ESBD_358726_1715603402323_24-0001219 Attachment A - Statement of Work.pdf

IFB 24-0001219

Elevator and Related Equipment Maintenance and Services-El Paso Location

STATEMENT OF WORK.

1.01. SERVICE AND PERFORMANCE REQUIREMENTS.

(a) Contractor shall provide full preventative and routine maintenance services at the 401 East

Franklin Avenue, El Paso, Texas location managed by TFC. Contractor shall provide all, labor, materials, equipment, tools, and transportation required to perform these services.

(b) SCOPE OF SERVICE.

(i) Contractor shall maintain all elevators under this Contract in optimal operating condition. Contractor shall furnish all material, parts, labor, necessary tools, lubricants and equipment to comply with all requirements of this Contract, as well as the latest revisions of the American National Standards Institute/American Society of Mechanical Engineers (hereinafter referred to as “ANSI/ASME”) 17.1 Safety Code for Elevators and Escalators, International Mechanical Code, National Electrical Code, Occupational Safety and Health Administration (hereinafter referred to as “OSHA”) requirements, the Americans with Disabilities Act Accessibility Guidelines, as well the manufacturer’s standard recommendation manuals for service and repair. All service records, maintenance records or other records that result from work performed under this Contract become property of TFC and shall be stored at the building in the elevator machine room. Most services are to be performed during regular business hours, which are considered to be between 8:00a.m. and 5:00p.m., Monday through Friday, excluding holidays in which all State agencies are closed. However, there will be occasional operations requiring work in the building after normal business hours. Contractor is expected to maintain an “on call” contact for emergency responses twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year. All repairs must be completed, and elevator equipment returned to service within the timeframe agreed upon by the TFC Contract Administrator, as defined in Section

1.02 below, and Contractor, unless the Contractor has received prior written approval from TFC Contract Administrator for additional time.

(ii) In accordance with the approved PM Checklist, as defined in Section 1.01 (d)(i) of this Contract, Contractor shall monthly, except when specified otherwise in Attachment A of this Contract, systematically examine, adjust, lubricate as required the following elevator equipment: machine, worm gear, gear, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, brake contacts, linings and component parts, pump, motor and motor generators, motor windings, rotating elements, commutators, brushes, brush holders and bearings, controllers, selector and dispatching equipment relays, solid state components, resistors, condensers, transformers, contacts, leads, dashpots, timing devices, computer devices, destination dispatcher, alarm bell, car and hall buttons, key switches, solid state PC boards, selector cables or tape and mechanical and electrical driving equipment, governors, governor sheaves and shaft assemblies, ropes, belts, travel cable, bearings, contacts and governor jaws, deflector or secondary sheaves, bearings, car and counterweight buffers, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assemblies, compensating sheave assemblies, counterweight and counterweight guide shoes including rollers or gibs, hoist way door interlocks, hoist way door hangers, operators (including door operators), car door hangers, car door contacts, door light ray devices, load weighting equipment, car frames, car safety mechanisms, platforms, wood platform flooring, car door sills, emergency phones, cab light fixtures and bulbs, cab emergency light fixtures, cab fans and fan motors, elevator car guide shoes, gibs and rollers, plunger packings, exposed piping, hydraulic fluid tanks, hydraulic fluid oil as needed in plunger electric elevator equipment, and any other elevator equipment not specifically excluded.

(iii) In addition to the above, Contractor shall, except when specified otherwise in this Contract, complete the following services:

(A) clean machine rooms, car tops and pits;

(B) ride each elevator;

(C) check and replace all burned out indicator, car top, and elevator pit lights;

(D) check for proper leveling;

(E) check the operation of each elevator phone;

(F) note any unusual elevator operation in the Service Logbook, as defined in

Section 1.01 (d)(ii) below and immediately notify the TFC Contract Administrator per Section 1.02;

(G) complete and sign the PM Checklist, as defined in Section 1.01 (d)(i) below, and the Service Logbook, as defined in Section 1.01 (d)(ii)

(H) Prior to leaving site, provide a written report to the TFC Contract Administrator, which units that are then out of operation,

(I) Contractor shall examine all safety devices, governors, and timely conduct or have conducted, all annual, no-load, and full-load test and certifications in accordance with the ANSI/ASME 17.1, latest edition as amended, and/or the Texas Department of Licensing and Regulation (hereinafter referred to as “TDLR”). Any fee imposed by TDLR as a result of a failure to perform any inspection no later than the first anniversary date following the prior inspection of the same unit will be paid by Contractor. Any other tests deemed advisable by TFC shall be performed to ascertain that all elevators covered by this Contract are maintained in a satisfactory and safe operating condition and be kept capable of providing their initial maximum capacity, speed, and performance. Contractor shall furnish a copy of all test reports to the TFC Contract Administrator, within seven (7) days of completion of each test. Some testing may need to be conducted after hours at no additional charge. Contractor shall submit a proposal for all repairs and safety violations noted during each test within thirty (30) days following the date on which the test was performed, unless Contractor receives written permission from the TFC Contract Administrator that provides otherwise.

(J) Contractor shall maintain the rated speed in feet per minute and performance time, including acceleration and retardation, as designed, and installed by the manufacturer of the equipment, and make the necessary adjustments to maintain the original door opening and closing time within limits of applicable codes.

(iv) Preventative maintenance and cleaning of hydraulic elevators, including but not limited to, cartops, pits, selector tape, door linkage arms, door operator equipment, elevator machine room, control system components, power unit, rails, guides, wiring, signal components. etc., and certain other elevator equipment shall be performed monthly.

(v) An annual safety test shall be performed on all hydraulic elevators under this Contract in accordance with the ANSI/ASME 17.1, latest edition as amended, and a copy of the report shall be furnished to TFC within seven (7) days of completion.

If an oil leak develops in the buried piping or jack cylinder, Contractor shall make all necessary tests to determine the location of the leak and advise TFC in writing.

(vi) All annual and full-load test inspection and certification as required by the TDLR shall be performed as a part of this Contract. Fees imposed by TDLR to perform such inspections shall be paid by TFC; however, any fee imposed by TDLR as a result of a failure to perform any inspection no later than the first anniversary date following the prior inspection of the same unit will be paid by Contractor.

(vii) All work performed under this Contract is subject to inspection by TFC or a specialist designated by TFC at any time to ensure compliance with all terms and conditions of this Contract.

(viii) Remote Monitoring. The contractor shall provide remote monitoring if the elevator is equipped with remote monitoring capabilities. This functionality shall be utilized through the phone line to the equipment to collect data related to the use and operation of the elevator.

(c) AS NEEDED SERVICES.

(i) TFC may, from time to time, request Contractor to complete services on an as needed basis. Upon request by TFC for services, Contractor shall prepare and submit to TFC a quote for such services requested. Services shall be documented by a Purchase Order. (hereinafter referred to as a “Purchase Order”). Such Purchase Order shall be subject to the terms and conditions set forth in this Contract, and shall include a description of the scope of services, schedule and term, and compensation specific to the Purchase Order which shall be negotiated at the time of such Purchase Order. Any work completed by Contractor without a Purchase Order will not be paid for by TFC. Contractor shall provide all labor, materials, equipment, tools, and transportation required to perform these services.

(ii) The following shall be included on submitted quote:

(A) A breakdown of material and labor (flat fees are not acceptable);

(B) the hourly rate with an estimated number of hours;

(C) any markups over cost; and

(D) labor type/description.

(iii) Quotes shall not include taxes. TFC is tax-exempt. Quotes shall be formatted to match pricing as awarded and identified on Attachment E. The TFC Contract Administrator purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such offerings shall be documented on project quotes.

(iv) Contractor understands and agrees that no guaranteed minimum number of Purchase Orders or amount of work will arise from this Contract.

(v) Upon receipt of a Purchase Order, Contractor shall respond to the TFC Contract Administrator on-site within twenty-four (24) hours. Contractor shall perform all work under a Purchase Order within the timeframe agreed upon; if Contractor cannot perform the work within timeframe stated, Contractor may be subject to liquidated damages.

(vi) Contractor shall check in and out with the TFC Contract Administrator to ensure that the TFC Contract Administrator logs the commencement and completion times for the “Service Ticket” for the services performed under a Purchase Order.

Contractor shall provide the following information on the Service Ticket:

(A) building name;

(B) elevator number;

(C) TFC work order number;

(D) number of hours worked; and,

(E) narrative description of the completed services.

(d) PREVENTATIVE MAINTENANCE PROGRAM.

Contractor shall establish and execute a preventative maintenance schedule and program (“PM Program”). Contractor shall submit a copy of the proposed PM Program to the TFC Contract Administrator for approval. This PM Program shall include a preventative maintenance checklist (hereinafter referred to as “PM Checklist”), as described in this Section, for each elevator at each location; and, a bound service log book (hereinafter referred to as “Service Log Book”), as defined in this Section below, for each machine room. The PM Checklist and Service Log Book shall be permanently maintained in each machine room and shall become the property of TFC. Once approved by the TFC Contract Administrator, the PM Program, all PM Checklists, and all Log Books shall be incorporated by reference as part of this Contract.

(i) The PM Checklist shall contain the following information: name of building, elevator type(s), elevator number, elevator serial number, specific items of maintenance, frequency for each maintenance item, date maintenance performed, and initials of the Service Mechanic,.

(ii) The Service Log Book shall contain the following information: name of the building, elevator type(s), serial number of each elevator served by that machine room, and space for the mechanic to record each visit to the machine room. An entry is required for each visit to the machine room which shall include the following: name and signature of the Service Mechanic further defined in Section 1.01(l)(ii), the date, the time and the duration of the visit, the preventative maintenance performed (mechanic may reference portion of the PM Checklist performed), any specific information regarding malfunctions encountered including corrective action taken and parts replaced, general comments regarding the condition of the equipment and machine room, and items which may require special attention on future visits. The TFC Contract Administrator may also make entries in the Service Logbook.

(iii) Contractor shall furnish TFC with a written certification that the Preventative Maintenance Ticket for every visit, no later than 5:00 pm on the day following the visit. A consolidated Preventative Maintenance Report is to be furnished electronically to TFC on the second Friday of each month, no later than the close of business, documenting all Preventative Maintenance for the previous month to the Contractor Administrator. Subject to Section 3.02 of this Contract, TFC may withhold payment from Contractor if scheduled preventative maintenance is not performed on any unit and/or certification is not submitted as specified.

(e) SERVICE CALL.

For the purpose of evaluating performance under this Contract, a “Service Call” is defined as any malfunction of an elevator caused by failure of any part or component to function fully in accordance with manufacturer’s specifications. Contractor shall respond to Service Calls on-site within sixty (60) minutes or less during normal working hours, if deemed necessary by the TFC Contract Administrator, and no more than two (2) hours outside of normal working hours. Contractor shall maintain a complete, orderly written report of all repairs. These “Service Call Reports” shall indicate the time, day, name of Service Mechanic defined below, deficiency reported, and corrective measures taken to eliminate all deficiencies.

For all Service Calls outside of regular business hours (i.e., outside of the hours between 6:00 am. and 6:00 p.m.), the Service Mechanic working the Service Call shall notify TFC Contract Administrator, , of the Service Mechanic's arrival at the site, and again at the time of the Service Mechanic's departure from the site. When the Service Mechanic notifies TFC of his departure from the site, he shall also provide a brief oral summary Contract Administrator of the deficiency identified during the Service Call and steps taken to address the deficiency. Contractor shall furnish TFC with a written Service Call Report for every Service Call, both inside and outside of regular business hours, no later than 5:00 p.m. on the day following the Service Call. A consolidated Service Call Report is to be furnished electronically to TFC on the second Friday of each month, no later than the close of business, documenting all Service Calls for the previous month.

(f) ELEVATORS OUT OF SERVICE.

Any time an elevator is taken out of service by the Contractor, a printed (8 1/2" x 11") OUT OF SERVICE sign including Contractor’s company name shall be placed on each elevator hall door on all floors.

(g) ELEVATORS UNDER CONSTRUCTION.

Elevators which are currently under construction may be included in the Contract with the anticipated date of addition to the Contract, as set forth in Attachment E. TFC will notify Contractor thirty (30) days prior to the date each elevator is to be added to the Contract.

All other terms and conditions of this Contract will apply. Elevators may also be deleted from this Contract. For example, when major remodeling is conducted the elevators would become the responsibility of the remodeling general contractor. Plans and specifications for new or renovated elevators will be made available.

(h) EXCLUSIONS.

The following item list enumerates the only items that are excluded from Contractor’s responsibility under this Contract: car enclosures, floor coverings, door panels, plenum chambers, hung ceilings, light diffusers, handrails, mirrors, carpets, hoist way enclosures, hoist way gates, doors, frames, sills, underground piping, and jack casing. Work performed that is not associated with maintenance requirements, but is the result of abuse, physical damage, or other similar action, is excluded from this Contract. The elevator will be placed out of service until the TFC Contract Administrator inspects the damages and authorizes the work to be completed. The burden of proof that an item is excluded or cause of elevator malfunction was due to the any of the above situations shall be on Contractor. All charges for repair services not covered by the Contract shall be restricted to labor and material only.

The hourly rate quoted in Attachment E may be charged. If overtime is required, no more than the hourly rates quoted in Attachment E may be charged.

(i) WORKING HOURS.

Contract work shall be performed during normal working hours of 8:00 am-5:00 pm Monday through Friday. Contract work may also be performed at hours other than normal business hours, at the direction of the TFC Contract Administrator, in order to meet required schedules. Contractor will be on-call twenty-four (24) hours a day 365 days a year and respond to the TFC Contract Administrator.

(j) MATERIAL/PARTS.

(i) Job Material Inventory.

Contractor shall maintain a supply of contacts, coils, leads and generator brushes, lights, lubricants, wiping cloths, and other minor parts in each elevator machine room for the performance of routine and preventative maintenance and shall furnish a copy of all applicable material safety data sheets to TFC. The TFC Contract Administrator may require Contractor stock a specific tool or part. The costs of these parts shall be the responsibility of Contractor.

(ii) Spare Parts Inventory.

Contractor shall maintain a supply of replacement parts in local warehouse inventory. This inventory shall include but shall not be limited to: generator rotating elements, door operator motors, brake magnets, generator and motor brushes, controller switch contacts, selector switch contacts, solid state components, selector tape or cables, door hangers, rollers, hoist way limit switches, and other similar parts. Any parts not warehoused in El Paso must be available for shipment to arrive in El Paso within forty-eight (48) hours of failure of the part. Contractor may be required to submit to TFC an inventory of parts warehoused locally and in other cities prior to award of this Contract and at any time during the duration of this Contract. TFC or its designated representative may visit warehouse locations during normal working hours to verify the inventory submitted. Replacement parts shall be Original Equipment Manufacturer (OEM) or equivalent and shall meet OEM specifications.

(iii) Steel Parts Cabinets and Wiring Diagrams.

Contractor shall maintain metal safety storage cabinets for the orderly storage of replacement parts in the machine room, including, but not limited to, contacts, coils, leads and generator brushes, lights, lubricants, wiping cloths, and other minor parts, and original wiring diagrams, where applicable, with the latest changes for each elevator, in order to adequately respond to Service Calls, as defined in Section 1.01(e) above, or Callback service, as defined in Section 1.13 below. Contractor shall furnish wiring diagrams, when revised, to be displayed in the machine room(s) for easy reference, which will become part of the elevator equipment. All drawings, diagrams and amendments thereto shall remain the property of TFC.

(k) REQUIRED PERSONNEL.

(i) Contractor Supervision.

Contractor shall designate a supervisor who shall visit all selected job site at least quarterly. Additional visits may be required if requested by the TFC Contract Administrator. At each visit, Contractor's supervisor shall ride each car and inspect each elevator machine room at the job site visited. The visit shall be documented in the Logbook and shall require all applicable entries as required for visits by the Service Mechanic, defined below. Contractor's supervisor shall contact the TFC prior to each visit.

(ii) Service Mechanic

(A) “Service Mechanic” shall mean individuals with qualification as set forth in

Section 1.01(k)(iii)(B) of this Contract, to support elevators at the El Paso State Office Building;

(B) Upon entering and leaving the job site, the Service Mechanic shall report to the TFC Contract Administrator at 737-710-5144. When an elevator is taken out of service, when that elevator is returned to service, and after each Service Call and/or Callback, the Service Mechanic shall notify the TFC Contract Administrator.

(C) The Service Mechanic’s work shall include, but not be limited to preventative e maintenance, minor adjustments, answering trouble calls, minor repair and retrieval of objects which have fallen into elevator pits.

(iii) Qualifications.

Contractor’s personnel shall demonstrate that they meet or exceed the following qualifications:

(A) Managerial staff shall have five (5) years of experience managing contracts and satisfactorily maintaining elevators of the type, grade and degree included in this Contract;

(B) All Service Mechanics assigned to perform services under this Contract shall be trained and familiar with ANSI/ASME 17.1; and,

(C) Personnel and subcontractors who will be performing the services required under this Contract shall have a minimum of four (4) years of experience in the maintenance of elevator equipment with the same types and model numbers to the equipment listed in Attachment E.

(iv) Absenteeism and vacation.

Contractor is responsible for moving staff, as needed, to cover for vacancies, sick leave and vacations. Failure to provide sufficient employee staffing to meet Contract requirements may result in TFC's determination that Contractor shall be required to create and execute a Corrective Action Plan, in accordance with the terms of Section 2.04 of this Contract. Contractor shall provide any and all relief personnel or overtime personnel, as necessary, at no cost to TFC to ensure that the provisions of this Contract are performed.

(v) Independent Contractor.

It is understood and agreed by TFC and Contractor that Contractor is retained as an independent contractor and in no event shall any employee hired by Contractor be considered an employee of TFC.

(vi) Reference Articles 4 and 7 below for additional personnel requirements.

(l) TRAVEL TIME.

Travel time to and from the job site, including work covered under warranty, is not reimbursable under this Contract.

(m) FREIGHT AND SHIPPING CHARGES Freight and shipping charges are not an allowable expense under this contract. Expedited shipping charges, with prior approval from the TFC Contract Administrator, may be allowed.

(n) LICENSING AND CODES.

(i) Contractor shall ensure service and maintenance technicians are properly trained, certified and licensed, as applicable to the systems listed on Attachment E, to perform the assigned work. TFC reserves the right to verify that the certification or license is current for the individual working on each piece of equipment or system under the Contract. Contractor is responsible for providing training, certification, or license renewals for their employees.

(o) SERVICE COMPLETION TIME.

Contractor must perform work within timeframe agreed upon by Contractor and TFC prior to beginning work. If Contractor cannot perform work within timeframe stated, Contractor may be subject to liquidated damages.

1.02. TFC CONTRACT ADMINISTRATOR.

(a) TFC shall designate a TFC Contract Administrator for this Contract who will serve as the point of contact between TFC and Contractor. For all purposes, the TFC Contract Administrator includes the TFC Contract Administrator’s designated representative (hereinafter collectively referred to as “TFC Contract Administrator”). The instructions of the TFC Contract Administrator are to be strictly and promptly followed by Contractor at all times. The TFC Contract Administrator is to have free access to Contractor’s supplies, equipment, and work product at all times for inspection and audit. Contractor is to afford the TFC Contract Administrator all necessary assistance during those inspections and/or audits. The TFC Contract Administrator will decide any and all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The TFC Contract Administrator will determine the amount of work performed and materials furnished which are to be paid under this

Contract. Failure of the TFC Contract Administrator during the progress of the Contract to:

(i) discover or reject unacceptable work;

(ii) discover work not in accordance with the Contract; or

(iii) fail to exercise any remedies in connection therewith, shall not be deemed an acceptance thereof or a waiver of TFC’s right to full performance of the Contract.

(b) Contractor agrees to conduct all of its services under this Contract by and through appropriate communications with the TFC Contract Administrator. No work, installation or other services shall be undertaken by Contractor except with the prior written direction of the TFC Contract Administrator. Contractor understands and agrees that work, installation, or any other service performed without the prior written direction of TFC Contract Administrator is work outside the scope of this Contract and shall be performed exclusively at Contractor’s risk and own expense.

1.03. EXAMINATION OF PREMISES.

Contractor shall be held to have examined all properties at which the work will take place and to be familiar with the conditions under which the work will be accomplished. Contractor shall inspect existing conditions prior to commencing work, including elements subject to damage or movement during the performance of services under this Contract.

1.04. DAMAGE TO EXISTING STRUCTURES.

(a) Contractor shall be responsible for all damage to existing building or previously completed work resulting from the acts or omissions of its staff or subcontractors. Contractor shall protect the work, adjacent property and the public from damage and debris. It is the intent of this Contract that any item affected by the work shall be restored to a state equal to or better than its original condition.

(b) In the event of damage as a result of Contractor’s or its subcontractor’s operations, Contractor shall notify the TFC Contract Administrator as described below:

(i) if the damage poses a threat to health or safety or if further damage will result if immediate action is not taken, Contractor will report the damage to the TFC Contract Administrator as soon as Contractor is aware of the damage. If the Contractor is not able to reach the TFC Contract Administrator immediately,.

Contractor shall take any available steps to mitigate further damage.; or

(ii) all other damage must be reported to the TFC Contract Administrator within three

(3) calendar days of Contractor becoming aware of the damage.

(c) Contractor shall repair or restore all damage resulting from the acts or omissions of its staff or subcontractors to the satisfactory approval of the TFC Contract Administrator, such approval not to be unreasonably withheld. Contractor shall present its intended plan of action for the repair or restoration to the TFC Contract Administrator. Contractor shall engage any additional outside services which may be necessary to facilitate repairs until services and facilities are restored. Contractor shall be responsible for all costs to repair and restore disrupted facilities and services, including but not limited to direct and consequential costs resulting from the aforesaid damage. If the TFC Contract Administrator is not satisfied with Contractor’s plan of action, the TFC Contract Administrator may elect to perform such repairs and deduct the cost of such repairs, replacements, and outside services from amounts due to Contractor.

1.05. UTILITIES.

Upon the approval of the TFC Contract Administrator, Contractor shall have the right to utilize air, water, gas, steam, electricity, and similar items of expense from existing outlets at TFC property.

1.06. STORAGE/WASTE REMOVAL.

Contractor will be allowed to store materials and equipment in performance of this Contract, other than that required under Section 1.01 (k) of this Contract only if space is available in the building.

Storage space will be arranged through the TFC Contract Administrator. Contractor shall keep premises clean on a continual basis and no trash or debris will be permitted to accumulate in work areas. Use of a dust barrier may be required and will be communicated to Contractor by the TFC Contract Administrator on a per project basis. Contractor will remove and dispose of all trash and oil from floors when job is complete for the day. Contractor shall be responsible for removal and disposal of all debris, waste materials, waste packaging material, and excess materials purchased by Contractor associated with this contract which may include, if applicable, the rental of a waste receptacle. If needed, site placement of the waste receptacle shall be approved by the TFC Contract Administrator. TFC is not responsible for the security of stored materials and equipment. TFC encourages the use of gang boxes for tool storage and securing the site when unoccupied by Contractor. Contractor shall maintain at all times clear access to fire lanes and emergency and utility control facilities such as fire hydrants, fire alarm boxes, utility valves, manholes, junction boxes, fire extinguishers, and emergency exits.

1.07. SECURITY AND IDENTIFICATION.

Contractor shall abide by all procedures and rules as conveyed by the TFC Contract Administrator regarding security requirements of the building where work is to be performed. All Contractor’s and subcontractor’s personnel must wear either uniforms or appropriate clothing always identifying them as employees of the Contractor or subcontractors when working in TFC facilities.

Contractor personnel must have a TFC supplied identification badge visible at all times when working in TFC facilities.

1.08. CONTRACTOR ACCESS.

Access routes, entrance gates or doors, parking and storage areas, and other necessary Contactor access, along with any imposed time limitations shall be designated by TFC Contract Administrator. Contractor shall conduct operations in strict observation of the access routes and other areas established. Under no circumstances shall any of Contractor’s employee, vehicles, or equipment enter or move upon any area not authorized by TFC Contract Administrator for access by Contractor.

1.09. CONTRACTOR PARKING.

Parking, for Contractor vehicles when performing work, must be coordinated through the TFC Contract Administrator. The TFC Contract Administrator will arrange parking according to parking availability at the job site. Parking in close proximity to the project may not be possible.

Contractors may be required to utilize remote parking and carpooling when space is not available.

TFC will not reimburse Contractor for any cost incurred for parking fees or fines.

1.10. SMOKING.

All facilities where work is to be performed are nonsmoking buildings. Contractor’s employees are prohibited from smoking in all areas except in areas designated for smoking.

1.11. DISPOSAL OF SALVAGEABLE ITEMS.

(a) The TFC Contract Administrator shall mark and/or otherwise inform Contractor of any material that will be salvaged by TFC. Disposal may include depositing in a central location for salvage by TFC other locations as determined by the TFC Contract Administrator.

(b) TFC may elect to offer any salvageable material to Contractor, as a trade-in on new property of the same general type, in accordance with Texas Government Code Section

2175.903. Contractor is not obligated to accept the salvageable material.

1.12. CHEMICALS.

Contractors and subcontractors shall provide TFC Risk Management and the TFC Contract Administrator a legible Material Safety Data Sheet (hereinafter referred to as “MSDS”) for all chemicals to be used or brought onto TFC controlled property for each project. MSDSs shall be submitted prior to the start of work.

1.13. CALLBACK.

For the purpose of evaluating performance under this Contract, a “Callback” is defined as a service call that requires the Service Mechanic, as defined in Section 1.01(k)(ii) of this Contract, to return to perform a previously performed service due to the Service Mechanic’s inability, negligence or lack of knowledge to correct a deficiency. Contractor is to perform Callback Service at no additional cost to TFC, regardless of whether the work is performed during normal working hours or overtime hours. Contractor shall maintain a complete, orderly written report of all Callbacks.

These “Callback Reports” shall indicate the time, day, name of Service Mechanic, deficiency reported and corrective measures taken to eliminate all deficiencies. A Callback Report is to be furnished to TFC as soon as the service is provided. A consolidated Callback Report is to be furnished electronically to TFC on the second Friday of each month, no later than the close of business, documenting all Service Calls for the previous month.

1.14. CALLBACK RESPONSE.

Failure by Contractor to successfully complete a service will result in a Callback, as defined in Section 1.13. The TFC Contract Administrator will contact the Contractor and notify them of the Callback Contractor shall respond to a Callback during normal working hours, as defined in Section 1.01. (i) of this Contract, and also during any overtime hours. All calls shall be answered within 60 minutes or less during regular working hours and not more than two hours (2) outside of regular working hours. If a call is not answered in the specified time, TFC may engage a third party to answer the call and charge the cost of the repairs to Contractor.

TERM AND TERMINATION

2.01. CONTRACT AWARD.

(a) This service shall begin on the day of issuance of purchase order and shall expire on August

31, 2025. This service may be renewed for up to two (2) additional two (2) year periods, provided the renewal is executed prior to expiration and of the current purchase order term.

Any renewals are executed prior to expiration of the current purchase order term. Any renewals shall be in writing and at the same terms and conditions, plus any approval changes.

(b) Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract.

2.02. TERMINATION.

(a) Termination with Default. TFC may terminate this Contract immediately for default by providing written notice to Contractor of such termination if the Contractor fails to execute the work properly, performs work in an unsatisfactory manner, or fails to perform any provision of the Contract. In the event of abandonment or default, Contractor will be responsible for paying damages to TFC, including but not limited to, the cost to re-solicit this Contract and any consequential damages to the State of Texas or TFC resulting from Contractor’s non-performance. The defaulting Contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the scope of work is significantly changed.

(b) Termination without Default. TFC may, at its sole option and discretion, terminate this Contract at any time, for any reason whatsoever, in whole or in part, by giving written notice (the “Notice of Termination”) to Contractor at least thirty (30) days prior to the effective date of termination or reduction in the scope of work. In the event of termination by TFC under this subsection, Contractor shall be governed by the terms and conditions, and shall perform the acts outlined in the following Section 2.02(c) below.

(c) Implementation of Termination. Contractor shall terminate all work under the Contract to the extent and on the date specified in the Notice of Termination and until such date shall, to the extent stated in the Notice of Termination, do such work as may be necessary and be compensated only for such work as may be necessary as determined by TFC Contract Administrator to preserve the work in progress and to protect materials, properties, and equipment. In the event of termination by TFC, TFC shall pay Contractor for all work satisfactorily performed up to the effective date of termination or reduction in the scope of work in accordance with the prices included in the scope of work.

(d) Termination by Contractor. Contractor may terminate the Contract upon providing sixty

(60) days’ written notice to TFC. In the event of termination by Contractor, Contractor shall be governed by the terms and conditions of this Contract, and shall perform the acts outlined in Section 2.02(c) above. Contractor will be held responsible for additional cost incurred from the termination of this Contract.

2.03. UNSATISFACTORY PERFORMANCE.

In its sole and absolute discretion, TFC may determine that a Contractor's performance is unsatisfactory. An unsatisfactory performance determination may be based upon but is not limited to the following:

(a) more than two (2) service Callbacks to provide elevator maintenance services within thirty

(30) calendar days;

(b) more than two (2) instances within one (1) calendar year of Contractor personnel assigned to an authorized Service Call not having the skill or knowledge to perform the required service;

(c) more than two (2) instances within one (1) calendar year of which response time to a Service Call exceeds sixty (60) minutes or less during normal working hours and no more than two hours (2) outside of normal working hours;

(d) more than two (2) instances within one (1) calendar year of which response to an emergency Callback exceeds sixty (60) minutes or less during normal working hours and no more than two hours (2) outside of normal working hours;

(e) failure to establish and adhere to the Preventative Maintenance Schedule and site visits and documentation of same on the PM Checklist and Service Logbook;

(f) failure to timely complete and document required inspections.

(g) failure to timely submit Service Call and Callback Reports and certification of completed maintenance;

(h) failure to maintain an adequate supply of parts included in Section 1.01(j) of this Contract.

(i) failure to have supervisor perform quarterly walkthroughs per section Sections 1.01 (k)(i) of this contract.

(j) more than three (3) instances, within one (1) calendar year of invoices not being submitted accurately within the required time after service completion.

2.04. CORRECTIVE ACTION PLAN.

(a) If TFC identifies one or more instances of Contractor’s unsatisfactory performance based on the actions or inactions set forth in Section 2.03 above or otherwise based on Contractor’s obligations under this Contract, the TFC Contract Administrator may request a corrective action plan (hereinafter referred to as “Corrective Action Plan”) from Contractor by notifying Contractor in writing of the issue(s) which constitute unsatisfactory performance, and direct Contractor to provide a written Corrective Action Plan. Contractor shall deliver a Corrective Action Plan within ten (10) business days of TFC Contract Administrator’s notification, and such plan shall be subject to written approval by the TFC Contract Administrator. The Corrective Action Plan shall address how Contractor will correct the instances of unsatisfactory performance identified by TFC, and provide that Contractor shall, unless otherwise approved in advance by the TFC Contract Administrator, complete all actions set forth in the Corrective Action Plan no later than thirty (30) calendar days following Contractor Administrator’s approval of the Plan. Failure to correct specific instances of unsatisfactory performance included in the notice requesting the Corrective Action Plan, within the time as set forth in this paragraph, shall entitle TFC to avail itself of one or more of the following remedies at TFC’s sole and absolute discretion:

(i) TFC’s imposition of liquidated damages on Contractor in an amount equal to ten percent (10%) of the among of compensation otherwise payable to TFC to Contractor under this Contract for work performed during the three (3) calendar month period preceding the date of the most recently submitted Corrective Action Plan was approved by the TFC Administrator; or

(ii) TFC’s termination of this Contract.

(b) In addition, if Contractor is required to deliver and perform under more than one (1)

Corrective Action Plan within any period of twelve (12) consecutive calendar months during the term of this Contract, and regardless of whether or not Contractor successfully completes such Corrective Action Plans, TFC may consider such conduct to amount to Contractor’s continuing material nonperformance of services under this Contract. In such an event, TFC may invoke one or more of the following remedies at TFC’s sole and absolute discretion:

(i) TFC’s imposition of liquidated damages on Contractor in an amount equal to ten percent (10%) of the amount of compensation otherwise payable by TFC to Contractor under this Contract for work performed during the three (3) calendar month period preceding the date the most recently submitted Corrective Action Plan was approved by the TFC Contract Administrator; or

(ii) TFC’s termination of this Contract.

2.05. NO LIABILITY UPON TERMINATION.

If this Contract is terminated in accordance with the terms of this Contract or as otherwise provided by law, TFC and the State of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination absent an award of damages pursuant to Texas Government Code, Chapter 2260.

2.06. CHANGE IN FEDERAL OR STATE REQUIREMENTS.

If federal or state laws, rules, regulations or requirements applicable to this Contract are amended, performance under this Contract will be subject to the laws, rules, regulations or requirements applicable at the time of performance under the Contract. If federal or state laws or regulations or other federal or state requirements are amended or judicially interpreted so that either TFC or Contractor cannot reasonably fulfill the Contract and if the parties cannot agree to an amendment that would enable substantial continuation of the contract, the parties shall be discharged from any further obligations under the Contract.

2.07. RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT.

In the event that the Contract is terminated for any reason, or upon its expiration, TFC shall retain ownership of all associated work products and documentation obtained from the Contractor under this Contract.

CONSIDERATION.

3.01. CONTRACT LIMIT AND FEES AND EXPENSES.

(a) The total amount of this Contract shall not exceed the sum of $XXX.xx. This amount includes the Fiscal Year 2024-25 Base Services fee for $XXX.xx and $XXX.xx to cover any As Needed Services, as defined in Section 1.01(c). Pricing fees shall be invoiced in accordance with Attachment E – Compensation and Fees, attached hereto and incorporated herein for all purposes. Any changes to the not to exceed amount of this Contract or pricing fees set forth in Attachment E – Compensation and Fees shall be submitted to TFC for review and shall be approved by a Purchase Order Change Notice (POCN).

(b) If, at any time during the term of this Contract, Contractor reduces the comparable price of any article or service covered by the Contract to customers other than TFC, the prices charged to TFC for such articles or services shall also be reduced proportionately. Such reduction shall be effective at the same time and in the same manner as the reduction in price to customers other than TFC. In addition to invoicing at the reduced prices, Contractor shall furnish promptly to TFC complete information regarding the reduction.

3.02. PAYMENTS TO CONTRACTOR.

(a) Payments to Contractor will be made on a monthly basis and within thirty (30) days from receipt of a correct invoice or billing statement in accordance with the Texas Government Code, Chapter 2251, known as the Texas Prompt Payment Act. An invoice is considered received on the date it is date stamped by TFC Accounts Payable. Contractor will be paid for completion of work accepted and approved by TFC Contract Administrator. For large projects, partial payment may be allowed once per month on completed work with acceptance and approval of the TFC Contract Administrator.

(b) Contractor will be paid for work performed to the end of the preceding month, provided that the work required to be performed under the Contract shall have been fully and satisfactorily completed, accepted, and approved by TFC Contract Administrator.

(c) Contractor shall invoice TFC for work performed by vendor identification number, building, and purchase order number. Invoices must be submitted in compliance with 34 Texas Administrative Code, Part 1, Section 20.487(a) and must include the purchase order number, the number of employees that worked on the job, the number of hours, and a copy of the project service ticket. Additionally, invoices for any materials purchased for each project must be provided. Address for submission is: Texas Facilities Commission, Accounts Payable, P.O. Box 13047, Austin, Texas 78711-3047 or accountspayable@tfc.texas.gov.

(d) Contractor shall list any costs for required payment or performance bonds as a separate line item on the invoice accompanied by receipt from surety company.

(e) Contractor shall invoice TFC within two (2) weeks of service/project completion for As needed services. Contractor material invoices shall be attached to final invoice.

3.03. ADDITIONAL SERVICES AND ADJUSTMENTS.

(a) Additional Services are those services not included in Article 1 of this Contract which may be requested by TFC at any time for the duration of this Contract. Upon request by TFC for Additional Services, Contractor shall prepare and submit to TFC a quote for such services requested. Additional Services will be charged at the rates set forth in Attachment mailto:accountspayable@tfc.texas.gov

E – Building Equipment Listing and Compensation and Fees and shall be documented by a POCN.

(b) Additional Services may also include the addition of units and/or facilities for which no unit price was included in Attachment E – Building Equipment Listing and Compensation and Fees and may be added to this Contract provided TFC and Contractor agree to a unit price. Prices for any additional units shall be calculated by comparing pricing to similar services included in Attachment E – Building Equipment Listing and Compensation and Fees. The addition of units and/or facilities shall be documented by POCN.

(c) At any time, TFC may adjust the Contract, in whole or in part, with thirty (30) days’ notice to Contractor. An adjustment will be made when a service is no longer required and shall be documented by POCN.

CONTRACTOR PERSONNEL.

4.01. REQUIRED QUALIFICATIONS.

At all times during the term of the Contract, Contractor shall have available, under direct employment and supervision, the necessary qualified and licensed personnel, organization, and facility to properly fulfill all the terms and conditions of this Contract.

4.02. GENERAL AND CRIMINAL BACKGROUND CHECKS.

(a) Contractor represents and warrants that Contractor and Contractor’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised TFC as to the facts and circumstances surrounding the conviction.

(b) Contractor’s employees and subcontractors that will complete any work on site at a state-owned property may be subject to a criminal background check. Any expense associated with such criminal background check shall be borne by Contractor. If requested by TFC, a complete criminal background check shall be completed before any employee performs services at the site and may be requested at any time thereafter. Criminal background checks must be accomplished by the Texas Department of Public Safety (“DPS”), which includes fingerprint processing by an independent third-party company selected by DPS.

Upon receipt of the fingerprints of Contractor’s employees and/or subcontractors, DPS or TFC, will adjudicate the results of the criminal background searches in accordance with the criteria set forth in Attachment F, Criminal Background Checks and Application Guidelines, attached hereto and incorporated herein for all purposes.

4.03. REMOVAL OF PERSONNEL.

(a) TFC may request that the Contractor replace unsatisfactory personnel, which request shall not be unreasonably denied.

(b) TFC may request that Contractor remove any employee for cause, including but not limited to, poor or unacceptable performance of work; theft, abusive language or behavior, or improper attire. Repeat occurrences of this type may be cause for termination of the Contract.

4.04. CONTRACTOR SAFETY.

(a) All Contractors and subcontractors conducting work for TFC shall abide by all

Occupational Safety and Health Administration (hereinafter referred to as “OSHA”) rules and regulations provided by the Department of Labor, OSHA, and Code of Federal Regulations, Chapter 29. Employees of Contractor and subcontractors shall be trained in accordance with Chapter 29, Occupational Safety and Health Regulations.

4.05. CONTRACTOR COOPERATION.

Contractor agrees to cooperate and coordinate its work with that of other contractors retained by TFC. Upon discovery of an apparent conflict in the sequencing of work with another contractor, Contractor shall report the concern to TFC Contract Administrator who will resolve the conflict.

4.06. E-VERIFY.

(a) By entering into this Contract, Contractor certifies and ensures that it utilizes and…