7100423271ContractTemplate.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

AGREEMENT FOR

ELEVATOR, ESCALATOR & MISCELLANEOUS LIFT EQUIPMENT

MAINTENANCE SERVICES (STATEWIDE)

BY AND BETWEEN

NEW YORK STATE

OFFICE OF GENERAL SERVICES

AND

CONTRACT NUMBER PS_____________

wvoRK Office of General Services

TEOF

oRTUNITY. Procurement Services

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 2

Contract #PSXXXXX

TABLE OF CONTENTS

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Definitions

1.5 Appendices and Attachments

1.6 Conflict of Terms

1.7 NYS Comptroller Approval

2. CONTRACTOR QUALIFICATIONS

3. SPECIFICATIONS

3.1 General Requirements

3.2 Maintenance Plans

3.3 Basic Maintenance

3.4 Full-Service Warranty Maintenance

3.5 Pre-Maintenance Repairs

3.6 Preventive Maintenance

3.7 Fireman’s Recall Test

3.8 Time and Material (“T&M”)

3.9 Time and Material (“T&M”) for Fire Alarm and/or Security System Installation

3.10 Callback Service

3.11 Lift Equipment Parts and Materials

3.12 Safety Inspections and Tests (Excluding Fireman’s Recall Test)

3.13 Lift Equipment Downtime

3.14 Component Obsolescence

3.15 On-site Work

3.16 Staffing

3.17 On-site Elevator Mechanic

3.18 Scheduled Building Shutdowns

3.19 Subcontracting of Work

3.20 Contract Meetings

3.21 Documentation and Record Keeping

3.22 Equipment, Wiring, and Circuit Changes

3.23 Schematic Wiring Diagrams

3.24 Examination of Buildings, Lift Equipment to be Serviced and Contract Documents

3.25 Performance Evaluations

3.26 Authorized User Inspection of Work

3.27 Mini-Bid Agreement Close-Out Inspection and Repair

3.28 Deliverables

4. RESERVED RIGHTS

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4.1 Authorized User Reserved Rights

4.2 Additional Authorized User Reserved Rights

5. METHOD OF AWARD

5.1 Periodic Recruitment

5.2 Procurement Instructions for Authorized Users

6. TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Term of Mini-Bid Agreements

6.3 Short term Extension

6.4 Price

6.4.1 Monthly Maintenance Rate

6.4.2 Fireman’s Recall Testing Fee

6.4.3 Hourly Labor Rates

6.4.4 Material Markup

6.5 CPI Price Update

6.6 Ordering

6.7 Purchasing Card Orders

6.8 Minimum Order

6.9 Invoicing and Payment

6.10 Certified Payroll Records

6.11 Liquidated Damages

6.12 Contract Administration

6.13 NYS Financial System (SFS)

6.14 Insurance

6.15 Report of Contract Usage

6.16 Contractor Requirements and Procedures for Participation by New York State Certified Minority- and

Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.17 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses ... 42

6.18 Environmental Sustainability and NYS Executive Order Number 22

6.19 Diesel Emission Reduction Act

6.20 Overlapping Contract Products

6.21 Preferred Source Products

6.22 NYS Vendor Responsibility

6.23 NYS Tax Law Section 5-a

6.24 Non-State Agencies Participation in Centralized Contracts

6.25 Extension of Use

6.26 New Accounts

6.27 Drug and Alcohol Use Prohibited

6.28 Traffic Infractions

6.29 Contract Documents; Electronic Format

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 4

6.30 Request to Add a Region to an Existing Contract

CONTRACT SIGNATURE PAGE

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions Appendix D – Preventive Maintenance Specifications for Hydraulic Elevators Appendix E – Preventive Maintenance Specifications for Traction Elevators Appendix F – Preventive Maintenance Specifications for Escalators Appendix G – Preventive Maintenance Specifications for Miscellaneous Lift Equipment Appendix H – Mini-Bid Project Definition Template Appendix I – Time and Material (T&M) Proposal Form

ATTACHMENTS

Attachment 1 – Pricing Attachment 2 – Insurance Requirements Attachment 3 – Report of Contract Usage

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 5

STATE OF NEW YORK

OFFICE OF GENERAL SERVICES

AGREEMENT # PS_________

CENTRALIZED CONTRACT FOR THE ACQUISITION OF

ELEVATOR, ESCALATOR & MISCELLANEOUS LIFT EQUIPMENT MAINTENANCE SERVICES (STATEWIDE)

THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”) is made this ____ day of _________, 2023, by and between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (OGS), whose office is on the 36th Floor, Corning Tower, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242 (hereinafter referred to as the “State” or “OGS”) and ________________, having its principal place of business at ________________ (hereinafter referred to as the “Contractor”). OGS and the Contractor are collectively referred to as the “Parties.”

WHEREAS, OGS is statutorily authorized to enter into centralized contracts for services for use by New York State agencies, departments, public authorities, political subdivisions and any other entities authorized by statute to utilize its centralized contracts (hereinafter “Authorized Users”); and

WHEREAS, OGS has identified a need by New York State agencies and other Authorized Users for Elevator, Escalator and Miscellaneous Lift Equipment Maintenance Services (Statewide) as further described herein; and

WHEREAS, OGS conducted a multi-award non-competitive Solicitation to identify the Bidder(s) which could provide the Elevator, Escalator, and Miscellaneous Lift Equipment Maintenance at the best value, referred to as IFB #23271 (hereinafter the “IFB” or the “Solicitation”), which was advertised on December 20, 2022 in the New York State Contract Reporter, as required by New York State Economic Development Law; and

WHEREAS, awards were made by region to responsive and responsible Bidders that are able to meet the minimum qualifications and that offered reasonable price as determined by OGS; and

WHEREAS, awarded contractors may bid on specific Mini-Bid Project Definitions by Authorized Users in accordance with the terms of this Contract and other contracts resulting from the Solicitation. Awards made pursuant to a Mini-Bid Project Definition will be based on lowest cost, and will result in a Mini-Bid Agreement between the Authorized User and awarded Contractor; and

WHEREAS, OGS has determined that the Contractor submitted a responsive proposal for the Region(s) awarded, that the pricing proposed by Contractor is reasonable, that the Contractor is a responsible vendor, and that the Contractor is willing to provide the Elevator, Escalator, and Miscellaneous Lift Equipment Maintenance Services under the terms and conditions contained herein;

NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each party hereto from the other, the Parties hereby agree as follows:

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 6

1. INTRODUCTION

1.1 Overview

This Contract is for Elevator, Escalator & Miscellaneous Lift Equipment Maintenance Services (Statewide) as specified herein for all Authorized Users eligible to purchase through this Solicitation. This Contract is a centralized contract established by the New York State (“NYS”) Office of General Services (OGS), and the Contract is available for use by any Authorized User, as that term is defined in State Finance Law § 163(1)(k), across the State of New York, including but not limited to: New York State agencies; public authorities; political subdivisions such as cities, towns, and villages; school districts; the State University of New York (SUNY); The City University of New York (CUNY); and certain other associations, entities and non-profit organizations designated as Authorized Users under State Finance Law § 163(1)(k).

Two different types of maintenance plans shall be offered by all Contractors for the different types of Lift Equipment:

1. Basic Maintenance

2. Full-Service Warranty Maintenance

Basic Maintenance

Full-Service Warranty Maintenance

Monthly Maintenance Rate

Exception Details Monthly Maintenance Rate

Exception Details

Preventive Maintenance and Required ASME Inspections/Tests

Included N/A Included N/A

Callback Service

(Including On-site response and Troubleshooting)

Included Required Repairs reimbursed under Time and Material (T&M) provision if Repair work is required.

Included See as explained herein where Time and Material (T&M) would apply

Repairs/Replacements Not Included Time and Material (T&M) only

Included See as explained herein where Time and Material (T&M) would apply

Fireman’s Recall Test Not Included Separate fee Not Included Separate fee

Both types of maintenance plans cover the same level of Preventive Maintenance as part of the Monthly Maintenance Rate but differ as to when Time and Material can be applied for Repairs and Replacements.

Contractor shall offer maintenance services, including all inspections, adjustments, tests, parts Replacement, and Repairs necessary to keep the Lift Equipment covered under this Contract in continuous use at the established capacity and efficiency for the intended purpose. Contractor shall offer maximum not-to-exceed Monthly Maintenance Rates for each type of Lift Equipment within a Region for each type of maintenance plan. Also, Contractor shall offer maximum not-to-exceed Fireman’s Recall Test Fees and for the payment of Time and Material Repairs, the Contractor shall provide the State with maximum not-to-exceed hourly labor rates for Elevator Mechanics and Elevator Apprentices that are inclusive of the Prevailing Wage Rate and Supplemental Benefits and a materials percent markup to be charged to an Authorized User for material costs for such Repairs. These Centralized Contract Rates are included in this Contract. Should Time and Material Repairs be needed, the Authorized User has the option to accomplish such Repairs under the resulting Mini-Bid Agreement or through another qualified service provider under a separate specification quote or contract outside of this Contract.

Contractor is prequalified to competitively bid on specific projects that shall be let by Authorized Users through the use of a Mini-Bid Project Definition process. Authorized Users shall award a Mini-Bid Agreement to a single Contractor from a Mini-Bid Project Definition. -

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Authorized User competitive procurements where actual rates and markups are established, occur at the transactional level in response to Mini-Bid Project Definitions issued by Authorized Users. The Mini-Bid Project Definition allows Authorized Users the ability to specify the type of maintenance plan required for each individual Lift Equipment, the anticipated amount of Time and Material (T&M) required for the Contract term, and to include additional terms and conditions necessary to meet their needs. Authorized Users will provide Mini-Bid Project Definitions to all Contractors awarded OGS Contracts in the Region for the services requested, and it is only in response to Mini-Bid Project Definitions where Contractors should propose their actual competitive rates, based upon the requirements of the Authorized User Mini-Bid Project Definition.

This Contracts is subject to the Prevailing Wage Rate provisions of New York State Labor Law. The applicable Prevailing Wage Rate Schedule for this Contract is PRC #2022011627. A copy of the prevailing wage schedules that apply to this Contract is available at:

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1539851.The rates provided in this Contract are maximum not-to-exceed rates. The actual bill rates for each Authorized User engagement will be established in response to a particular Authorized User’s Mini-Bid Project Definition and based upon the PRC # obtained by each requesting Authorized User.

1.2 Scope

Lift Equipment Services will be provided for the following Regions:

Region Applicable Counties

1. Long Island Region Nassau and Suffolk

2. New York Region Bronx, Kings, New York, Queens, and Richmond

3. Lower Hudson Valley Region Orange, Putnam, Rockland, and Westchester

4. Hudson Valley Region Columbia, Delaware, Dutchess, Greene, Sullivan, and Ulster

5. Capital Region Albany, Rensselaer, Saratoga, Schenectady, and Schoharie

6. North Country Region Clinton, Essex, Warren, and Washington

7. Mohawk Valley/North Country Region Franklin, Fulton, Hamilton, Herkimer, Lewis, Montgomery, Oneida, and St. Lawrence

8. Central New York Region Cayuga, Cortland, Jefferson, Madison, Onondaga, and Oswego

9. Southern Tier Region Broome, Chenango, Otsego, Tioga, and Tompkins

10. Finger Lakes Region Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, and Yates

11. Western New York Region Alleghany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming

In the event that there is no award for a Region, Authorized Users may issue a Mini-Bid Project Definition to those Contractors in an adjacent Region. Contractors are under no obligation to respond to Mini-Bid Project Definitions outside of their awarded Region(s).

Contractor is not required to perform the following maintenance and Repair work:

1. Refinishing of the elevator car interior walls, Replacement of bulletin board glass, elevator car interior ceiling, elevator car floor covering, car door panels, escalator balustrades, trim and moldings;

2. Lighting ballasts and fixtures in the elevator equipment room, except for the Replacement of lamps or bulbs which is included;

3. Hoistway enclosure walls, hoistway door frames and hoistway sills;

4. Telephone company lines from the interface with the elevator with the exception of elevator telephone or intercommunication systems located within the elevator shaft which are included;

5. Main line power and cab lighting disconnect switches or circuit breakers;

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1539851

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 8

6. Replacement of broken cab handrails;

7. Emergency power plants and associated transfer switches;

8. Machine room cooling and heating equipment;

9. Replacement of sump pump;

10. Replacement of smoke/heat detectors and fire alarm system components;

11. Hydraulic cylinders, plungers, and piping which are buried and are not maintainable; and

12. Upgrading equipment to meet changes in Code requirements as may be recommended or directed by

Qualified Elevator Inspectors (QEI), insurance companies, Federal, State, Municipal, or other government authorities. The Contractor shall report changes in Code requirements to the Authorized User.

In addition to the items above, for any conditions the Contractor interprets to be excluded from the Mini-Bid Agreement, the Contractor shall notify the Authorized User in accordance with Section 3.8, Time and Material (“T&M”), of the Contract. The final determination as to what is included or excluded under the Mini Bid Agreement will be left to the Authorized User.

1.3 Estimated Quantities

This Contract shall be an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The individual value of this Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under this Contract to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the Contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized

Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized

Users than anticipated.

Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the Contract could vary substantially from the estimates provided in this Contract.

1.4 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, Definitions, or as below.

“ASME” shall refer to the most current version of the American Society of Mechanical Engineers provision that is cited.

“Business Day” shall refer to Monday through Friday from 7:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays. -

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“Callback Service” shall refer to a service provided by the Contractor 24-hour-a-day, 7 days-a-week, as defined in Section 3.10, Callback Service.

“Centralized Contract Rates” shall refer to the maximum not to exceed rates and markups awarded for the Centralized Contract.

“Dumbwaiter” shall refer to a small freight elevator that is intended to carry objects other than passengers.

“Elevator Apprentice” shall refer to a Contractor or subcontractor’s employee that is individually registered as an apprentice with the NYS Department of Labor in accordance with NYS Labor Law, Article 8, Section 220-3 and is engaged in the maintenance, service, and Repair of Lift Equipment.

“Elevator Mechanic” shall refer to someone who has a current New York State Elevator Mechanic License and is engaged in the maintenance, service, and Repair of Lift Equipment.

“Escalator” shall refer to a moving staircase that is used to transport pedestrians between floors and consists of a motor driven chain of individual, linked steps that are attached to a continuously circulating belt.

”Full-Service Warranty Maintenance” shall refer to the furnishing of all material, labor, supervision, diagnostic tools, laptops, tools, supplies, weights, and other expenses necessary to provide Preventive Maintenance, Callback Service on an as-needed basis to perform systematic examinations, adjustments, lubrication, and Repair and Replacement of system component parts and Repairs of every description

“Geared Traction Elevator” shall refer to an elevator, typically powered by an electric motor, which utilizes traction to propel the elevator with the use of worm gears or a gearbox.

“Gearless Traction Elevator” shall refer to an elevator, typically powered by an electric motor, which utilizes traction to propel the elevator without the use of worm gears or a gearbox.

“Hydraulic Elevator” shall refer to an elevator which uses hydraulics to propel the elevator. Hydraulic elevators may utilize either an underground cylinder (Conventional), an above ground cylinder (Holeless) or a combination of ropes and above ground cylinders (Roped).

“Lift Equipment” shall refer to Geared Traction Elevators, Gearless Traction Elevators, Hydraulic Elevators, Escalators, Stage Lift Elevators, Wheelchair Lifts, and Dumbwaiters collectively.

“Material Markup” shall refer to the percentage to be charged over the actual cost of the materials used for Time and Material Repairs and Replacements.

“Mini-Bid Agreement” shall refer to the resulting agreement from the competitive bidding of each Authorized User’s Mini-Bid Project Definition which is used to solicit bids from Centralized Contract holders and is used as a basis for any resulting contracts.

“Mini-Bid Project Definition” shall refer to a statement of need which is used during the Mini-Bid process to describe the Lift Equipment Pre-Maintenance Services, Maintenance Plan(s), and Time and Material (T&M) estimates that are being sought by an Authorized User.

“Miscellaneous Lift Equipment” shall refer to Stage Lift Elevators, Wheelchair Lifts and Dumbwaiters.

“Monthly Callback Service Report” shall refer to a report provided to the Authorized User by the Contractor documenting an instance of Callback Service and describing the reason for the callback, actions taken to address the callback and any further actions and/or Repairs that may be necessary.

“Monthly Maintenance Rate” shall refer to the monthly fee charged by the Contractor for the services covered by the maintenance plan for the specific type of Lift Equipment.

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“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day;

Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“On-site” shall refer to any space owned or leased by the Authorized User, or which is open to the public at which the Authorized User’s business operations are conducted.

“Overtime” shall refer to the definition as forth in New York State Labor Law Section 232.

“Pre-Maintenance Repair Services” shall refer to Repairs/Replacements to be performed at the start of an awarded Mini-Bid Agreement to bring the equipment back to good working order or into compliance with ASME codes. Pre- Maintenance Repairs may be identified by the Contractor during an initial inspection of the Lift Equipment upon commencement of the Mini-Bid Agreement and may report any deficiencies not previously identified by the Authorized User to the Authorized User.

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State

Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to all state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Prevailing Wage Rate” shall refer to the requirements of Article 8 of the New York State Labor Law, which requires public work Contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work Contract not less than the prevailing rate of wage and to provide supplementals (fringe benefits) in accordance with prevailing practices in the locality where the work is performed.

“Preventive Maintenance” shall refer to the process of routine examination, lubrication, cleaning and adjustment of parts, components, and/or subsystems for the purpose of ensuring acceptable performance in accordance with applicable ASME Code requirements, the manufacturer’s specifications, and the specifications defined in this Solicitation.

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement

(“NYSPro”) and Procurement Services Group (“PSG”).

“Qualified Elevator Inspector (QEI)” – An elevator inspector certified in accordance with ASME QEI-1 ‘Standard for Qualified Elevator Inspectors’.

“Region” shall refer to the grouping of counties within New York State listed in Section 1.2, Scope.

“Repair” as per ASME A17.1 is the reconditioning or renewal of parts, components, and/or subsystems necessary to keep equipment in compliance with applicable Code requirements and manufacturer specifications.

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“Replacement” as per ASME A17.7 shall mean the substitution of a device or component and/or subsystems in its entirety, with a unit that is basically the same as the original for the purpose of ensuring performance in accordance with applicable Code requirements and the manufacturer’s specifications.

“Replacement Services” shall mean the substitution of a device or component and/or subsystems in its entirety, with a unit that is basically the same as the original for the purpose of ensuring performance in accordance with applicable Code requirements and the manufacturer’s specifications, necessary to keep the Lift Equipment operational.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business

“Service Facility” shall refer to the Contractor-operated, physical location where the Contractor’s elevator mechanics report.

“Stage Lift Elevator” shall refer to specialized elevators lacking a cab or doors but possessing other safety equipment instead. They are typically powered by hydraulics and are used to raise or lower entire sections of a theatre or gallery stage.

“Time and Material (T&M)” shall refer to Repair and/or Replacement services as defined in this Solicitation and shall be performed anytime the preventive maintenance, test or inspection identifies equipment and parts that have failed or are worn out. The Contractor shall bring back to working order, equipment or parts malfunctioning or damaged, due to wear-and-tear, or failure detected during regular preventive maintenance, tests or inspections.

“Time and Material (T&M) Proposal” shall refer to the form that the Contractor completes and submits to the Authorized User to propose the Repair and/or Replacement services to be performed by describing in detail the work to be performed, the materials needed and their costs, and the labor needed and their costs and a summary of the cost of the work.

“Troubleshoot” shall refer to the process of determining the cause of Lift Equipment malfunctions and performance issues, which may include information gathering, inspections, and adjustments. Additional Contractor personnel may be required as needed.

“Wheelchair Lift” - A fully powered device used to raise a wheelchair and its occupant to overcome a step or similar vertical barrier or to transport a wheelchair and its occupant between floors of a building.

1.5 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Contract as if fully set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions

Appendix D – Preventive Maintenance Specifications for Hydraulic Elevators Appendix E – Preventive Maintenance Specifications for Traction Elevators Appendix F – Preventive Maintenance Specifications for Escalators Appendix G – Preventive Maintenance Specifications for Miscellaneous Lift Equipment Appendix H – Mini-Bid Project Definition Template Appendix I – Time and Material (T&M) Proposal Form

Attachment 1 – Pricing Attachment 2 – Insurance Requirements Attachment 3 – Report of Contract Usage

1.6 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 12

1. Appendix A, Standard Clauses for New York State Contracts;

2. This Contract;

3. Appendix B, General Specifications;

4. All other appendices and attachments to this Contract;

1.7 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, this Contract shall not be valid, effective or binding upon the State until such Contract has been approved by the Office of the New York State Comptroller (“OSC”).

Purchase orders or other procurement transactions issued under such Contract(s) may also be subject to OSC approval.

2. CONTRACTOR QUALIFICATIONS

Contractor is advised that the State’s intent in having the requirements listed below is to ensure that only a qualified and reliable Contractor performs the work of this Contract. Contractor shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Contractor’s ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under this Contract as it deems necessary to ensure safe and satisfactory work.

The Contractor shall meet the following minimum qualifications regarding its organizational requirements:

1. The Contractor shall hold an active New York State Elevator Contractor License issued by the New York State Department of Labor throughout the term of this Contract (https://dol.ny.gov/elevator-licensing-information). The license shall be in the name of the Contractor; and

2. The Contractor shall be able to provide service in the Region awarded.

3. SPECIFICATIONS

All work performed under this Contract and subsequent Mini-Bid Agreements shall be performed in accordance with the following sections.

No guarantee of work is implied or given. The Authorized User has the right to assume portions of Time and Material (T&M) at any time upon written notice to the Contractor.

3.1 General Requirements

All work shall be done in accordance with the requirements of these specifications and the latest adopted editions of ASME A17.1, Safety Code for Elevators and Escalators, A17.2 Inspectors Guide for Elevator and Escalators and A17.3 Safety Code for Existing Elevators and Escalators (including supplements) hereinafter referred to as ASME A17; and A18.1-Safety Standard for Platform Lifts and Stairway Chairlifts. The safety practice and procedures in the “Elevator Industry Field Employees Safety Handbook” shall also be followed when performing maintenance and Repairs.

All systems, components, and equipment covered under this Contract shall be maintained at the highest level of efficiency compatible with current New York State Energy Conservation Code requirements and maintained at an acceptable level throughout the Contract period. An acceptable level of maintenance is defined as that level of maintenance that will preserve the equipment in unimpaired operating condition (i.e., above the point where deterioration will begin, thereby increasing the normal life expectancy of the equipment).

An Authorized User shall identify the Lift Equipment to be serviced in the Mini-Bid Project Definition. The Contractor shall be responsible for inspecting, maintaining, and Repairing the Lift Equipment identified, and all associated components not specifically listed that are supplemental to and a part of the operation of the overall -https://dol.ny.gov/elevator-licensing-information

GROUP 71004 – Elevator, Escalator & Misc. Lift Equipment Maintenance Services (Statewide) PAGE 13

Lift Equipment. Contractor shall verify all Lift equipment listed in the Mini-Bid Project Definition during the mandatory site visit during the Mini-Bid process.

Should a Mini-Bid Project Definition include any freight elevators that are authorized to carry passengers, such elevators shall be inspected and maintained as a passenger elevator.

3.2 Maintenance Plans

Two different types of maintenance plans shall be offered in every Region awarded to Contractor:

1. Basic Maintenance

2. Full-Service Warranty Maintenance

Basic Maintenance

Full-Service Warranty Maintenance

Monthly Maintenance Rate

Exception Details Monthly Maintenance Rate

Exception Details

Preventive Maintenance and Required ASME Inspections/Tests

Included N/A Included N/A

Callback Service

(Including On-site response and Troubleshooting)

Included Required Repairs reimbursed under Time and Material (T&M) provision if Repair work is required.

Included See as explained herein where Time and Material (T&M) would apply

Repairs/Replacements Not Included Time and Material (T&M) only

Included See as explained herein where Time and Material (T&M) would apply

Fireman’s Recall Test Not Included Separate fee Not Included Separate fee

Both types of maintenance plans cover the same level of Preventive Maintenance as part of the Monthly Maintenance Rate but differ as to when Time and Material can be applied for Repairs and Replacements.

3.3 Basic Maintenance

The Basic Maintenance plan shall include all Preventive Maintenance services (Section 3.6), Callback Service (Section 3.10), and required ASME inspections and tests (Section 3.12, Safety Inspections and Tests (Excluding Fireman’s Recall Test)). Any other required services shall either have a separate fee such as the Fireman’s Recall Test (Section 3.7) or fall under the Time and Material provision (Section 3.8) of the Contract.

3.4 Full-Service Warranty Maintenance

The Full-Service Warranty Maintenance plan shall include the furnishing of all material, labor, supervision, diagnostic tools, laptops, tools, supplies, weights, and other expenses necessary to provide Preventive Maintenance (Section 3.6,), all required ASME inspections and tests, and Callback Service (Section 3.10) on an as-needed basis to perform systematic examinations, adjustments, lubrication, and Repair and Replacement of system component parts and Repairs of every description.

The Contractor shall complete the Repairs/Replacements within four (4) business days of receipt of the Authorized User approval unless otherwise directed by the Authorized User. If the Repairs/Replacements cannot be performed within four (4) business days, the Contractor must notify the Authorized User in writing and provide just cause for any delay. Just cause for any delay may only include circumstances outside the control of the Contractor such as work on obsolete equipment and proprietary systems manufactured by others.

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The only circumstance where the Contractor shall not be obligated under this agreement to Repair damage at no additional cost is where such damage was caused by fire or other act of God (except that which is caused by the Contractor) or by the willful destruction of the equipment by the Authorized User, clients, employees, or visitors.

With respect to Repair for which the Contractor is not obligated under this section, the Authorized User will pay in arrears for any services at Contractor’s time and material rates for any Authorized User approved Time and Material (T&M) Proposals.

3.5 Pre-Maintenance Repairs

Once awarded a Contract by an Authorized User, the Contractor shall make an initial inspection of the Lift Equipment upon commencement of the Contract and report any deficiencies not previously identified by the Authorized User to the Authorized User. If any Repairs are identified within fifteen (15) calendar days of the commencement of the Mini-Bid Agreement, the Contractor shall submit a T&M Proposal using the Contractor’s Time and Material rates; however, the Authorized User reserves the right to solicit offers from, and have corrections, or Repairs made by, other Contractors.

For Lift Equipment covered under a Full-Service Warranty Maintenance Plan, any Repairs not identified by the Contractor and reported to the Authorized User within the first fifteen (15) calendar days of the commencement of the Mini-Bid Agreement shall become the responsibility of the Contractor to Repair under the Full-Service Warranty Maintenance provision of the Contract.

If Lift Equipment was previously maintained by the same Contractor under a Full-Service Warranty Maintenance Plan, any deficiencies identified in the initial inspection that would have been covered under the Full-Service Warranty Maintenance provision of the last Contract or Mini-Bid Agreement shall become the responsibility of the Contractor to Repair under the Full-Service Warranty Maintenance provision of the Contract.

For all Pre-Maintenance Repairs, the Authorized User reserves the right to solicit offers from, and have the work completed by, other vendors.

3.6 Preventive Maintenance

1. For both maintenance plans listed in Section 3.2, Maintenance Plans, Preventive Maintenance services are the process of inspection, routine examination, lubrication, cleaning and adjustment of parts, components, and/or subsystems for the purpose of ensuring acceptable performance in accordance with the specifications herein, the applicable ASME Code requirements and the manufacturer’s specifications. Contractors shall perform the Preventive Maintenance tasks in accordance with the appendices listed below.

Appendix D – Preventive Maintenance Specifications for Hydraulic Elevators Appendix E – Preventive Maintenance Specifications for Traction Elevators Appendix F – Preventive Maintenance Specifications for Escalators Appendix G – Preventive Maintenance Specifications for Miscellaneous Lift Equipment

Authorized Users shall have the option of amending any of these appendices for their Mini-Bid Project Definition that shall be issued to all awarded Contractors for the Region being bid.

2. The maintenance tasks are to be completed without affecting the function and operation of the Authorized

User. The scheduling of all maintenance and Repair tasks are to be pre-approved by the Authorized User.

The Contractor shall contact the Authorized User at least 72 hours prior to the commencement of any scheduled maintenance work as a reminder.

3. The Contractor’s not-to-exceed Monthly Maintenance Rate (Section 6.4.1, Monthly Maintenance Rate) established as a result of this Contract shall include the cost of all labor, overhead, materials and supplies to meet the Preventive Maintenance requirements including, but not necessarily limited to, the Preventive Maintenance requirements contained in the manufacturer’s specifications, ASME A.17 and ASME A.18.1. It shall also include all ASME required Elevator testing and inspections and all administrative and reporting requirements.

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4. Preventive Maintenance Checklist(s) shall be provided to the Contractor by the Authorized User after Contract award. Authorized Users have the option of using the Preventive Maintenance Checklists contained in the appendices below, issuing their own version, or accepting the Contractor’s version of the checklist so long as it matches the Preventive Maintenance tasks assigned.

5. Contractor shall submit a completed Preventive Maintenance Checklist, in a format (i.e., digital, original paper, etc.) acceptable to the Authorized User, for the type of service (i.e., monthly maintenance, quarterly maintenance, semi-annual maintenance, or annual maintenance), and equipment that was serviced, at the end of each visit to the Authorized User representative, or their assigned designee, for review and signature prior to leaving the site. The checklists must be given to the Authorized User at the time of service/inspection, or other time at the discretion of the Authorized User, in order to invoice for the Monthly Maintenance Rate for the Lift Equipment being serviced. Should both the Authorized User representative and designee be unavailable prior to leaving the site, the Contractor shall submit the Preventive Maintenance Checklists via e-mail to the Authorized User representative, or his assigned designee, within 24 hours of leaving the site. The Elevator Mechanic must initial the Preventive Maintenance Checklist when each maintenance task is successfully completed for the equipment covered in the Preventive Maintenance service. If a specific piece of equipment was not serviced, or a task is not applicable to a specific piece of equipment, include on the checklist a written notation explaining the reason for non-service. The Authorized User assumes that any equipment listed in the checklist that is not initialed by the Elevator Mechanic, was not performed. The Contractor is required to provide written documentation describing why any task was not successfully performed. Successful completion and documentation, or written documentation justifying non-performance, for all tasks is required before invoices for Monthly Maintenance Rates will be paid (see Section 6.9, Invoicing and Payment).

6. Should the Contractor fail to perform the required maintenance tasks at the specified frequencies outlined in the Preventive Maintenance specifications appendices or if amended by the Authorized User in the Mini-Bid Agreement, the Authorized User reserves the right to make a deduction from the Contractor’s monthly invoice per the schedule referenced in Section 6.11, Liquidated Damages.

7. In the event the Authorized User fully or partially suspends a Mini-Bid Agreement in accordance with

Appendix B, Section 42, Suspension of Work, the Contractor shall not be responsible for Preventive Maintenance during the suspension period. Following the suspension, Contractor shall resume providing Preventive Maintenance pursuant to the Mini-Bid Agreement. The Contractor is not responsible to perform any Preventive Maintenance that would have been due during the suspension period.

3.7 Fireman’s Recall Test

Contractor shall have a maximum not-to-exceed Fireman’s Recall Test Fee for Region(s) awarded.

All Hydraulic and Traction (geared and gearless) Elevators shall have the following ASME Code A17.1 service performed monthly:

1. Phase 1- EMERGENCY RECALL OPERATION:

a. Initiate by inserting key in key switch at lobby or designated level. Turn key to “ON” position. Wait for all elevators to return to that floor and their doors to fully open. If test is for Phase I only, turn key to “OFF” position and remove.

2. Phase 2 - EMERGENCY IN CAR OPERATION:

a. Remove key from designated level key switch while still in the “ON” position. Push next floors car button.

Push “Door Close” button and hold until doors are fully closed. When car stops at next floor, push “Door Open” button and hold until doors are fully opened. Return key to “OFF” position. Remove key, repeat for next elevator. -

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3. CLEAR: To clear Fireman’s Recall Test, insert key into designated level key switch. Turn to “OFF” position and remove key.

4. Contractors are required to complete the Fireman’s Recall Test checklist and submit it to the Authorized User after the completion of the test.

Note: The Authorized User may elect to have the Monthly Fireman’s Recall Service performed by a third-party agent or performed by the Authorized User’s safety and security personnel. The Contractor will be responsible to perform this service, unless otherwise notified by the Authorized User, in writing, not to perform the services.

3.8 Time and Material (“T&M”)

For reference purposes, a Time and Materials (T&M) Proposal Form (Appendix I) (“T&M Proposal”) to Repair/replace materials that are not covered by the Basic Maintenance or Full-Service Warranty Maintenance plans is provided. The Contractor shall present, within two (2) business days, a completed T&M Proposal along with an itemized quote for material and labor to the Authorized User for any additional work not covered under the terms of this Contract. The Authorized User will decide how to proceed with all Repairs. The Authorized User can implement the Repairs using Contractor, Authorized User staff, or other Contracted labor, without penalty.

The Authorized User also maintains the right to supply materials directly to the Contractor without penalty or charge. No work should commence without the prior approval of the Authorized User. Authorized User review and approval (signature of the Authorized User designee) are required for each item replaced/Repaired/supplied under the T&M allowance.

1. The Contractor will develop and submit a “Not to Exceed” cost for Repair, including labor and material. The use of a Subcontractor to complete Repairs for specialty work is acceptable and may be invoiced at the Contract labor rates in the Authorized User’s Mini-Bid Project Definition or may be included in the material cost section subject to the material allowance in the Mini-Bid Agreement. Please note that if subcontractors are to be used, the requirements of Section 3.19, Subcontracting of Work, shall be met. Subcontractor costs under the material cost section must include a detailed breakdown of labor hours, labor rate (subject to prevailing wage requirements), and material costs. The Authorized User also maintains the right to request a T&M Proposal for Repairs and/or material during the term of the Contract without penalty or charge. The Contractor may contact the Authorized User to discuss the Repair before submitting the T&M Proposal;

however, the Contractor shall provide written justification if a “Not to Exceed” quote is not provided within two (2) business days. If the Authorized User approves the T&M Proposal, the Contractor will be given written notification of the approved T&M Proposal, in a format to be determined by the Authorized User, to proceed with the work.

The Contractor shall perform the Repairs/Replacements within four (4) business days of receipt of the Authorized User written approval unless otherwise directed by the Authorized User. If the Repairs/Replacements cannot be performed within four (4) business days, the Contractor must notify the Authorized User in writing and provide just cause for any delay. Just cause for any delay may only include circumstances outside the control of the Contractor such as work on obsolete equipment and proprietary systems manufactured by others.

2. Any incurred cost over the approved “Not to Exceed” amount will not be paid.

3. If the Repair is of an urgent nature (if the failure of the equipment will impact safety or comfort or will consequently cause extensive or expensive damage or loss to other equipment and/or furnishings), the Contractor is to notify the Authorized User representative immediately. If necessary, the Authorized User will direct the Contractor to perform tasks on an emergency basis. Subsequent to the emergency service (including Callback Service as applicable), the Contractor shall develop and submit, on the completed T&M Proposal Form, a description of the emergency work performed with actual hours and material charged to the emergency work. All backup documentation described in Section 6.9, Invoicing and Payment, is required to be submitted with the emergency T&M for payment. The invoice for T&M work shall include documentation providing:

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a. The signed T&M Proposal Form;

b. An explanation and justification of the Repair tasks;

c. The actual labor hours and Mini-Bid Agreement hourly labor rate, including Repair service tickets;

d. The actual material cost and Mini-Bid Agreement material markup, including material receipts from suppliers;

e. The Authorized User’s sign-in/out log (or other document as agreed to by the Authorized User), indicating time On-site applicable to the T&M project; and

f. Itemized invoices from subcontractors (as applicable).

4. Repair any and all damage caused by Contractor to the Authorized User’s buildings or property at the expense of the Contractor, to the full satisfaction of the Authorized User.

5. At the Authorized User’s request, the Contractor shall provide training in elevator operation as required under the T&M allowance. This training shall include emergency lowering of the elevators, routine inspection requirements, starting and operating procedures, response to alarms, and problem diagnostics (controls/mechanical). Training is to be provided on a T&M basis either on or off-site as agreed to by Authorized User. The training shall be invoiced at the Elevator Mechanic Straight Time hourly labor rate from the Authorized User’s Mini-Bid Project Definition.

6. At the Authorized User’s request, the Contractor shall a submit a T&M Proposal to assist in any Lift

Equipment related building/system shutdowns or maintenance.

3.9 Time and Material (“T&M”) for Fire Alarm and/or Security System Installation

The following tasks are to be performed after Authorized User approval of a T&M Proposal in the event of fire alarm and/or security system installation:

1. As required, and directed by the Authorized User, the Contractor shall coordinate with the Authorized User’s fire alarm and/or security system vendor during the installation of a new fire alarm and/or security systems at the Authorized User’s premises. The Contractor shall perform the following under the Time and Material provision of the Contract:

2. The following tasks are…