50012-571-25.pdf

Invitation to Bid Bid Number: 50012-571-25

Elevator Preventative Maintenance, Repair, and Emergency Services

Bid Release/Ad Run Date: June 3, 2024 Mandatory Pre-Bid Date: June 14, 2024 at 10:00AM

Deadline for Written Questions: June 24, 2024 by 5:00PM Addenda sent to mandatory pre-bid attendees: June 27, 2024 by 5:00PM

Bid Submission Deadline/Opening Date: July 3, 2024 at 2:00PM

Louisiana Tech University Purchasing Office

208 Keeny Circle, Room 408 Ruston, LA 71272

Elevator Preventative Maintenance, Repair and Emergency Services

Table of Contents

SECTION 1 – ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Purpose and Scope of Work 5

1.2 Definitions 5

1.3 Schedule of Events 5

1.4 Period of Agreement 6

1.5 Holiday Schedule 6

1.6 Bid Packet Submittal 6

1.7 Bid Response Format 7

1.8 Facility Tours and Inquiry Periods 7

1.9 Examination of Bid Documents 8

1.10 Errors and Omissions in Bid 8

1.11 Addenda, Changes, and Withdrawals 8

1.12 Material in the ITB 8

1.13 Waiver of Administration Informalities 9

1.14 Bid Rejection 9

1.15 Cost of Offer Preparation 9

1.16 Ownership of Bid 9

1.17 Non-Negotiable Contract Terms 9

1.18 Permits, Licenses, and Taxes 10

1.19 Bid Validity 10

1.20 Prime Contractor Responsibilities 10

1.21 Use of Subcontractors 10

1.22 Substitution of Personnel 10

1.23 Acceptance of Bid Content 11

1.24 Contract Award Execution 11

1.25 Notice of Intent to Award 11

1.26 Insurance Requirements 12

1.27 Subcontractor Insurance 12

1.28 Indemnification and Limitation of Liability 12

1.29 Performance Bond 14

1.30 Fidelity Bond Requirements 14

1.31 Payment of Services 14

1.32 Termination of Contract for Cause 15

1.33 Termination of Contract for Convenience 15

1.34 Termination of Contract Due to Default of Contractor 16

1.35 Contract Continuance 16

1.36 Assignment 16

1.37 No Guarantee of Quantities 16

1.38 Audit of Records 16

1.39 Civil Rights Compliance 17

1.40 Record Retention 17

1.41 Record of Ownership 17

1.42 Content of Contract/Order of Precedence 17

1.43 Contract Changes 17

1.44 Governing Law 18

1.45 Claims or Controversies 18

1.46 Bidder’s Certification of OMB A-133 Compliance 18

1.47 Renewal Periods 18

1.48 Non-Discrimination 18

1.49 Continuing Obligation 19

1.50 Eligibility Status 19

1.51 Prohibition of Discriminatory Boycotts of Israel 19

1.52 Cybersecurity Training 19

1.53 Code of Ethics 20

SECTION 2 – SCOPE OF REQUIRED SERVICES

2.1 General Requirements 20

2.2 Contractor Qualifications 21

2.3 Specifications 22

2.4 Documentation, Records, and Notification of Activities 23

2.5 Basic Full Service Maintenance 24

2.6 Equipment, Wiring and Circuit Changes 25

2.7 Repairs/Callback Services 26

2.8 Wiring Diagrams 26

2.9 Maintenance Responsibility 27

2.10 Safety Inspections and Testing 27

2.11 Emergency Phone Operation 29

SECTION 3 – MAINTENANCE SPECIFICATIONS

3.1 Load Test 29

3.2 Parts 29

3.3 Inspections, Cleaning, and Routine Care 30

3.4 Performance 32

3.5 Guarantee 33

SECTION 4 – INFORMATION REQUIRED FROM BIDDER

4.1 Cover Letter 33

4.2 Table of Contents 34

4.3 Company Background and Experience 34

4.4 Company Structure 34

4.5 Contractor Experience 34

4.6 Personnel, Resources, and Experience 35

4.7 Bid Compliance 36

4.8 Maintenance Plan 36

4.9 Maintenance Log/Checklist 36

4.10 Implementation Schedule 36

4.11 Quality Control 36

4.12 Previous Terminated Contracts 37

4.13 Business Litigation 37

4.14 Customer Satisfaction and Client Satisfaction 37

4.15 References 37

Appendix “A”: Pricing Schedule 38

Appendix “B”: Equipment List 40

Appendix “C”: Acknowledgments, Hourly Rate Charges, and Financial Penalty Schedule 41

Appendix “D”: Insurance Requirements for Contractors 42

Appendix “E”: Blanket Fidelity Bond 45

Appendix “F”: Engineering Responsibility 46

Appendix “G”: Affidavit of Qualifications 47

Appendix “H”: Non-Collusion Affidivat 48

Appendix “I”: Bid Response Form 49

Appendix “J”: Instructions to Bidders 50

SECTION 1 - ADMINISTRATIVE AND GENERAL INFORMATION

1.1 Purpose and Scope of Work

The purpose for this Invitation to Bid (ITB) is to obtain competitive bids from qualified bidders who are interested in providing a full service Elevator Preventative Maintenance, Repair and Emergency Service Contract to Louisiana Tech University.

The scope of work for this Elevator Preventative Maintenance, Repair and Emergency Service Contract is to provide the maintenance and service requirements expected for all elevators and vertical lifts operated by Louisiana Tech University.

1.2 Definitions

Agency – Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this state authorized to participate in any contract resulting from this solicitation.

Contractor – Any person having a contract with a governmental body; for the purposes of this ITB, the Contractor is the “Elevator Maintenance Provider” Discussions – For the purpose of this ITB presentation, a formal, structured means of conducting written or oral communications/preparations with responsible Bidders who submit bids in response to the ITB EMP- Elevator Maintenance Provider May – The term “may” denotes an advisory or permissible action Must – The term “must” denotes mandatory requirements ITB – Invitation to Bid Shall – The term “shall” denotes mandatory requirements per R.S. 39:1556 (24) Should – The term “should” denotes desirable University – Louisiana Tech University

1.3 Schedule of Events

1. Invitation to Bid documents provided to prospective bidders June 3, 2024

2. Mandatory Pre-Bid Date June 14, 2024 at 10:00AM

3. Deadline for Written Questions June 24, 2024 by 5:00PM

4. Addenda sent to mandatory pre-bid attendees June 27, 2024 by 5:00PM

5. Deadline to receive bid packets/bid opening date July 3, 2024 at 2:00PM

6. Notice of intent to award to be mailed on or before July 15, 2024

7. Contract initiation on or about July 1, 2024

Note: Louisiana Tech University reserves the right to deviate from these dates, at its discretion.

1.4 Period of Agreement

The term of any contract resulting from this solicitation shall begin on or about July 1, 2024 and shall terminate twelve (12) months from the effective date (June 30, 2025). At the option of the University, upon acceptance by the Contractor (i.e., Elevator Maintenance Provider), contract may be extended for four (4) additional twelve (12) month periods at the costs indicated on the Pricing Schedule (Appendix “A”). No contract release order or purchase order against this contract shall have an initial date earlier than the date on which such contract is approved by the University.

1.5 Holiday Schedule

The below holidays are being provided for the benefit of the Elevator Maintenance Provider.

While the EMP may choose to allow these holidays for certain employees, certain facets of this ITB will require staffing and services on holidays. These holidays are intended to allow the EMP to schedule and plan its staffing resources as well as apply the appropriate pricing for the ITB.

Included herewith is a list of the scheduled University holidays during the term of this contract:

New Year’s Eve New Year’s Day MLK Birthday Mardi Gras

Good Friday Memorial Day Independence Day Labor Day

Thanksgiving Day Christmas Eve Christmas Day

1.6 Bid Packet Submittal

All bid packets must be received by the Louisiana Tech University no later than the date and time shown in the Schedule of Events in Section 1.3.

Important – Clearly mark the outside of the envelope, box or package with the following information and format:

• Bid Name: ELEVATOR PREVENTATIVE MAINTENANCE, REPAIR and EMERGENCY SERVICES

• Bid Number: 50012-571-25

• Bid Opening Date: July 3, 2024 at 2:00PM

Bidders are hereby advised that the U.S. Postal Service does not make deliveries to our physical location. Bids may be delivered to our post office box or our physical address:

Louisiana Tech University Purchasing Department P.O. Box 3157 Tech Station

Purchasing Department 208 Keeny Circle, Room 408

Bidder is solely responsible for ensuring that its courier service provider makes inside deliveries to our physical location. Louisiana Tech University is not responsible for any delays caused by the Bidder’s chosen means of delivery.

Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date and time shall result in rejection of the bid.

BIDS SHALL BE OPENED PUBLICLY AND ONLY BIDDERS SUBMITTING BIDS SHALL BE IDENTIFIED

ALOUD. BID PRICES WILL NOT BE READ ALOUD.

1.7 Bid Response Format

The contractor’s bid shall be submitted in two parts:

Part I – The bid shall contain documentation evidencing the bidder’s ability to comply and meet the requirements as set forth in this Invitation to Bid. Any such documentation should be cross referenced to the specific section number of this Invitation to Bid. Section 4 outlines the required information and documentation required for Part I of the bid packet.

Part II – Shall contain Cost Data as requested in Price Schedules (Appendix “A”), and all other completed appendices and requested documentation.

1.8 Facility Tours and Inquiry Periods

Facility Tours

Facility tours are available and encouraged for all potential Bidders. It is the responsibility of each Bidder to schedule a tour of the University facilities. Tours may be scheduled by contacting either Joe Peel or Doug Willis at 318-257-3267. It is highly recommended to schedule a tour as soon as possible as opposed to a last minute inquiry.

Each Bidder is solely responsible for a prudent and complete personal inspection, examination and assessment of the facilities and any other existing condition, factor, or item that may affect or impact the performance of service described and required by the Contractual Requirements.

Bidder Inquiry Periods

An initial inquiry period is hereby firmly set for all interested Bidders to perform a detailed review of the bid. No negotiations, decisions, or actions shall be executed by any bidder as a result of any oral discussions with any University employee or University representative. Any inquiry or concern requiring a response must be submitted in writing to the University Purchasing Director. The Purchasing office should be contacted for submission information.

An addendum, if needed, will be issued by 5:00PM on June 27, 2024 to address any changes or clarifications to the bid packet. Thereafter, all bid documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any Bidder as a result of any oral discussions with any University employee or University consultant.

1.9 Examination of Bid Documents:

Bidders shall carefully examine the bidding documents and the sites to obtain first-hand knowledge of the scope and the conditions of the work. The submittal of a bid means the Contractor has inspected all elevators and related equipment in the buildings specified and has found elevators to be in a proper working order and satisfactory condition. No additional compensation will be allowed by the owner for failure of such contractor or subcontractor to inform themselves as to the conditions affecting the work

1.10 Errors and Omissions in Bid

The University will not be liable for any error in the bid. Bidder will not be allowed to alter bid documents after the deadline for bid submission, except under the following condition: The University reserves the right to make corrections or clarifications due to patent errors identified in bids by the University or the Bidder. The University, at its option, has the right to request clarification or additional information from the Bidder.

1.11 Addenda, Changes, and Withdrawals

The University reserves the right to change the Schedule of Events in Section 1.3 or issue Addenda to the ITB at any time. The University also reserves the right to cancel or re-issue the

ITB.

If the Bidder needs to submit changes or addenda, such shall be submitted in writing, signed by an authorized representative of the Bidder, cross-reference clearly to the relevant bid section, prior to the bid opening, and should be submitted in a sealed envelope. Such shall meet all requirements for the bid.

1.12 Material in the ITB

Bids shall be based only on the material contained in the ITB. This includes official responses to questions, addenda, and other material, which may be provided by the University pursuant to the ITB.

1.13 Waiver of Administration Informalities

The University reserves the right, at its sole discretion, to waive administrative informalities contained in any bid.

1.14 Bid Rejection

The University reserves the right to accept or reject any or all bids submitted or to cancel this ITB if it is in the best interest of the University to do so.

In accordance with the provisions of R.S. 38:2182, in awarding contracts after August 15, 2010, any public entity is authorized to reject a bid or bid from, or not award the contract to, a business in which any individual with an ownership interest of five percent or more, has been convicted of, or has entered a plea of guilty or nolo contendere to any state felony or equivalent federal felony crime committed in the solicitation or execution of a contract or bid awarded under the laws governing public contracts under the provisions of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, professional, personal, consulting, and social services procurement under the provisions of Chapter 16 of this Title, or Louisiana Procurement Code under the provisions of Chapter 17 of this Title.

1.15 Cost of Offer Preparation

The University is not liable for any costs incurred by prospective Bidders or Contractors prior to issuance of or entering into a Contract. Costs associated with developing the bid, and any other expenses incurred by the Bidder in responding to the ITB are entirely the responsibility of the Bidder, and shall not be reimbursed in any manner by Louisiana Tech University.

1.16 Ownership of Bid

All materials (paper content only) submitted in response to this request become the property of the University. Selection or rejection of a response does not affect this right. All bids submitted will be retained by the University and not returned to Bidders. Any copyrighted materials in the response are not transferred to the University.

1.17 Non-Negotiable Contract Terms

Non-negotiable contract terms include but are not limited to taxes, assignment of contract, audit of records, EEOC and ADA compliance, record retention, content of contract/order of precedence, contract changes, governing law, claims or controversies, and termination based on contingency of appropriation of funds.

1.18 Permits, Licenses, and Taxes

The contractor shall furnish all necessary permits, licenses, and certificates and comply with all laws or ordinances applicable to the locality of the building site and the State of Louisiana. Any taxes, other than state and local sales and use taxes, from which the state is exempt, shall be assumed to be included with the Bidder’s cost.

1.19 Bid Validity

All bids shall be considered valid for acceptance until such time an award is made. However, the University reserves the right to reject a bid if the Bidder’s response is unacceptable and the Bidder is unwilling to extend the validity of its bid.

1.20 Prime Contractor Responsibilities

The selected Bidder shall be required to assume responsibility for all items and services offered in his bid whether or not he produces or provides the services. The University shall consider the selected Bidder to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

1.21 Use of Subcontractors

Each Contractor shall serve as the single prime contractor for all work performed pursuant to its contract. That prime contractor shall be responsible for all deliverables referenced in this ITB.

This general requirement notwithstanding, Bidders may enter into subcontractor arrangements. Bidders may submit a bid in response to this ITB, which identifies subcontract(s) with others, provided that the prime contractor acknowledges total responsibility for the entire contract.

If it becomes necessary for the prime contractor to use subcontractors, the University urges the prime contractor to use Louisiana vendors, including small and emerging businesses, if practical. In all events, any subcontractor used by the prime contractor should be identified to the University Physical Plant Director.

Information required of the prime contractor under the terms of this ITB, is also required for each subcontractor and the subcontractors must agree to be bound by the terms of the contract. The prime contractor shall assume total responsibility for compliance.

1.22 Substitution of Personnel

If, during the term of the contract, the Contractor or subcontractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the University for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s bid.

1.23 Acceptance of Bid Content

The mandatory ITB requirements shall become contractual obligations if a contract ensues.

Failure of the successful Bidders to accept these obligations shall result in the rejection of the bid.

1.24 Contract Award Execution

The University reserves the right to enter into an Agreement without further discussion of the bid based on the initial offers received.

The ITB, and any addendums, the bid of the selected Facility Maintenance Provider will become part of any contract initiated by the University.

In no event is a Bidder to submit their standard contract terms and conditions as a response to this ITB.

If for any reason the Bidder selected by the University and awarded the Contract does not agree to a contract, that bid shall be rejected and the University will select another Bidder.

1.25 Notice of Intent to Award

Upon review and approval of the evaluation committee and agency recommendation for award, the Louisiana Tech University will issue a Notice of Intent to Award letter to the apparent successful Bidder. A contract shall be completed and signed by all parties concerned on or before the date indicated in the Schedule of Events in Section 1.3. If this date is not met through no fault of the University, the University may elect to cancel the Notice of Intent to Award letter and make the award to the next most advantageous Bidder.

The Purchase Order and the Contractor’s specifications will be combined to form the complete contract when the award is made.

Any person aggrieved by the proposed award has the right to submit a protest in writing, in accordance with R.S. 39:1671, to the University Purchasing Director, within fourteen (14) days of the award/intent to award.

1.26 Insurance Requirements

Public Liability Insurance and Workman’s Compensation shall be carried by the contractor and a Certificate of Insurance shall be furnished at least ten (10) days prior to the effective date of the contract. The limits of such insurance shall be as follows and shall be from a company licensed to do business in the State of Louisiana.

Comprehensive liability – for not less than $1 million per occurrence, including bodily injury, liability, property damage liability.

Automobile public liability insurance in an amount not less than combined single limits of $1 million per occurrence for bodily injury and property damage.

Workman’s Compensation and Employer’s Liability – equal to or in excess of limits of Workman’s Compensation laws in the State of Louisiana.

Contractor shall furnish the University with certificates of insurance affecting coverage(s) required by the ITB (see Appendix “B”). The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the University before work commences. The University reserves the right to require complete certified copies of all required policies, at any time.

1.27 Subcontractor Insurance

The Contractor shall include all subcontractors as insured’s under its policies or shall ensure that all subcontractors satisfy the same insurance requirements stated herein for the contractor. (See Appendix “D”)

1.28 Indemnification and Limitation of Liability

Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under this Agreement.

Contractor shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fully indemnify and hold harmless the University from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by Contractor, its agents, employees, partners or subcontractors in the performance of this contract, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act by the University.

Contractor will indemnify, defend and hold the University harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys’ fees), claims judgments, liabilities and costs which may be finally assessed against the University in any action for infringement of a United States Letter Patent with respect to the Products, Materials, or Services furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that the University shall give the Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. Where a dispute or claim arises relative to a real or anticipated infringement, the University may require Contractor, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require.

The Contractor shall not be obligated to indemnify that portion of a claim or dispute based upon: (i) University’s unauthorized modification or alteration of a Product, Material, or Service;

(ii) University’s use of the Product, Material, or Service in combination with other products, materials, or service not furnished by the Contractor; (iii) University’s use in other than the specified operating conditions and environment.

In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion as the University’s exclusive remedy to take action in the following order of precedence: (i) to procure for the University the right to continue using such item(s) or part(s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to the University up to the dollar amount of the Contract.

For all other claims against the Contractor where liability is not otherwise set forth in the Agreement as being “without limitation”, and regardless of the basis on which the claim is made, Contractor’s liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges for products, materials, or services rendered by the Contractor under the Contract.

Unless otherwise specifically enumerated herein mutually agree between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Contractor is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings.

The University may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them.

1.29 Performance Bond

The successful Bidder shall be required to provide a performance (surety) bond in the amount equal to the total contract price for the first year of the contract, and renewed every 12 months during the contract term to insure the successful performance under the terms and conditions of the contract negotiated between the successful Bidder and the University. Any performance bond furnished shall be written by a surety or insurance company currently on the U.S.

Department of the Treasury Financial Management Service list of approved bonding companies which is published annually in the Federal Register, or by a Louisiana domiciled insurance company with at least an A-rating in the latest printing of the A.M. Best’s Key Rating Guide to write individual bonds up to 10 percent of policyholders’ surplus as shown in the A.M. Best’s Key Rating Guide or by an insurance company that is either domiciled in Louisiana or owned by Louisiana residents and is licensed to write surety bonds.

No surety or insurance company shall write a performance bond which is in excess of the amount indicated as approved by the U.S. Department of the Treasury Financial Management Service list or by a Louisiana domiciled insurance company with an A-rating by A.M. Best up to a limit of 10 percent of policyholders’ surplus as shown by A.M. Best; companies authorized by this Paragraph who are not on the treasury list shall not write a performance bond when the penalty exceeds 15 percent of its capital and surplus, such capital and surplus being the amount by which the company’s assets exceed its liabilities as reflected by the most recent financial statements filed by the company with the Department of Insurance.

The performance bond is to be provided within 10 working days from request. Failure to provide within the time specified may cause your offer to be rejected.

In addition, any performance bond furnished shall be written by a surety or insurance company that is currently licensed to do business in the state of Louisiana.

1.30 Fidelity Bond Requirements

See Fidelity Bond Requirements, Appendix “E”.

1.31 Payment for Services

Upon receipt of notification of the intent by Louisiana Tech University to award the contract, the contractor shall coordinate with the University to make arrangements for the receipt of payment.

The contractor will be required to submit an itemized monthly invoice, comprised of 1/12 of the annual total price stated in the Pricing Schedule (Appendix “A”), to the Director of the Louisiana Tech University Physical Plant at the following address:

Physical Plant P.O. Box 10288 Tech Station

Monthly payments will be made by the Agency within approximately thirty (30) days after receipt of a properly executed invoice, and approval by the Agency.

All invoices must list the following information: the contract purchase order number, dates of services performed, building name and elevator number if applicable, a brief explanation of repair including any parts replaced. Invoices submitted without the requested documentation will not be approved for payment until the required information is provided.

Any elevator maintenance issue and or deficiency that is unresolved and the elevator contractor cannot document a valid reason for the delay, the owner reserves the right to assess a financial penalty against the Maintenance Provider’s monthly payment request until the deficiency is corrected. If such conditions are not corrected within 60 days the owner reserves the right to employ another elevator contractor to complete the work. The resulting costs of such expenditures will be billed to the contractor as a contractual obligation.

1.32 Termination of Contract for Cause

University may terminate this agreement for cause based upon the failure of Contractor to comply with the terms and/or conditions of the Agreement, or failure to fulfill its performance obligations pursuant to the agreement, provided that the University shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the University may, at its option, place the Contractor in default and the Agreement shall terminate on the date specified in such notice.

The Contractor may exercise any rights available to it under Louisiana law to terminate for cause upon failure of the University to comply with the terms and conditions of this agreement, provided that the Contractor shall give the University written notice specifying the University’s failure and a reasonable opportunity for the University to cure the defect.

1.33 Termination of Contract for Convenience

The University may terminate this Agreement at any time by giving thirty (30) days written notice to contractor of such termination or negotiating with the Contractor an effective date.

The Contractor shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily.

1.34 Termination of Contract Due to Default of Contractor

Failure to provide requested service within the time specified in the bid will constitute a default and may cause cancellation of the contract. Where the University has determined the contractor to be in default, the University reserves the right to purchase any or all services covered by the contract on the open market and to charge the contractor with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid from the defaulting contractor will be considered.

1.35 Contract Continuance

The continuance of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide sufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated

1.36 Assignment

Assignment of contract, or any payment under the contract, requires the advanced written approval of the University Physical Plant Director.

1.37 No Guarantee of Quantities

The quantities referenced in the ITB are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by Louisiana Tech University to increase or decrease the amount, at the unit prices stated in the bid. Neither the University nor Agency obligates itself to contract for or accept more than their actual requirements during the period of this agreement, as determined by actual needs and availability of appropriated funds.

1.38 Audit of Records

The State legislative auditor, federal auditors and internal auditors of the Department of State Civil Service, Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the resulting contract for a period of five (5) years after project acceptance or as required by applicable State and Federal law. Records shall be made available during normal working hours for this purpose.

1.39 Civil Rights Compliance

The Contractor agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and Contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this agreement and any contract entered into as a result of this Agreement, without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement and any contract entered into as a result of this Agreement.

1.40 Record Retention

The Contractor shall maintain all records in relation to this contract for a period of at least five

(5) years.

1.41 Record of Ownership

All records, reports, documents, or other material related to any contract resulting from this ITB and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of the University, and shall, upon request, be returned by Contractor to the University, at Contractor’s expense, at termination or expiration of this contract.

1.42 Content of Contract/Order of Precedence

In the event of an inconsistency between the contract, the ITB and/or the Contractor’s Bid, the inconsistency shall be resolved by giving precedence, first to the final contract, then to the ITB and subsequent addenda (if any) and finally, the Contractor’s Bid.

1.43 Contract Changes

No additional charges, enhancements, or modifications to any contract resulting from this ITB shall be made without the prior approval of the University Physical Plant Director.

Changes to the contract include any change in: compensation; beginning/ending date of the contract; scope of work; and/or Contractor change through the Assignment of Contract process. Any such changes, once approved, will result in the issuance of an amendment to the contract.

1.44 Governing Law

All activities associated with this ITB process shall be interpreted under Louisiana Law. All bids and contracts submitted are subject to provision of the laws of the state of Louisiana including but not limited to L.R.S. 39:1551-1736; purchasing rules and regulations; executive orders;

standard terms and conditions; special terms and conditions; and specifications listed in this

ITB.

1.45 Claims or Controversies

Any claims or controversies shall be resolved in accordance with the Louisiana Procurement Code, RS39:1673.

1.46 Bidder’s Certification of OMB A-133 Compliance

Certification of no suspension or debarment: By signing and submitting any bid for $100,000 or more, the Bidder certifies that their company, any subcontractors, or principals are not suspended or debarred by the General Services Administration (GSA) in accordance with the requirements in OMB Circular A-133.

1.47 Renewal Periods

If the option for renewal is exercised by the University, the Contractor shall agree that the prices for the renewal period remain unchanged.

1.48 Non-Discrimination

Contractor agrees to abide by the requirements of the following as applicable and amended: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964; Equal Employment Opportunity Act of 1972; Federal Executive Order 11246; the Rehabilitation Act of 1973; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974; Title IX of the Education Amendments of 1972; Age Discrimination Act of 1975; Fair Housing Act of 1968; and, Americans with Disabilities Act of 1990.

Contractor agrees not to discriminate in its employment practices, and shall render services under this contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, disability, or age in any matter relating to employment. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract.

1.49 Continuing Obligation

Contractor has a continuing obligation to disclose any suspensions or debarment by any government entity, including but not limited to General Services Administration (GSA). Failure to disclose may constitute grounds for suspension and/or termination of the Contract and debarment from future contracts.

1.50 Eligibility Status

Contractor, and each tier of Subcontractors, shall certify that it is not on the List of Parties Excluded from Federal Procurement or Non-procurement Programs promulgated in accordance with E. O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24.

1.51 Prohibition of Discriminatory Boycotts of Israel

In accordance with R.S. 39:1602.1, for any contract for $100,000 or more and for any contractor with five or more employees, the Contractor certifies that neither it nor its subcontractors are engaged in a boycott of Israel, and that the Contractor and any subcontractors shall, for the duration of this contract, refrain from a boycott of Israel. The State reserves the right to terminate this contract if the Contractor, or any Subcontractor, engages in a boycott of Israel during the term of this contract.

1.52 Cybersecurity Training

In accordance with La. R.S. 42:1267(B)(3) and the State of Louisiana’s Information Security Policy, if the Contractor, any of its employees, agents, or subcontractors will have access to State government information technology assets, the Contractor’s employees, agents, or subcontractors with such access must complete cybersecurity training annually, and the Contractor must present evidence of such compliance annually and upon request. The Contractor may use the cybersecurity training course offered by the Louisiana Department of State Civil Service without additional cost or may use any alternate course approved in writing by the Office of Technology Services.

For purposes of this Section, “access to State government information technology assets” means the possession of credentials, equipment, or authorization to access the internal workings of State information technology systems or networks. Examples would include but not be limited to State-issued laptops, VPN credentials to credentials to access the State network, badging to access the State’s telecommunications closets or systems, or permissions to maintain or modify IT systems used by the State. Final determination of scope inclusions or exclusions relative to access to State government information technology assets will be made by the Office of Technology Services.

1.53 Code of Ethics

The Contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (R.S.

42:1101 et. seq., Code of Governmental Ethics) applies to the Contracting Party in the performance of services called for in this Contract. The Contractor agrees to immediately notify the state if potential violations of the Code of Governmental Ethics arise at any time during the term of this Contract.

SECTION 2 - SCOPE OF REQUIRED SERVICES

2.1 General Requirements:

The scope of services contained within this ITB both outline and define the various requirements for Bidders to provide maintenance and repair for the elevators identified. These services are broad and comprehensive in nature; the Contractor will be responsible for all corrective maintenance scheduled or unscheduled (including pre-existing conditions) and repair services along with their associated costs.

The Office of Risk Management provides elevator inspection reports for all University elevators.

It is the responsibility of each Contractor to obtain and review all inspection reports from the University (see Section 6: Facility Addresses) for the most current elevator inspections and contractor deficiencies.

The Contractor will also be responsible for all costs (management, labor, materials, travel, etc.)

associated with the preventive/scheduled maintenance (including but not limited to maintenance certifications, inspections, tests, etc.). The Contractor shall develop and implement an effective, consistent and documented Preventive/Scheduled Maintenance (PM) program that targets system performance, life-cycle sustainability, efficient cost management and safety. This PM program will be submitted to and approved by Louisiana Tech University.

The University will monitor the performance of the Contractor’s PM program on a regular basis.

All planned preventive maintenance work performed under these specifications shall be performed during regular working hours on regular working days, 7:30am to 4:00pm Monday thru Friday.

Through the duration of this contract, the University reserves the right to add or delete buildings or services and or modify the regular working hours schedule stated in this ITB as deemed necessary.

The Contractor shall furnish all labor, personnel, parts, materials, test equipment (including proprietary test equipment), tools, mileage and services in conformance with the specifications within this ITB. The Contractor must meet all requirements within this ITB. Any bid not meeting these requirements may be considered deficient.

The Contractor’s employees and representatives shall wear a standard company uniform that clearly identifies the individual as an employee of the Contractor. Uniforms shall be clean, consistent in appearance, and have the Contractor’s name or logo displayed both prominently and clearly.

2.2 Contractor Qualifications

The following qualifications shall be considered the minimum standard for a Contractor to be considered as qualified to provide the services listed herein. Their complete fulfillment shall be an absolute requirement for a Contractor to be considered responsive.

The Contractor and their managing staff shall demonstrate that it has been actively and normally engaged, for at a minimum of the past 5 years in the maintenance, service, repair and replacement of materials and equipment in elevators of a similar manufacturer, capacity and control system as those covered by this ITB. List specific references for (3) three contacts, showing company name and the names of their representatives in which such elevators are being maintained.

The Contractor and their managing staff shall demonstrate that it has available, under its direct employment and supervision, the necessary personnel to properly fulfill all the services and conditions required under this specification.

The Contractor and their managing staff shall use only skilled, competent, trained elevator personnel. See Section 4 for documentation required for verification of technician qualifications.

If, during the term of the contract, the Contractor cannot provide the personnel as proposed and requests a substitution, that substitution shall meet or exceed the requirements stated herein. A detailed resume of qualifications and justification is to be submitted to the University for approval prior to any personnel substitution. It shall be acknowledged by the Contractor that every reasonable attempt shall be made to assign the personnel listed in the Contractor’s bid. Under no condition will any work specified herein be subcontracted without Louisiana Tech University prior written approval.

All Contractors and its Mechanics shall be licensed by the Louisiana Office of State Fire Marshal (OSFM) in accordance with La. R.S. 40:1664.1 et.seq., in order to perform any and all necessary/required work, including repairs and/or maintenance on any and all Elevators within the State of Louisiana. A copy of the license should be provided with your bid. Any bidder who fails to include a copy of the license with their bid must provide a copy within ten (10) business days of a written request. Failure to comply shall result in the rejection of your bid.

2.3 Specifications

The required services include but are not limited to the following:

A. The work to be performed by the Contractor under the specifications listed herein shall consist of furnishing all necessary supplies, materials, parts, tools, proprietary testing equipment , labor, and supervision to provide full preventative maintenance and repair services, including inspections, adjustments and test and replacement of parts as herein specified for all equipment covered under this solicitation, as listed. All parts and materials shall be of a good quality.

B. All existing items and/or equipment installed or attached to any part of the building elevator (including control devices) are the property of the building owner and any new and/or necessary equipment added to the existing elevator immediately become property of the building owner. These items are not to be removed by any contractor under any circumstance unless the building owner grants written approval. Any deletion of equipment without the University’s approval will be required to be immediately reinstalled at the Contractors expense.

C. The Contractor shall utilize only personnel that qualify according to the terms described in this ITB. The University reserves the right to request the replacement of any personnel deemed to be unsatisfactory.

D. The Contractor shall ensure supervision of their maintenance and service personnel by providing a mandatory semi-annual inspection by the Contractor’s maintenance staff. A University Physical Plant representative must also be present at each semi-annual inspection.

E. The Contractor will be required to be present during each quarterly State Inspection.

Failure to attend the quarterly State Inspections will result in a financial penalty equal to the number of inspection hours missed and/or cancellation of the contract.

F. The Contractor will be required to make corrections as needed, complete on-site certificates, and submit test reports to the University for its use in filing and obtaining operating certificates.

G. The Contractor will be expected to perform repairs as may be necessary outside of the usual preventative maintenance duties. Contractor will prepare an estimate for repairs that are not covered within the ITB. Repairs not covered by the ITB will not be performed until written permission is received from Louisiana Tech University.

H. The Contractor must comply with all local and State laws, rules and regulations, specifically including those related to elevator maintenance.

I. All University elevator keys will be monitored by the University Physical Plant Director.

Elevator keys will be kept at the University Physical Plant. The Contractor will be required to sign out keys from the Physical Plant prior to performing any work on Campus during normal business hours. Before leaving campus all University elevator keys must be returned to the University Physical Plant. Under no circumstances do University keys leave the campus. If work is completed and or performed outside of normal Physical Plant working hours, keys are to be signed out from and or returned to the University Police Station.

2.4 Documentation, Records, and Notification of Activities

The contractor is required to document all preventative maintenance tasks and repair work performed. The Contractor shall maintain a complete and orderly chronological record of all work performed on each elevator. Failure to document required maintenance shall be grounds for assessment of financial penalties and or cancellation of contract.

Maintenance Log An elevator maintenance log sheet shall be kept in each elevator equipment room. These log sheets must be signed and dated each and every time any maintenance, inspection, or repair work is performed on the related elevator. Failure to update and maintain maintenance logs shall be grounds for assessment of a financial penalty for each offense.

Website The Contractor shall maintain a website which will allow all records to be reviewed or downloaded, by the University Physical Plant Director. Minimum requirements for information accessible on website shall be the name of the building, elevator number if applicable, type of elevator, manufacturer, and a maintenance log showing all callbacks, repairs, corrective measures, routine inspections, and preventative maintenance. Real-time status updates are preferred. The website should be secured with a user I.D. and password. Contractor shall take all reasonable precautions to maintain the security of the site.

Service Tickets The Contractor is mandated to have all service and repair tickets signed by a Physical Plant representative for all repairs and service. The service information and signatures shall be uploaded and available at Contractor’s website. Failure to have service tickets signed or providing a copy of signed service ticket shall be grounds for assessment of a financial penalty for work performed.

Monthly Reports The Contractor is mandated to maintain a complete Monthly written record of all activity that has occurred during the month including, but not limited to, names of employees that performed…