department(s) that requested the service through a purchase order. The invoices shall reflect standard service specified in the contract and provided to the County in the prior month In addition, the successful Contractor shall submit a separate invoice with purchase order number to the County department that has requested emergency or additional service not specified in the contract. The date of the invoice shall not exceed thirty (30) calendar days from the completion of the emergency or additional service. The invoice for emergency or additional service shall itemize labor (hours worked and labor rate) and parts, in addition to a full description of the work performed. 12/15/2011 Page 47 of 83

63 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 34. PAYMENT: (Continued) 34.3 Failure to comply with the above requirements will result in return of invoices and delay of payment. The County may deduct 10% of the total invoice to recover administrative costs for the additional burden of processing an incorrect invoice When and as applicable, monthly charges shall be pro-rated on a daily basis, using 30 days per month as basis. Preventive maintenance performed after normal work hours must be approved in advance. The contractor will be compensated at an hourly rate equal to the difference between the rate for regular hours and overtime hours as offered on the bid sheet. (The difference of the cost of overtime hours less the cost of regular hours equals the hourly rate for scheduled after hour preventive maintenance.) Scheduled repairs after normal working hours must be approved and will be compensated at the overtime hours offered on the bid sheet Payment for labor for repair service and additional work not specified shall be in accordance with rates specified on the price sheets. The hourly rates quoted on the price sheets shall include full compensation for labor, equipment use, travel time, and any other cost to the Contractor for labor. The Contractor shall comply with minimum wage standards and any other applicable laws of Broward County and the State of Florida All hourly rates shall be pro-rated into ¼ hours. Only time on the job site shall be invoiced. The County will not pay for travel time The County agrees to pay the Contractor at the prices quoted on the price sheets for regular and overtime labor as may be needed for services described below, except as otherwise noted. Such work shall only be performed when authorized by the Contract Administrator Maintenance of: cabs, including wall panels, floor, lighting tubes and lamps, elevator handrails; cab and hoistway door panels, frames, sills; steel guide rail replacement; heat and smoke sensors; powerfeeder switches, their wiring and fusing; hydraulic cylinder and piping, if located underground; removal and/or refinishing of balustrades and trim moldings of escalators. Note: If repair, and/or replacement, and/or refinishing of any of the above items is necessitated due to the act or omission of the contractor, such cost shall be borne by the contractor, at no cost to the County. The contractor shall be obligated to advise the County as soon as practicable, of any condition which may adversely affect the above equipment, the correction of which is not within the contractor s control Repair or replacement which is necessitated by reason of negligence, accident, or misuse of equipment and apparatus including door entrance, cars, fixtures or due to any other causes beyond the contractor s control; installation of new attachments or features on the elevator and/or escalator equipment that are non-existent on the date of this contract; modification to or modernization of existing equipment not otherwise included; or perform tests recommended or directed by insurance companies, state, municipal or other governmental authorities, which are either unscheduled at that time by the contractor or not required by this contract. 12/15/2011 Page 48 of 83

64 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 34. PAYMENT: (Continued) Emergency call back service after normal working hours shall be included in the regular monthly service charge The prices quoted under Monthly Maintenance Service shall include all cost for providing labor, parts, components, etc. and performing emergency call back service and all other services specified in this contract except for scheduled repair services and additional work not specified in the contract. No additional labor will be charged for preventive maintenance, parts, or call back service, unless provided for in this contract Parts and Materials payments for parts and materials not included in Paragraphs 22 through 24, Preventive Maintenance, shall be paid at contractor s cost as a pass thru. (See also Paragraph 25.) The contractor shall provide all required parts and materials to maintain equipment listed in bid/bid sheets. The cost for items not included in Preventive Maintenance will be Pass thru, i.e. the contractor will charge the County the same invoice prices charged by their suppliers. A copy of the contractor s invoice(s) from their supplier for such parts and materials shall be submitted with the contractor s invoice for payment. In cases where the contractor manufacturers their own parts, the contractor shall charge the County a price no higher than they charge their most favored customer. The County reserves the right to request verification All invoices must have the County purchase order number. Any labor and parts, other than preventive maintenance, shall indicate the specific unit, location and date on which the work was done. Copies of invoices for payment shall be provided to the Contract Administrator upon request. 35. QUOTATION FOR REPAIRS/UPGRADES: 35.1 In the event the Contractor discovers a unit requiring major repair during the regularly scheduled maintenance, Contractor will promptly notify the Contract Administrator. Only major repair work or modernization or upgrades authorized by the County will be performed by the Contractor Written Estimates The contractor agrees to provide the County with a written estimate for major repairs/modernization/upgrades within five (5) days when requested. The estimate shall be based on the requirements of labor hours, parts and materials, etc., for a specific repair job. Estimates shall be broken down by hours per repair person and a separate price for parts and materials. Estimated time for completion of repairs shall be included. Lump sum estimates shall not be accepted If requested, the contractor shall include with the written estimate the cost of new equipment versus the repair of the unit. Quotation shall remain firm for thirty (30) days. All estimate and quotation preparation shall be provided at no cost or obligation to the County The County will not pay for travel time. See also Payment, Paragraph All work shall be performed in accordance with ASME A17.3, or latest edition The County reserves the right to competitively bid all work not specifically identified or authorized in these specifications. 12/15/2011 Page 49 of 83

65 ATTACHMENT A SPECIFICATIONS AND REQUIREMENTS 36. TERMINATION OF PARTICULAR LOCATIONS: 36.1 In the event the County shall sell, vacate, abandon, or otherwise dispose of or terminate a location to which this contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such location is so terminated. The County shall give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. 37. ADDITION/DELETION OF UNITS: The County reserves the right to add additional elevators or escalators to this contract as such systems may be installed. The County also reserves the right to delete units from this contract in the best interest of the County. In such events, contract prices shall be adjusted as mutually agreed upon between the Contractor and County. Any adjustment in price must be approved by the Purchasing Director. 12/15/2011 Page 50 of 83

66 ATTACHMENT A-1 VENDOR CONTRACT EVALUATION FORM FOR MAINTENANCE/SERVICES ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 1.Contract No. 2. Contract Title: 3. Vendor Name: 4. Vendor Contact Person: 5. Vendor Number: 6. Contract Administrator/Title: 7. Person Doing the Evaluation: 8. Elevator Location: 9. Number of elevators at this location: 10. Number of at this location: 11. Division: 12. Phone Number: Specific Ratings (Rate numerically 1 to 5 with 5 as best) 13. Cooperation with Contract Administrator and other County Personnel. 14. Vendor Quality Control Program Completed maintenance as per prepared inspection and prevention schedule. 16. Vendor identified problems and reported problems to Contract Administrator before they become an emergency. 12/15/2011 Page 51 of 83

67 ATTACHMENT A-1 VENDOR CONTRACT EVALUATION FORM FOR MAINTENANCE/SERVICES ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Specific Ratings (Rate numerically 1 to 5 with 5 as best) 17. Vendor provided spread sheet providing a five year schedule for all required routine and periodic inspections and tests, and the date to be performed. 18. Vendor took proper action when performing maintenance to prevent or correct problems. 19. Safety tests performed on schedule Annual test reports and surveys given to Contract Manager. 21. Contractor periodically did field audits of personnel to maintain quality standards. 22. Annual test reports and field audits reviewed with Contract Administrator by Contract representative. 23. Provided proper supervision Provided competent workers Accident prevention program Quality of workmanship Informed Contract Administrator about warranties and warranty period. 28. Vendor called back for same problem Response time for emergency as per contract Repairs completed within four (4) hours, unless other arrangements were made with the Contract Administrator. 12/15/2011 Page 52 of 83

68 ATTACHMENT A-1 CONTINUE VENDOR CONTRACT EVALUATION FORM FOR MAINTENANCE/SERVICES ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Specific Ratings (Rate numerically 1 to 5 with 5 as best) 31. Service mechanics had parts to make necessary repairs without downtime. 32. Vendor maintained a clean work site, removed any debris and disposed of it properly. 33. Estimates provided within five days when requested. 34. Vendor had parts available for immediate replacement. 35. Other: OVERALL RATING (Please circle) Unsatisfactory; Poor, Fair; Good; Excellent 36. Vendor Complaint Forms Sent to this vendor during the contract period? Attach copies if yes. 37. Numerical Score: 38. Recommended for future contracts? (Please Circle) Yes; No; Conditional Signature 12/15/2011 Page 53 of 83

69 ATTACHMENT A-2 BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Bidders are hereby instructed to provide answers to questions in Attachment A-2 in a separate section of the bid. Clearly refer to question numbers in the same order as the questions are posed. If an extended answer is provided all information in response to that question must be provided in the same location and in the same order for the question being answered. If additional non-specific information is provided in the Bid it should be as a supplementary attachment. This document is available on-line in Word format. 1. State the true, exact correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. 2. Identify the exact form of business Organization: i. If a sole proprietorship, state the owner s full name. ii. If a corporation, state the name of the President and Secretary. iii. If a partnership, state the names of all partners. iv. If a trade-name, state the names of the individuals who do business under the trade-name. 3. Provide the address of the organization s principal place of business. 4. Identify principal office and service center responsible for administering this project. 5. Provide the address of the organization s engineering department. 6. Provide the address of the organization s billing department. 12/15/2011 Page 54 of 83

70 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 7. Provide the address of the organization s research and development department, if any. 8. Identify principal place of business in Tri-County area. 9. Identify other facilities in tri-county area available to support this project and explain how they will be utilized. 10. Provide a banking reference able to speak to financial responsibility of the bidder. 11. Name of Bank, Address and Telephone number of Bank Officer familiar with bidder's account. 12. Is your organization registered with the State of Florida? YES NO 13. List and attach any licenses, certificates, permits, etc. required by statute or regulation for services requested in this Bid. 14. Attach copy of Broward County Occupational Licenses for any office located in Broward County. 12/15/2011 Page 55 of 83

71 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) General Qualifications: 15. How many years has your organization been in business in Broward County? 16. Have you ever failed to complete work awarded to you in the tri-county area? If so where, and why? 17. Have you had any environmental citations and/or violations in the tri-county area? If yes, submit brief details in your response to this question. 18. Are there any liens for labor or material filed on any of your work in the tri-county area? If yes, submit brief details in your response to this question. 19. Identify the principal location that will be the source of replacement parts and supplies for this project. 20. State the approximate dollar value of inventory of replacement and spare parts at above location. 12/15/2011 Page 56 of 83

72 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Personnel: 21. Identify the Individual or principal corporate officer charged with overall responsibility for this project and describe in detail the role they will play in managing the account. 22. Provide name, business title, address, telephone number, fax and address for the above responsible person. 23. Identify individuals responsible for managing this office. Provide names, business titles, address, telephone number, fax and address. Make sure your information has been updated with Purchasing and has the correct contacts and addresses. To update your company information is correct go to Vendor Registration: Describe the responsibilities that will be fulfilled by support personnel from this office. 25. Provide contacts for three levels of management. All contacts should have the authority to make decisions regarding contracted service levels, operating and quality benchmarks, and personnel assignments. 12/15/2011 Page 57 of 83

73 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) QUALIFICATIONS AND EXPERIENCE: (ITEMS 15-46) (Continued) Personnel: (Continued) 26. Provide a functional organization chart, plan and procedures reflecting administrative support of all functions of service specified in the Bid. 27. Identify person in charge of the service center from which organization intends to furnish services. 28. Describe your process for handling employee turnover. Include procedures for transition of responsibilities and communicating that information with customers. Personnel Available to Serve Account: 29. Total number of employees within State of Florida? 30. Total number of supervisory/management employees in Tri-County area? 31. Total number of certified repair personnel in Tri-County area? 32. Total number of supervisory/management employees in Broward County? 33. Total number of certified repair personnel in Broward County? 34. Total number of trained personnel based at the location designated to serve this project? 35. Total number of trained mechanic/service personnel that you anticipate assigning to this project on a full time basis. 12/15/2011 Page 58 of 83

74 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 36. Provide all names and addresses along with a brief resume of the employees responsible for performing this contract including office support staff; supervisor(s); and primary route mechanics for each location listed on the price sheets. This should include, but not be limited to the following. a. Their functions in the company. b. Their title and number of years of service with the company. c. Their years of experience in the maintenance of Elevators and/or. 37. Provide name, postal/ address and telephone number of full-time employees of the company available to assist in the solution of electrical and mechanical problems and advise on matters pertaining to safety. If there are different employees who are available for different elevators//manufacturers, list each person and their expertise. 38. Provide the name of registered graduate electrical engineer with at least three (3) years elevator experience maintained as a full time employee and where they are located. 39. Provide the name of registered graduate mechanical engineer with at least three (3) years elevator experience maintained as a full time employee and where they are located. Local Experience: 40. Does your organization currently hold, or have you held within the past three years, prime elevator/escalator maintenance service contracts in the tri-county area, comparable in size and scope, that you have supplied services for a continuous twelve (12) month period. YES NO 12/15/2011 Page 59 of 83

75 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 41. List and state the annual value of each contract listed above and total monthly hours involved in the performance of such service. 42. Identify the service center that provided the principal maintenance services performed for the above contracts. 43. Identify service contracts in Broward County requiring the use of 4 mechanic/service employees or more on a full time basis. Local Experience: 44. Demonstrate to the satisfaction of the County that your firm has actively and normally been engaged for at least the past ten (10) years in the maintenance, service, repair and replacement of materials and equipment in elevators and/or of the same manufacture, capacity and control systems as those covered by this contract. In lieu of ten years, a minimum of five (5) years is acceptable if you submit evidence that principles of your firm have been in key management positions or a principal of another firm, and has ten (10) years experience in the elevator industry. 45. List any formal written complaints filed against your company, regardless of the outcome, by any customer within the last seven years. Explain the conditions of the complaint, and customer contact information. 46. List any presently employed supervisor who will perform work under this contract shall have at the time of submission of Bid a Certificate of Competency issued by Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety and shall renew it continuously. Each supervisor hired in the future will have such a certificate before performing work under the contract and shall renew it continuously. 12/15/2011 Page 60 of 83

76 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Maintenance Procedures: 47. Describe how you intend to provide service including the total number of weekly service hours required to meet the specifications in this Bid and submit details of your operating plan for the performance of the work. 48. Will you sublet any part of this work? If yes, list subcontractor(s) and work they will perform. 49. Explain your method of communications with supervisors, service technicians, County Contract Administrator, Building Managers and list any special equipment that will be used to keep in contact. Include method of notifying Building Managers or Security when employee(s) are in the building. 50. Provide details of your start-up plan addressing availability of trained work force. 51. Submit with your Bid detailed information that describes proposed monitoring capabilities used to provide predictive maintenance. 52. Vendors who propose remote monitoring services should have similar remote monitoring at other locations in Broward, Miami-Dade, or Palm Beach County and be able to provide a demonstration of the system. 53. Provide any suggestions to improve maintenance service based on your observations. 12/15/2011 Page 61 of 83

77 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 54. Submit with your Bid detailed information on technical support available to service mechanics. 55. Provide details of your Quality Control Program. This information should include but not be limited to the following: a. Quality benchmarks. b. Industry standards and reports, with references to support proposed quality criteria. 56. Provide your quality control check list and methods used by your organization to ensure that all contract requirements are met. 57. What is your method of identifying deficiencies in quality of services before they become a problem? 58. Provide your method for reporting quality benchmarks scores, and corrective actions when requested by the County. 59. Identify the proposed service representative who will visit the contract administrator to discuss the needs, service and all other matters relating to the maintenance of the elevators/. 60. Include the proposed service representative s resume including experience in the industry and with your organization, professional qualifications and accomplishments. 61. Describe how the service representative will function in the management of this project. 12/15/2011 Page 62 of 83

78 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 62. Has this individual personally inspected the proposed work sites? YES NO 63. Describe how this individual participated in preparing the plan for performance of the work. 64. Submit details of your proposed service schedules for each unit. 65. Provide a representative copy of the proposed Schedule of code required periodic tests for witness purposes. 66. Provide a proposed sample format for the preventive maintenance schedule for individual units. The form should include a place to identify the unit inspected and the individuals who will do the preventive maintenance. 67. State method of work site roster/sign in attendance procedures and provide samples of any forms or other methods of attendance/service response control. 68. Give your proposed method of time reporting and samples of documentation. 69. Provide a representative schedule for routine procedures for a 5 year period. 70. Provide a sample form to be used for the annual survey of all elevators and to verify the units conform to manufacturer s original specifications. 71. What is your proposed method of meeting services and schedule requirements including the reporting of completed tasks? 72. Provide a sample of a written report to be provided after each inspection/maintenance routine for each unit at each location. The report must include the checklist of all items inspected, the readings taken and all tasks performed for each piece of equipment, and must be readable. 12/15/2011 Page 63 of 83

79 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Security 73. Provide your method of meeting employee security screening requirements. Training 74. Provide details of your continuing education training programs to maintain proficiency. 75. What follow up training methods are in place to insure service mechanics are up to date with industry changes? 76. Describe your Safety training program. Hurricane Recovery 77. What preparations does your company make prior to hurricane season? 78. What procedures do you recommend the County make prior to a hurricane to protect elevators/? 79. What is your post hurricane recovery plan to get all elevators and operational? Hurricane Recovery (Continued) 80. Provide a list of locations and give the priority order for inspections and for making sure the units are operational? 12/15/2011 Page 64 of 83

80 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) 81. List the priority of County units in comparison with other contracts. 82. What is your response time under these conditions? Electronic/Web Site Communications 83. What type of electronic status reporting will you provide? 84. Will this be available on a website? YES NO 85. What is the frequency of reporting and posting updates on the website? 86. Is the data exportable to a text or Microsoft Excel file? YES NO 87. What type of electronic performance reports will you provide? 88. Will the data include unit details and summaries? YES NO 89. Will we have the ability to request specific data formats, i.e. unit-specific queries for current and historical service quality and outages? YES NO 12/15/2011 Page 65 of 83

81 ATTACHMENT A-2 (Continued) BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) Attach any additional information and data that you believe would indicate the ability of your Organization to perform satisfactorily all specifications of this procurement. The undersigned guarantees the truth and accuracy of all statements herein contained: Official Representative: Signature: Name: Title: Address: 12/15/2011 Page 66 of 83

82 ATTACHMENT A-3 BIDDER S QUESTIONNAIRE FORM ELEVATOR/ESCALATOR MAINTENANCE/REPAIR FOR AVIATION TERMINAL ONE (NON-SHELTERED MARKET) THE FOLLOWING WORKSHEETS ARE PROVIDED SO THAT YOU MAY INDICATE THE PRE- MAINTENANCE CHARGE FOR EACH ITEM. THE WORKSHEET ARE IN THE SAME ORDER AS THE BID/PRICE AND SHALL BE INCLUDED IN YOUR BID. Group I (Items 1 thru 20) ITEM COMMODITY CODE TOTAL NO. DESCRIPTION PRICE 1. Kone Hydraulic Elevator, # 15, #58851 $ 2. Kone Hydraulic Elevator, #16, #58853 $ 3. Kone Elevator, #17, # $ 4. Kone Elevator, #18, # $ 5. Kone Hydraulic Elevator, #19, #58852 $ 7. Kone Elevator, #20, # $ 8. Kone Hydraulic Elevator, #21, #58856 $ 9. Kone Hydraulic Elevator, #22, #58855 $ 6. Kone Hydraulic Elevator, # , Fire House $ 10. Kone Elevator, #31, # , Concourse B $ 11. Kone Escalator, #24, #58854 $ 12. Kone Escalator, # 25, #58843 $ 13. Kone Escalator, # 26, #58844 $ 14. Kone Escalator, #27, #58845 $ 15. Kone Escalator, #28, # $ 16. Kone Escalator, #29, # $ 17. Kone Escalator, #30, # $ 18. Kone Escalator, #31, # $ 19. Kone Moving Sidewalk, #1, #58846 $ 20. Kone Moving Sidewalk, #2, #58847 $ Group I (Items 1 thru 20) $ 12/15/2011 Page 67 of 83

83 BID GUARANTY FORM IRREVOCABLE LETTER OF CREDIT ATTACHMENT "B" Date of Issue Issuing Bank's No. Beneficiary: Broward County through its Broward County Board of County Commissioners County Administrator Governmental Center 115 South Andrews Avenue Fort Lauderdale, Florida Expiry: Applicant: Amount: (in United States funds) (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at (Branch Address) by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your draft at sight, accompanied by: (1) A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of certain obligations on the part of agreed upon by and between Broward County and (Contractor, Applicant, Customer) pursuant to the (Contractor, Applicant, Customer) Bid/Contract No. for (Name of Project) Drafts must be drawn and negotiated not later than (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number) of, dated (Bank Name) 12/15/2011 Page 68 of 83

84 BID GUARANTY FORM IRREVOCABLE LETTER OF CREDIT (Continued) ATTACHMENT "B" (Continued) This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the Broward County Administrator with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to Broward County that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. The execution of the contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (Contractor, Applicant, Customer) shall be released of obligations. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1984 revision), Publication No. 400 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or county and Florida law should arise, Florida law shall prevail. (NAME OF ISSUING BANK) Authorized Signature Type Name Type Title 12/15/2011 Page 69 of 83

85 KNOW ALL MEN BY THESE PRESENTS: ATTACHMENT "C" FORM OF PERFORMANCE AND PAYMENT BOND That we as Surety, are bound to the Board of County Commissioners of Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract dated the day of, 20, with COUNTY for which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Performs the Contract between the CONTRACTOR and the COUNTY for construction of, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section (1), Florida Statutes, supplying CONTRACTOR with labor, materials, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the work provided for in the Contract; and 3. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including appellate proceedings, that COUNTY sustained; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under the Contract, the COUNTY having performed COUNTY'S obligation thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions; or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the COUNTY elects, upon determination by the COUNTY and surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and COUNTY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by COUNTY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by COUNTY to CONTRACTOR. 12/15/2011 Page 70 of 83

86 ATTACHMENT "C" (Continued) FORM OF PERFORMANCE AND PAYMENT BOND No right action shall accrue on this bond to or for the use of any person or corporation other than the COUNTY named herein and those persons or corporations provided for by Section , Florida Statutes, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section (2), Florida Statutes. Signed and sealed this day of, A. D., 20. WITNESSES: Secretary (Name of Corporation) BY: (Signature and Title) (CORPORATE SEAL) BY: (Type Name and Title signed above) IN THE PRESENCE OF: INSURANCE COMPANY: BY: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: 12/15/2011 Page 71 of 83

87 ATTACHMENT "D" PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Broward County through its Broward County Board of County Commissioners County Administrator Governmental Center 115 South Andrew Avenue Fort Lauderdale, Florida Applicant: Amount: in United States Fund Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at (Branch Address) by order of and for the account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of available by your draft at sight, accompanied by: (1) A signed statement from the County Administrator of Broward County, or the Administrator's authorized representative, that the drawing is due to default in performance of certain obligations on the part of (Contractor, Applicant, Customer) agreed upon by and between Broward County and (Contractor, Applicant, Customer) pursuant to the Bid/Contract No. for (Name of Project) and Section , Florida Statutes. Drafts must be drawn and negotiated not later than (Expiration Date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number) of, dated (Bank Name) 12/15/2011 Page 72 of 83

88 ATTACHMENT "D" (Continued) PERFORMANCE AND PAYMENT GUARANTY FORM IRREVOCABLE LETTER OF CREDIT This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the final completion of the Project by the (Contractor, Applicant, Customer) and final acceptance by Broward County. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1984 revision), Publication No. 400 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. (NAME OF ISSUING BANK) Authorized Signature Type Name Type Title 12/15/2011 Page 73 of 83

89 ATTACHMENT "E" FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS UNDER $500, NOTE: THIS DOCUMENT WILL NOT SERVE AS A VALID BOND. TO: RE: BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY BID NUMBER BIDDER NAME ADDRESS PHONE AMOUNT OF BOND SURETY BOND COMPANY NAME ADDRESS PHONE This is to certify that, in accordance with Chapter , Laws of Florida (HB1266), the insurer named above: Holds a certificate of authority authorizing it to write surety bonds in Florida. Has twice the minimum surplus and capital required by the Florida Insurance Code. Holds a currently valid certificate of authority issued by the United States Department of Treasury under Section 9304 to 9308 of Title 31 of the United States Code. Date Signed Agent and Attorney-in-Fact AFFIDAVIT STATE OF FLORIDA ) COUNTY OF )SS ) Before me this day personally appeared, Chief Financial Officer of, who, being duly sworn, executed the foregoing instrument and acknowledged to and before me the truthfulness and accuracy of the statements in the foregoing instrument. Signature of person making Affidavit SWORN TO AND SUBSCRIBED before me this day of, 20 Notary Public, State, State of Florida My Commission Expires: 12/15/2011 Page 74 of 83

90 ATTACHMENT F DRUG FREE WORKPLACE CERTIFICATION The undersigned vendor hereby certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (I) The dangers of drug abuse in the workplace; (ii) The offeror's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered contract, the employee shall: (I) (ii) Abide by the terms of the statement; and Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five days after such conviction. (5) Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (I) (ii) Taking appropriate personnel action against such employee, up to and including termination; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (1) through (6). (Vendor Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of, 20, by (Name of person who's signature is being notarized) as of (Title) (Name of Corporation/Company), known to me to be the person described herein, or who produced (Type of Identification) as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 12/15/2011 Page 75 of 83

91 ATTACHMENT G INVITATION FOR BID SUPPLEMENTAL SPECIAL INSTRUCTIONS TO BIDDERS LIVING WAGE ORDINANCE The following is a summary of requirements contained within Broward County Ordinance , as amended ( Living Wage Ordinance ). This summary is not all-inclusive of the requirements of the Living Wage Ordinance. If there is any conflict between the following summary and the language in the Living Wage Ordinance, the language in the Living Wage Ordinance shall prevail. These terms may supplement the specific requirements of the Living Wage Ordinance in order to effectuate its intent. For further information about bidder s obligations under the Living Wage Ordinance, an electronic version of the full Living Wage Ordinance may be obtained from the Purchasing Division s website at by clicking on Living Wage Information or by going to The Bidder, under the terms of a contract awarded subject to the Living Wage Ordinance must comply with the following requirements. By submitting a bid pursuant to these procurement specifications, a bidder is hereby agreeing to comply with the provisions of the Living Wage Ordinance and acknowledges awareness of the penalties for non-compliance. I. LIVING WAGE REQUIREMENT: A. All covered employees, including those of the Bidder s subcontractors, providing services pursuant to the Bidder s contract, shall be paid wage rates in accordance with the Living Wage Ordinance, as adjusted. The Bidder and covered subcontractors, hereinafter referred to as covered employer may comply with this living wage provision by choosing to pay no less than the lower specified hourly wage rate when said employer also provides health benefits to its covered employees. Proof of the provision of health care benefits must be submitted to the County to qualify for the living wage rate for employees with health care benefits. To comply with this requirement, the notarized compliance affidavit, Living Wage Ordinance Compliance Affidavit, Exhibit 1 of this bid attachment, should be returned with the bid but must be received prior to award. B. Covered employees shall be paid not less than bi-weekly and without subsequent deduction or rebate. The covered employer shall pay living wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. C. The covered employer must post in a prominent place at the site of the work and where paychecks are distributed, a notice (Living Wage rates poster) specifying the wages/benefits to be paid under the Living Wage Ordinance. This poster will be made available by the County. Bidders shall provide a copy of the requirements of the Living Wage Ordinance to any subcontractor submitting a bid for a subcontract under this contract, prior to their submitting a bid to the Bidder. D. The covered employer shall provide the three-language statement to each covered employee with the employee s first paycheck and every six (6) months thereafter in the manner set forth by the Living Wage Ordinance. II. LIVING WAGE - INDEXING: The living wage rate and the health benefits payment shall be annually indexed to inflation consistent with indexing methodology set forth in the Living Wage Ordinance. The living wage rates will be published by the County on an annual basis. 12/15/2011 Page 76 of 83

92 ATTACHMENT G (Continued) INVITATION FOR BID SUPPLEMENTAL SPECIAL INSTRUCTIONS TO BIDDERS LIVING WAGE ORDINANCE III. IV. SANCTIONS FOR UNPAID WAGES: In the event of any underpayment of required wage rates by the covered employer, civil and/or administrative penalties may be assessed to include sanctioning a service contractor by requiring the service contractor to pay wage restitution to the affected employee or subcontractor or by other means of sanctioning in accordance with the Living Wage Ordinance. PAYROLL; BASIC RECORDS; REPORTING: A. Each covered employer shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years beyond the termination or expiration of this contract. The covered employer shall make the covered employees payroll records required available for inspection, copying or transcription by authorized representatives of the County for a period of three years from the termination date of any County Service Contract, and shall permit such representative to interview employees during working hours. Failure to submit the required reports upon request or to make records available may be grounds for termination of the contract. The service contractor is responsible for the submission of the information required by the Living Wage Ordinance and for the maintenance of records and provision of access to same by all covered subcontractors. B. The covered employer shall submit the payroll information required every six months, to the applicable using agency s Contract Administrator, including a copy of the complete payroll for one payroll period showing employer s payroll records for each covered employee working on the contract for covered services. C. Exemption: The covered employer may request and obtain an exemption from the requirement to report and file payroll records every six (6) months from the Director of Purchasing under the conditions set forth in the Application for Exemption, Exhibit 2 of this bid attachment. V. SUBCONTRACTS: Covered employees of Bidder s subcontractors, providing covered services pursuant to the Bidder s contract, shall be paid wage rates, as adjusted, in accordance with the Living Wage Ordinance. The Bidder shall insert in any subcontracts the applicable clauses as required by the Living Wage Ordinance and also a clause requiring the subcontractors to include these clauses in all other subcontracts. The Bidder shall be responsible for compliance by any subcontractor with the Living Wage Ordinance as it applies to their subcontract. VI. COMPLAINTS AND HEARINGS; TERMINATION AND DEBARMENT: If a covered employee believes that he or she is not being paid in accordance with the Living Wage Ordinance the employee may file a complaint with the Office of Intergovernmental Affairs and Professional Standards in accordance with the County s Living Wage Complaint Procedures. Complaints will be investigated, determinations issued, and hearings afforded to the effected parties in accordance with the County s Living Wage Complaint Procedure. Covered employers found to have violated the Living Wage Ordinance may suffer any or all sanctions provided for in the Living Wage Ordinance, including wage restitution, damages, termination or suspension of payment under the contract, termination of the contract, and debarment. The Living Wage Ordinance also provides employees with a private right of action in court. 12/15/2011 Page 77 of 83

93 Covered Employer: ATTACHMENT G (Continued) EXHIBIT 1 BROWARD COUNTY LIVING WAGE ORDINANCE COMPLIANCE AFFIDAVIT (This certification must be provided prior to award of the contract) Address: Phone Number: Bid/Contract Number: Contract Amount: Local Contact: Address: Phone Number: Department Served: Brief Description of Service Provided: Please check one: By signing below I hereby certify that the covered employees listed below: A. Receive a minimum pay of $ per hour and are provided health benefits valued at $ per hour. B. Receive a minimum pay of $ per hour and are not provided health benefits. Provide names of employees and job classifications providing covered services for the above referenced contract: Name Job Class A or B Name Job Class A or B (Attach additional sheets in the format above, if needed) I,, of hereby attest that (Name) (Title) (Company) (1) I have the authority to sign this notarized compliance affidavit, (2) the following information is true, complete and correct and (3) the Company certifies that it shall: Pay all employees working on this contract/project, who are covered by the Broward County Living Wage Ordinance, as amended, in accordance with wage rates and provisions of the Living Wage Ordinance; Provide the applicable living wage statement regarding wage rates with the employee's first paycheck or direct deposit receipt as required by the Living Wage Ordinance, as amended; and (IF APPLICABLE) If health care benefits are provided under "A" above, the health care benefit meets the standard health benefit plan as described in Section (12)(b)(4), Florida Statutes, as amended. As a principle officer of the covered employer, the undersigned affirms that the referenced Florida Statute has been reviewed and the covered employer s health plan meets all the elements required by the statute, as amended. Signature Title SWORN TO AND SUBSCRIBED BEFORE ME this day of, 20 STATE OF COUNTY OF Notary Public My commission expires: (Print, type or stamp commissioned name of Notary Public) Personally Known or Produced Identification Type of Identification Produced: 12/15/2011 Page 78 of 83

94 ATTACHMENT G (Continued) EXHIBIT 2 APPLICATION FOR EXEMPTION FROM LIVING WAGE ORDINANCE REPORTING REQUIREMENTS In accordance with Broward County Ordinance No , as amended, Living Wage Ordinance (LWO), all covered employers are subject to the LWO requirement for payroll reporting unless an exemption applies and has been granted. Covered employers may submit this affidavit with their bid or proposal to apply for an exemption from these reporting requirements. Exemptions based on the categories listed below may be granted by the Director of Purchasing prior to contract award; however, an exemption may be canceled at any time by written notice to the covered employer. To request an exemption, the covered employer must complete and submit this exemption application prior to award. SECTION 1: COVERED EMPLOYER INFORMATION (SERVICE CONTRACTOR) Company Name: Contact Person: Company Address: City: State: Zip: Phone: SECTION 2: USING AGENCY AND BID/CONTRACT INFORMATION Using Agency: Bid/Contract #: Bid/Contract Title: Name of Agency Contact: Agency Contact s Phone: Bid/Contract Amount: $ SECTION 3: EXEMPTION BASIS (Check one of the options below and submit supporting documentation as requested) (LWO (e)(1); Wage History: Covered employer demonstrates to the satisfaction of the Director of Purchasing that its covered employees have been continuously paid the applicable living wage rates or higher wages for at least one (1) year prior to entering into the service contract. Required documentation: Provide or attach prior payroll records or pay scale records (by job classifications) confirming this basis for exemption. (LWO (e)(2): Contractual: Covered employer demonstrates to the satisfaction of the Director of Purchasing that the amounts paid to its covered employees are required by law or are required pursuant to a contractual obligation, such as a Collective Bargaining Agreement (CBA), union scale, etc. Required documentation: A copy of the CBA or other contractual agreement must be submitted with this application with the controlling language clearly marked, or a letter from the union stating that the union contract requires the CBA to supersede the LWO or other recognized company pay schedule as the basis for compensation provided that it exceeds the LWO wage rate amounts. SECTION 4: CERTIFICATION AND NOTARIZED COMPLIANCE AFFIDAVIT I,, of hereby attest that (Name) (Title) (Company) (1) I have the authority to sign this notarized compliance affidavit, (2) the following information is true, complete and correct and (3) the Company certifies that its wages paid to employees providing covered services under this contract/project are at least equal to or greater than the living wage per the exemption basis selected above and in accordance with wage rates and provisions of the Living Wage Ordinance, as amended. Signature SWORN TO AND SUBSCRIBED BEFORE ME this day of, 20 STATE OF COUNTY OF Notary Public Personally Known or Produced Identification Type of Identification Produced: My commission expires: (SEAL) (Print, type or stamp commissioned name of Notary Public) 12/15/2011 Page 79 of 83

95 ATTACHMENT H DOMESTIC PARTNERSHIP CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED AT TIME OF SUBMITTAL FOR VENDOR TO BE DEEMED RESPONSIVE The Vendor, by virtue of the signature below, certifies that it is aware of the requirements of Broward County s Domestic Partnership Act, (Section 16-1/2-157 of the Broward County Code of Ordinances, as amended); and certifies the following: (Please check only one below). 1. The Vendor currently complies with the requirements of the County s Domestic Partnership Act and provides benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses 2. The Vendor will comply with the requirements of the County s Domestic Partnership Act at time of contract award and provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees spouses 3. The Vendor will not comply with the requirements of the County s Domestic Partnership Act at time of award 4. The Vendor does not need to comply with the requirements of the County s Domestic Partnership Act at time of award because the following exemption(s) applies: (Please check only one below). The Vendor s price bid for the initial contract term is $100,000 or less. The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a religious organization, association, society, or non-profit charitable or educational institution. The Vendor does not provide benefits to employees spouses. The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in compliance with the Act stating the efforts taken to provide such benefits and the amount of the cash equivalent.) The Vendor cannot comply with the provisions of the Domestic Partnership Act because it would violate the laws, rules or regulations of federal or state law or would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or State of Florida. Indicate the law, statute or regulation. (State the law, statute or regulation and attach explanation of its applicability.) I,, of (Name) (Title) (Vendor) hereby attests that I have the authority to sign this notarized certification and certify that the above-referenced information is true, complete and correct. Signature Print Name SWORN TO AND SUBSCRIBED BEFORE ME this day of, 20 STATE OF COUNTY OF My commission expires: (SEAL) Notary Public (Print, type or stamp commissioned name of Notary Public) Personally Known or Produced Identification Type of Identification Produced: 12/15/2011 Page 80 of 83

96 ATTACHMENT "I" LITIGATION HISTORY Party Vendor is Plaintiff Vendor is Defendant Case Name Case Number Date Filed Name of Court or other tribunal Type of Case Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Civil Criminal Administrative/Regulatory Bankruptcy Disposition of Case Pending Settled Dismissed (Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.) Opposing Counsel Judgment Vendor s Favor Judgment Against Vendor If Judgment Against, is Judgment Satisfied? Yes Name: Phone number: No NAME OF COMPANY: 12/15/2011 Page 81 of 83

97 ATTACHMENT "J" SCRUTINIZED COMPANIES CERTIFICATION THIS FORM MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD. THIS CERTIFICATION MUST BE SUBMITTED AT THE TIME OF RFB SUBMITTAL. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED, SHALL DEEM YOUR SUBMITTAL NON-RESPONSIVE. The Vendor, by virtue of the signature below, certifies that: a. The Vendor, owners, or principals are aware of the requirements of Section , Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and b. The Vendor, owners, or principals, are eligible to participate in this solicitation and not listed on either the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the COUNTY in writing if any of its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. STATE OF COUNTY OF (Authorized Signature) (Print Name and Title) (Name of Vendor) The foregoing instrument was acknowledged before me this day of, 20, by (name of person whose signature is being notarized) as (title) of (Name of Vendor), known to me to be the person described herein, or who produced (type of identification) as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print name) State of at Large (SEAL) My commission expires: 12/15/2011 Page 82 of 83

98 ATTACHMENT K 12/15/2011 Page 83 of 83