7100423271Webinar.pdf

October 30, 2023

Group 71004 – Award 23271

How to Use the Elevator, Escalator & Miscellaneous Lift Equipment Maintenance Services Award (Statewide)

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Housekeeping

• Questions can be submitted using the Webex Chat feature

• Questions will be addressed at the end of the webinar

• Presentation will be posted to the contract award landing page https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271can.htm https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271can.htm

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Webex Chat Feature

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Presenters Name

• Title

– Questions regarding the contract award should be submitted to:

OGS.sm.PS_ElevatorLiftEquipment@ogs.ny.gov

Name Title

Terri Allen Contract Management Specialist

William Edson Contract Management Specialist

Adriana Rokov Contract Management Specialist

Stacey Savage Contract Management Specialist mailto:OGS.sm.PS_ElevatorLiftEquipment@ogs.ny.gov

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Note Regarding This Presentation

• All terms and conditions of the contract award cannot be addressed within this presentation

• Authorized users (AUs) should read the contract and other award-related documents in full to familiarize themselves with the contract’s terms

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Agenda

• Who Can Use the Contract

• How to Find the Contract

• Landing Page Contents

• When to Use/Not Use the

Contract

• Similarities with/Changes from

Award 22913

• Lift Equipment

• Regions

• Maintenance Plans

• Preventive Maintenance

• Time and Material (“T&M”)

• Callback Service

• Prevailing Wage Rates

• Rates and Fees

• Mini-Bid Process Preparation

• Mini-Bid Project Definition Demo

• Evaluation of Mini-Bids

• Notification and Award

• Mini-Bid Agreement Procurement

• Mini-Bid Agreement Monitoring

• Questions

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Who Can Use the Contract Award

• Award 23271’s backdrop contracts streamline the procurement of lift equipment maintenance services for AUs of NYS Office of General Services (OGS) centralized contracts, including but not limited to:

– NYS agencies

– Public authorities

– Political subdivisions such as cities, towns, and villages

– School districts

– State University of New York (SUNY)

– City University of New York (CUNY)

– Certain other associations, entities and non-profit organizations per State Finance Law § 163(1)(k)

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How to Find the Contract Award

• The contract award and corresponding information can be found on the OGS website

• All contract documents can be accessed from the landing page:

– https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271c an.htm

• A contract template can be found on the Contract Specifics page:

– https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271s pecifics.pdf

• A copy of each contractor’s fully executed contract is available on the Contractor Information Summary page:

– https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271c ontractorinfo.pdf https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271can.htm https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271specifics.pdf https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271contractorinfo.pdf

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Landing Page Contents

• Award Document – Award information, OGS contact, contractor list

• Contract Updates – All contract award updates

• Contractor Information – Listing of regions, contractor information with links to their executed contracts and the Region & Pricing Summary

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Landing Page Contents

• Contract Specifics – Region &

Pricing Summary, Mini-bid Project Definition Template, Time and Material (T&M) Proposal Form, How to Use, FAQs, Contract Template, preventive maintenance specifications, checklists, and Contractor Sales Report Template

• Customer Service – Contact information for Customer Services and the Contract Performance Report

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When To Use This Contract The following services are available under this contract award:

• Preventive maintenance

• Call-back service

• Time and material repairs

• Notification of conditions requiring repair

• Safety inspections and tests

• Fire service testing

• Contract meetings

• Access for repairs

• Training in elevator operation

• Staffing for scheduled building shutdowns

• On-site mechanic, if required by the mini-bid project definition

• Documentation and recordkeeping

• Preparation of as-built drawings for equipment, wiring and circuit changes

• Preparation of schematic wiring diagrams

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When Not to Use This Contract Contractor is not required to perform the following maintenance and repair work:

• Modernization of existing lift equipment

• 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

• Lighting ballasts and fixtures in the elevator equipment room (except for the replacement of lamps or bulbs which is included)

• Hoistway enclosure walls, hoistway door frames and hoistway sills

• 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)

• Main line power and cab lighting disconnect switches or circuit breakers

• Replacement of broken cab handrails

• Upgrading equipment to meet changes in code requirements

Consult Section 1.2, Scope of the contract for a complete list

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Similarities with Previous Award 22913

• Same four types of lift equipment covered

• Award based on regions

• Mini-bid project definition process must be performed

• Prevailing wage - each project needs own PRC #

• Site visit is mandatory

• Preventive maintenance, inspections and tests covered under the monthly maintenance fee (no additional fees applicable)

• Fireman’s recall test separate fee

• Elevator contractors, mechanics, and inspectors must be licensed

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Award 22913 (Previous) Award 23271 (New)

Awarded by lots within regions No lots (contractors required to offer both maintenance plans for all lift equipment types)

Mini-bid project definitions awarded on best value Mini-bid project definitions awarded on lowest total cost

10% MWBE goals 0% MWBE / 0% SDVOB goals

One type of maintenance plan Two types of maintenance plans

Only one site visit allowed If necessary, multiple site visits can occur

Mini-bid contract numbers assigned by OGS Procurement Services

Authorized users will issue purchase orders or equivalent

Maintenance control plans developed by contractor following award

Contract contains maintenance specifications and checklist forms which can be customized

Labor markup rates Inclusive straight time and overtime hourly rates

Changes from Award 22913

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Award 22913 (Previous) Award 23271 (New) Corrective maintenance T&M proposals with restrictions based on plan

11 regions across the state 11 regions with some Upstate regions redefined

Liquidated damages formula based on working days Liquidated damages formula simplified and stronger

Mini-Bid Project Definition Template in Word Mini-Bid Project Definition Template in Excel – calculations done automatically and bids may be done electronically

Invoicing and payment requirements Invoicing and payment requirements have been modified to comply with OSC requirements

OSHA 10 Safety Training Course requirement for contractor’s and/or subcontractor’s employees for mini-bids of $250,000 or more

Pre-maintenance repairs bid separately as part of contractor bid response

Inclusive straight time and overtime hourly rates with possible restrictions based on plan

Section 4 - Reserved Rights

Changes from Award 22913

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Lift Equipment The following are the types of lift equipment covered under the contract:

• Traction elevators

– Geared

• Hydraulic elevators

• Escalators

• Miscellaneous lift equipment

– Dumbwaiters

– Wheelchair lifts

See Section 1.4, Definitions for more details

– Gearless

– Stage lift elevators

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Regions

• Contractors were awarded based on regions

• Authorized users are required to solicit bids for their mini-bid project definition from all contractors awarded the applicable region

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Regions

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Maintenance Plans 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 T&M would apply

Repairs/Replacements Not Included T&M only Included See as explained herein where T&M would apply

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

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Preventive Maintenance

• 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 American Society of Mechanical Engineers (ASME) code requirements and the manufacturer’s specifications

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Preventive Maintenance

• Contractors shall perform the preventive maintenance tasks in accordance with the contract appendices listed below unless modified by the authorized user in their mini-bid project definition

– 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 for Miscellaneous Lift Equipment

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Time and Material (“T&M”)

• Repair/replacement materials and labor that are not covered by the basic maintenance or full-service warranty maintenance plans will require the completion of the Time and Material (T&M) Proposal Form (“T&M Proposal”)

• The T&M Proposal will be a “not to exceed” cost for repair, including labor and material, submitted for the authorized user’s written prior approval

• The authorized user will decide how to proceed with all repairs

• The authorized user can implement the repairs using contractor (as per their T&M Proposal), authorized user staff, or other contracted labor without penalty

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• The contractor shall present, within 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 contractor shall perform the repairs/replacements within 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 4 business days, the contractor must notify the authorized user in writing and provide just cause for any delay

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• 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

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• 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

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Time and Material (“T&M”) Proposal Form

• The contractor completes:

– Section I: T&M Identification and Contact Information

– Section II: T&M Justification

– Section III: T&M Scope of Work

– Section IV: T&M Not-to-Exceed Quote including number of labor hours by title, hourly rates, and material, equipment, and subcontractor (if any) costs

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Time and Material (“T&M”) Proposal Form

• The authorized user completes:

– Section V: Authorized User Health & Safety Justification

• The contractor signs the T&M Proposal before submitting it to the authorized user who will sign the T&M Proposal if accepted

• Please follow the instructions on page 2 of the T&M Proposal Form

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Callback Service

• Callback service is when the authorized user has determined that the contractor shall respond on-site to investigate and troubleshoot improperly working lift equipment

• The contractor shall provide 24-hour-a-day, 7 days-a-week callback service

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• In the event of callback service, a journeyman elevator mechanic will report to the site of the call when requested by the authorized user, in accordance with the following schedule:

1. Within 1 hour after receipt of authorized user request for any stalled lift equipment containing a trapped passenger

2. Within 2 hours after receipt of authorized user request for any elevator(s) covered by the contract o After discussion with the contractor, the authorized user may elect to have the contractor report to the site within the first 2 business hours of the next business day

3. Only the authorized user is allowed to alter the above callback service response time upon written notice to the contractor

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• The contractor’s time to appear on-site, investigate and troubleshoot the reason for the callback service is included in the contractor’s monthly maintenance rate

• The contractor may only invoice for T&M (Section 3.8) to make repairs resulting from callback service under the following conditions:

1. If the lift equipment is covered under a basic maintenance plan unless the callback is due to the fault or negligence of the contractor, which shall be determined by the authorized user

2. If the lift equipment is covered under a full-service warranty maintenance plan and the work performed is not the responsibility of the contractor (e.g., repairs for vandalism, fire, acts of God, or by the willful destruction of the equipment by the authorized user, clients, employees, or visitors)

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Prevailing Wage Rates

• Article 8 of New York State Labor Law requires the contractors 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 where the work is performed

• Authorized users are required to obtain a prevailing rate case (PRC) number with the corresponding Prevailing Wage Rate Schedule from the NYS Department of Labor, Bureau of Public Work, for each mini-bid project definition

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Rates & Fees

• Applicable rates & fees depend on the mini-bid project definition designed by the authorized user and may include:

– Monthly maintenance rates (plan and lift equipment specific)

– Fireman’s recall testing fees (only applicable to elevators)

– Straight time hourly rates (elevator mechanic and apprentice)

– Overtime hourly rates (elevator mechanic and apprentice)

– Material markup rate (%)

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Rates & Fees

• All rates and fees bid for a mini-bid project definition are not-to-exceed rates which may never exceed the applicable contractor’s regional rates and fees under the centralized contract

• All rates and fees under the centralized contract are available on the Region & Pricing Summary which can be found on the Contract Specifics page

– https://online.ogs.ny.gov/purchase/snt/awardnotes/710042

3271specifics.pdf https://online.ogs.ny.gov/purchase/snt/awardnotes/7100423271specifics.pdf

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Monthly Maintenance Rate

• Not-to-exceed fee to perform maintenance work covered by the maintenance plan selected by the authorized user on the mini-bid project definition

• Rate includes all labor and materials required to provide the preventive maintenance, callback Service (response and troubleshooting), inspection and testing services, all administrative, reporting, or other requirements, all overhead costs and profit, all travel expenses including mileage and fuel costs, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc.

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Monthly Maintenance Rate

• Repair and replacement services may be covered based upon chosen maintenance plan

• Contractor bids one monthly maintenance rate per lift equipment as part of their bid on a mini-bid project definition

• Different price values may be bid on each individual piece of lift equipment

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Fireman’s Recall Testing Fee

• Not-to-exceed fee to perform each fireman’s recall test on a monthly basis

• See Section 3.7, Fireman’s Recall Test for details of the test

• Only applicable to either traction or hydraulic elevators

• The authorized user may elect to have this service performed by a third-party agent or by the authorized user’s safety and security personnel on all or a subset of their elevators

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Fireman’s Recall Testing Fee

• The Mini-Bid Project Definition Template allows the authorized user to designate which (if any) elevators will require this service

• If noted as desired on the mini-bid project definition, contractor bids one fireman’s recall testing fee as part of their bid on a mini-bid project definition

• Same testing fee will apply to each elevator requiring the service

– Example: If fee under the mini-bid agreement is $25 and two elevators receive fireman’s recall test in a month, monthly total would be $25 x 2 = $50

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• Not-to-exceed hourly labor rates are the rates the contractor can charge for all T&M repairs and replacements

• Straight time is defined as an 8-hour day, Monday through Friday

• Overtime includes all other times such as NYS holidays and weekends except hours/days indicated as straight time

• Contractor bids up to four separate hourly labor rates as part of their bid on a mini-bid project definition as required by the authorized user

Hourly Labor Rates

Elevator Mechanic

• Straight time hourly rate

• Overtime hourly rate

Elevator Apprentice

• Straight time hourly rate

• Overtime hourly rate

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Material Markup

• Not-to-exceed markup percentage is the percentage the contractor can charge over the actual cost for materials used in all T&M repairs and replacements

• Material markup includes all costs such as freight, overhead, profit, etc.

• No additional compensation will be allowed in addition to the material markup

• Contractor bids one material markup as part of their bid on a mini-bid project definition

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What is a Mini-Bid?

• A mini-bid project definition is the statement of need which is used during the mini-bid process to describe the lift equipment, pre-maintenance repairs, maintenance plan(s), T&M estimates and other optional contract services that are being sought by an authorized user

• It is used to solicit bids from the region’s awarded centralized contract holders

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What is a Mini-Bid?

• A mini-bid agreement is the resulting agreement from the competitive bidding of the authorized user’s mini-bid project definition and is used as a basis for any resulting contract

• A mini-bid agreement may be awarded for up to a 5 year term

– However, the 5 year term cannot surpass the expiration date of the centralized contract term by more than 3 years

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What Should I Do Before Conducting the Mini-Bid?

1. Be aware of the authorized user reserved rights (Section 4 of contract)

2. Perform a survey of current needs for lift equipment including any current code deficiencies o If possible, have a third-party qualified elevator inspector evaluate your equipment to identify if there are repairs that may be the responsibility of the current contractor before bidding o Have the current contractor remedy the deficiencies if they were contracted under a full-service warranty contract

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3. Identify any specific service needs such as an on-site mechanic, preparation of schematic wiring diagrams, or special reporting needs

4. Determine the type of maintenance plan needed for each piece of lift equipment

5. Determine if monthly fireman’s recall testing is needed for each applicable elevator

6. Determine when to schedule the mandatory site visit and who should attend from your agency o Request the current contractor’s elevator mechanic to attend

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7. Depending on the type of maintenance plan(s) requested, estimate the number of T&M labor hours needed per month per labor title (e.g., mechanic, apprentice) based on previous maintenance records for use in the MONTHLY MATERIAL ALLOWANCE, ESTIMATED HOURS, AND CONTINGENCY section of the mini-bid project definition

8. Identify all pre-maintenance repairs that will need to be performed by next maintenance provider in order to further develop the estimated number of labor hours and material allowance needed for the

MONTHLY MATERIAL ALLOWANCE, ESTIMATED HOURS, AND

CONTINGENCY section of the mini-bid project definition

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9. Review current list of qualified contractors for the applicable region

10. Request a prevailing rate case (PRC) from the NYS Department of Labor Bureau of Public Work (DOL) at:

– https://dol.ny.gov/public-work-and-prevailing-wage https://dol.ny.gov/public-work-and-prevailing-wage

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Creating the Mini-Bid Project Definition

• The Mini-Bid Project Definition Template is available for authorized users to complete and customize based on their individual needs so long as the terms and conditions of the centralized contract take precedence

DEMONSTRATON OF MINI-BID PROJECT

DEFINITION TEMPLATE

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Evaluation of Mini-Bids The process for evaluating a mini-bid is as follows:

1. The authorized user shall reject any bid which includes pricing in excess of the contractor’s centralized contract rates ─ The centralized contract rates for each contractor is available on the Region & Pricing Summary document

a) Should only one bid be received, the authorized user can request the contractor lower their pricing consistent with or below their applicable centralized contract rate(s) ─Should contractor’s response to the request not be at or below their centralized contract rates, their bid shall then be rejected

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The process for evaluating a mini-bid is as follows (cont.):

b) If only one bid is received, the authorized user is advised to canvass the eligible contractors for the applicable region to determine if rebidding is an option

2. Verify that contractor responded to all authorized user requested pricing, including all applicable lift equipment, T&M labor rates and material markup, and fireman’s recall testing

3. Confirm contractor’s attendance at a mandatory site visit.

4. Verify NYS license(s)

5. Verify OSHA 10 training certification of submitted elevator mechanics if the value of the mini-bid agreement will be $250,000 or more

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The process for evaluating a mini-bid is as follows (cont.):

6. Contractors are not permitted to unilaterally add their own terms and conditions to a mini-bid response or a subsequent agreement

─ In the event a contractor attempts to attach their own terms and/or conditions to a proposed mini-bid project definition or subsequent mini-bid agreement, the authorized user may allow additional terms and conditions to be incorporated into the mini-bid agreement provided that all of the following conditions have been met

a) The contractor identifies such terms and conditions in contractor’s response to the authorized user’s mini-bid project definition

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The process for evaluating a mini-bid is as follows (cont.):

b) Such terms and conditions do not contradict or violate any of the terms and conditions of the contract, and/or are more advantageous to the authorized user and the State than those set forth in the contract

c) Such terms place no additional liability or responsibility on the authorized user or the State

d) The authorized user acknowledges in writing that it accepts such additional terms and conditions

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Mini-Bid Agreement Notification & Award

• The authorized user must notify the tentative awardee and non-awardees of tentative mini-bid results in writing as per the authorized user’s procurement requirements

• The OGS centralized contract requires that a mini-bid project definition be completed prior to work beginning, and award made on the basis of “lowest cost”

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Mini-Bid Agreement Procurement

• Authorized users may purchase off this contract via purchase orders or purchasing cards (P-cards) in accordance with their agency procurement guidelines

• OGS Procurement Services will not be assigning contract numbers for mini-bid agreements

• An authorized user must adhere to the procedures of this OGS centralized contract, its own internal procurement policies and procedures and all federal, State and/or local statutes, when applicable

• Authorized users shall maintain a procurement record documenting the mini-bid project definition process and award

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Mini-Bid Agreement Monitoring

• Authorized users are reminded to monitor the contractor and the services being provided after the mini-bid project definition award is made

• This includes but is not limited to:

1. Maintaining sign-in/sign-out sheets

2. Confirming licensing information for the elevator mechanics

3. Having one or more staff members assigned to physically make sure and document the required maintenance services have been completed and review contractor submitted maintenance checklists and inspection reports

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Mini-Bid Agreement Monitoring

4. Verifying hours worked and material receipts for T&M work

5. Reviewing invoices

6. Documenting when a contractor is not performing or otherwise failing to meet the terms and conditions of the contract

7. Meet regularly with the contractor

8. Keeping copies of written communications with the contractor within the procurement record

9. Possible performance of a mini-bid agreement close-out inspection

10. Having a replacement mini-bid awarded prior to the current mini-bid’s end date See Section 4 to review authorized user reserved rights

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Questions?

Questions regarding the contract award should be submitted to:

OGS.sm.PS_ElevatorLiftEquipment @ogs.ny.gov mailto:OGS.sm.PS_ElevatorLiftEquipment@ogs.ny.gov