RSI013202_Contract.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: STATEWIDE ELEVATOR AND LIFTS PREVENTATIVE MAINTENANCE & REPAIR (Regions 4&5)

CONTRACT No.: RSI013202

CONTRACT ID: 11001

EFFECTIVE DATES: 6/1/2023 to 5/31/2026

SUPPLIER: ORACLE ELEVATOR HOLDCO INC

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000006296 The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 06/30/28 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all state agencies, state institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=/page.aspx/en/buy/homepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE OF WORK:

1.1.1. The purpose of this Invitation to Bid is to establish contracts with qualified firms to provide the preventive maintenance, other required maintenance, and repair services, call back, emergency, and entrapment response services required to maintain satisfactory performance and regulatory compliance to elevator and lift systems for facilities throughout Ohio.

1.1.2. Proper elevator system operation and satisfying regulatory compliance are essential to a core function of Ohio Facilities, so downtime must be kept to a minimum. The awarded Contractor(s) shall maintain the equipment covered by this contract per the requirements of these specifications and shall maintain their speed, capacity, and performance at all times.

1.1.3. The awarded Contractor(s) will provide the facilities within its awarded Region(s), with elevator, lift, and dumbwaiter maintenance services utilizing only trained technicians to perform inspections and diagnostic tests for all peripheral devices connected to the facility. Service will be monthly, scheduled in advance at the convenience of the customer.

1.1.4. Facilities will use the Contractor awarded for the Region in which they are located. The monthly pricing for required Scheduled Preventative Maintenance services must include all materials, equipment, qualified/certified labor, logistics, call-back service, and personnel transportation necessary for the successful completion of all required services for all equipment.

1.1.5. Additionally, the Contractor must provide requested unscheduled repairs, required infrastructure changes, call back and emergency and entrapment response services for facilities in their awarded Region(s).

1.1.6. Legal and Regulatory Compliance:

1.1.6.1. The Contractor shall maintain elevators/lifts and their associated equipment and accessories to comply with the requirements of the applicable ASME/ANSI A.17.1 safety codes and any other rules, ordinances, or building codes that may apply. The ANSI Elevator Inspection Manual A.17.2 shall be used as a guide to establishing that the equipment is operating safely.

1.1.6.2. Ohio Revised Code, Chapter 4105, and latest amendments thereof.

1.1.6.3. Ohio Administrative Code, Chapter 1301:3-6 and 4101:5, and latest amendments thereof.

1.1.6.4. All work must be performed in compliance with the Occupational Safety and Health Act and any revisions thereto. Any citations issued by OSHA shall be the responsibility of the Contractor.

1.1.6.5. Any permits required by the authority having jurisdiction shall be obtained by the contractor and will be reimbursed by the Department at cost.

1.2. REQUIREMENTS

1.2.1. General Requirements

1.2.1.1. The Contractor shall use trained employees directly employed and supervised by their firm. They shall be qualified to keep the equipment properly adjusted and shall use all reasonable care to maintain the elevator/lift equipment in proper and safe operating condition.

1.2.1.2. The Contractor shall be one regularly engaged in the business of service of elevators/lifts of the type and character as herein described herein. If requested by the state of Ohio, the Bidder must demonstrate how they will meet the requirements of this Invitation to Bid.

1.2.1.3. The Contractor, where applicable, shall maintain the original equipment performance standards, in feet per minute, the original performance time, including acceleration and retardation as designed and installed by the manufacturer. Signal and dispatching times shall be maintained and the original door opening and closing time per the original manufacturer’s specifications, within the limits of applicable codes in per the original manufacturer’s specifications.

1.2.1.4. The Contractor shall maintain the entire elevator/lift/dumbwaiter unit as herein described and shall employ all reasonable care to see that the elevator/lift equipment is maintained in proper and safe operating condition and in a manner that will maximize the lifecycle of the equipment. If changes are required or recommended, the Contractor shall communicate both positive and negative benefits to proposed changes in writing to the on-site Facility Manager. The Contractor shall not make changes to any elevator/lift speed, performance time, acceleration, retardation, door opening time, and door closing time unless otherwise approved in advance by the Facility Manager.

1.2.1.5. Within 30 days after the award, the Contractor should complete an inspection of the equipment and systems and submit an itemized list of the existing deficiencies that would require correction to bring the elevators up to original performance standards. The Contractor shall submit a report on whether or not any deficiencies are noted. Inspections shall be coordinated with the on-site Facility Manager.

Note: If the report is not received, it is held that the Contractor has not found any deficiencies, and all repair work shall be at the Contractor’s expense.

1.2.1.6. All bidders shall submit with their bid a schedule for inspection and adjustments in the form of a Check Chart, submitting one (1) chart for each different type of elevator system. The Check Chart shall indicate the preventive maintenance, routine and periodic inspections to be performed, and the frequency of those tasks per the specifications contained herein.

1.2.1.7. Upon award of the contract, within 30 days, the Contractor shall review and revise, if necessary, the Check Charts for each different type of elevator system with the Facility Manager or their designated representative for approval. Upon acceptance of the Check Charts, the Contractor, at their own expense, install a Check Chart in every machine room for each elevator included in the contract. Space will be provided on the Check Charts in which the servicing mechanics can indicate the date on which each item is serviced.

1.2.1.8. During the term of the contract, the Check Charts shall be submitted to the Facility Manager by the fifth day of the month following services.

Maintenance Check Charts submitted to the Facility Manager must include: the facility name, contractor's name, contract number, service technician’s name, date(s) of maintenance, beginning and completion time(s), and details of the maintenance performed.

1.2.1.9. The state requires a single point of contact for each awarded Contractor for scheduling, contract administration, and billing to eliminate confusion for questions to responsible parties. The contact information shall include name, position/function, email address, phone number, and alternate contact number for each office that will service facilities covered by this contract. Contractor staffing may require that the contact(s) for scheduling, contract administration, and billing be three different people. The Contractor shall update this contact list whenever changes are made during the term of this contract.

1.2.1.10.All replacement parts shall be specifically designed for the elevator/lift on which they are to be used. The Contractor shall utilize all replacement parts from the original equipment manufacturer (OEM) of the elevator/lift system, or from suppliers that can provide such original parts. Parts purchased from suppliers other than OEM are those which are regularly supplied to the original manufacturer and are approved by the original elevator/lift manufacturer for use in their elevator/lift systems.

1.2.1.11. In the event the Contractor requires non-OEM replacement parts, the Contractor shall submit :

1.2.1.11.1. Written confirmation of unavailability of the obsolete component/device or replacement parts from the original manufacturer. If the original manufacturer is out of business, the Contractor shall provide a written statement that the original manufacturer is out of business and a similar component/device is not available from all recognized sources.

1.2.1.11.2. A written statement from the Contractor confirming that the original component/device cannot be repaired to ensure safe and proper operation.

1.2.1.11.3. A written statement from the Contractor detailing the alterations of changes in operation that will be required to replace the obsolete component/device. Note: The above three items can be provided in one letter or statement.

1.2.1.11.4. Itemized proposal listing the labor hours and materials required to replace the obsolete equipment and documentation showing the contractor's cost of the new components or device.

1.2.1.12. If any equipment or system component must be removed from service during normal work hours, the Contractor’s technician must coordinate the removal from service with the Facility Manager or designated representative. The technician shall post signage on the unit and isolate the power supply to the equipment with their own lockout/Tagout device per OSHA standard 1910.147.

1.2.1.13.The contractor shall provide and use OSHA-approved barricades during any work exposed to the general public.

1.2.1.14.Upon completion of an inspection, the Contractor shall leave the systems in satisfactory operation; or, if not in operation, the team shall contact the appropriate Facility Manager or designated representative and state why the system is inoperative, and what must be done to put it into satisfactory operation.

1.2.1.15. If an elevator fails to operate, the Contractor shall restore that unit to service within 24 hours of notification by the facility. Failure to restore the unit to operation within 72 hours may result in contract cancellation.

1.2.1.16.The Contractor shall also be equipped with special testing meters, instruments, and tools to facilitate prompt diagnosis, correction, and repair or replacement without undue delay. These tools and instruments shall include, but are not limited to, the following:

1.2.1.16.1. Turning tools capable of turning any of the hoisting machine commutators of the job site.

1.2.1.16.2. Generator turning tools capable of turning the commutators on any of the motor generators sets without removing rotating elements from generators.

1.2.1.16.3. Machine tools capable of turning main motor drive sheave grooves on machines.

1.2.1.16.4. Oscilloscopes with associated circuitry to test main motor positive acceleration and retardation.

1.2.1.16.5. Undercutting tools capable of undercutting commutator mica on the job site.

1.2.1.16.6. Electronic test and diagnostic instruments capable of performing continuity checks on all electrical circuits of the elevator systems, such as operating speed, door opening, and closing speeds, door pressures, and floor-to-floor flight times, with all testing capable of being segregated into time segments.

1.2.1.17.The Contractor shall always maintain good housekeeping conditions in the machine rooms and clean the hoistway and all related equipment at least once each year.

1.2.1.18.The Contractor must keep all diagrams, manuals, and other pertinent materials cleanly organized to best reduce damage or loss.

1.2.1.19.The contractor shall not perform any non-contract maintenance/repair without prior approval from the facility.

If non-contract maintenance/repair is required, the Contractor shall submit to the Facility Manager or designated representative, for prior approval, a written, detailed proposal of the Contractor's costs to perform said maintenance/repair. If the Contractor performs non-contract maintenance or repair without prior approval from the facility, that maintenance/repair shall be at the Contractor's expense.

1.2.1.20.Unless stated otherwise in this ITB, the facility's normal business working hours for these specifications are listed below in the Work Time Schedule Table A. Deviation from the above for the Contractor's convenience may be permitted; however, it will be at no additional expense to the facility.

1.2.1.21.Unless noted otherwise herein or authorized by the Facility Manager in advance, scheduled service must be performed between 7:30 a.m. and 6:00 p.m., Monday through Friday, except State Holidays. Deviation for the Contractor's convenience may be permitted; however, it will be at no additional expense to the facility.

The State Holiday Schedule is shown in Table B.

Work Time Schedule Table A

Facility Working Hours Description Time Days

All Buildings Normal Working Hours 7:30 AM to 6:00 PM Monday to Friday, excluding holidays

All Buildings After (Non-Business) Hours 6:01 PM to 7:29 AM Monday to Friday and weekends

All Buildings Holiday Hours All Days All State Holidays (Table B)

State Holidays Table B

Holiday Observance Date New Year’s Day January 1 Martin Luther King Day Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas December 25

1.2.1.22.Travel time will not be charged as hourly rates. The contractor will be responsible for all travel costs.

1.2.2. Scheduled Preventative Maintenance

1.2.2.1. The Contractor will regularly and systematically examine, inspect and test elevators/ /lifts/dumbwaiters as required. The Contractor must instigate all maintenance calls and shall not rely on the facility to request a maintenance call. Preventive maintenance shall include all routine and periodic inspections and tests as indicated in the ASME/ANSI A17.1 Safety Code. The Contractor shall maintain proper and safe operating conditions and shall furnish lubricants and materials as required. Compliance dates, scheduling, and performing such tests are the responsibility of the Contractor.

1.2.2.2. The Contractor shall be responsible for providing all required replacement parts necessary for the performance of this contract. Parts for Preventive Maintenance and Callback Service for electrical or mechanical malfunctions due to normal wear and use shall be included at no additional cost.

1.2.2.3. All planned inspection and/or maintenance service work under these specifications shall be performed during regular normal business hours. If scheduled work must be done during non-business working hours or on weekends or holidays, it shall be done by prior consent of the facility.

1.2.2.4. The Contractor shall install a new Check Chart in every machine room for each elevator/lift included in the contract. Space will be provided on the Check Charts in which the servicing mechanics can indicate the date on which each item is serviced. Check Charts will be submitted to the Facility Manager by the fifth day of the following month.

1.2.2.5. Maintenance examinations shall be performed monthly for equipment unless otherwise approved in writing by Facility Manager. During these examinations, the components listed in the Check Chart are to be inspected and necessary work shall be performed relative to cleaning, lubrication, and adjustment of the equipment. If Check Charts are not maintained and updated, the facility will assume the work has not been completed. The components shall be checked per the schedule shown in the Check Chart.

1.2.2.6. At the time of each visit, the Contractor’s personnel shall sign in and out with the Maintenance Department, Facility Management Office, Security Department, or elsewhere as assigned by the facility manager or designee. In addition, the Contractor’s personnel shall leave a copy of the work ticket when they sign out.

The work ticket describes, in detail, the originally reported deficiency, the cause of the deficiency, the repair or maintenance performed, and any recommendations if applicable.

1.2.2.7. The sign-in and sign-out records may be used in the verification process for approval of any invoices for payment.

1.2.2.8. Maintenance shall include cleaning of machines, controllers, selectors, motor generator sets, machine rooms, hoistways, pits, and car tops; oiling, greasing, adjusting, repairing, and replacing parts as conditions require before the factor of safety has been dangerously reduced on any part of the entire elevator/lift equipment, but not limited to: machine, motor, generator, and controller parts, including worm gears, thrusts, bearings, brake magnet coils or brake motors, brake shoes, brushes, commutators, rotating elements, contacts, coils resistance for operating and motor Index circuits, magnet frames, winding engines, signal system and light bulbs for signals; Traction and mechanical appliances, hatchway rails, guides, guide shoes, traveling equipment, safety appliances, wire ropes, door equipment, pumps, pump motors, operating valves, valve motors, leveling valves, cylinder head, plunger exposed surfaces, plunger gland and packing, exposed piping, fittings, flexible pipe connections, operating control, check and relief valves, gauges, storage, discharge, pressure and vacuum tanks necessary to maintain the elevators/lift in proper operating condition as per the latest edition of the ASME/ANSI A.17 and the State's guidelines (Ohio Revised Code, Chapter 4105, and latest amendments thereof and Ohio Administrative Code, Chapter 1301:3-6 and 4101:5, and latest amendments thereof.

1.2.2.9. Material Safety Data Sheet: The Contractor shall provide a Material Safety Data Sheet (MSDS) for any hazardous chemical that is brought onto the facility property for the performance of this contract. The MSDS shall verify the Contractor’s compliance with Occupational Safety & Health Administration (OSHA)’s Hazard Communications 1910.1200. The MSDS shall be given to the facility contact person prior to the use of the hazardous chemical on the facility property.

1.2.2.10.Removal and proper disposal of all material, including, but not limited to, oil, fluids, and parts, shall be the responsibility of the vendor and must be done in compliance with all State laws and regulations. The Contractor may be required to provide a manifest to show oils and fluids were disposed of per State requirements.

1.2.2.11.The Contractor shall be responsible for repairing and/or replacing all tractional wiring and conductors extending to the elevator/lift system from circuit breakers, main line switches in machine rooms, and outlets in the hoistways.

1.2.2.12.The Contractor, where applicable, shall check Group Supervisory and Controlling Systems and make necessary tests to ensure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the original manufacturer. As such, the Contractor is required to maintain all applicable software applications allowing for the performance of these services for each manufacturer’s elevator.

1.2.2.13.Periodic tests are included in this contract for a full load, static, fire service, etc. At the request of the facility, annual Esterline Recording Meter Tests and/or periodic Traffic Tests to ensure that said performance levels are constantly sustained.

1.2.2.14.The Contractor shall examine periodically all safety devices and governors and conduct customary annual no-load tests. Additionally, the Contractor must perform the five-year full load test, full speed test of safety mechanism, overhead speed governors, as well as car and counterweight buffers. The car balance shall be checked, and the governor setting. If required, the governor shall be sealed for proper tripping speed.

1.2.2.14.1. Five-year full load testing is listed as a separate line item in the pricing schedule.

1.2.2.14.2. The Contractor shall make pressure relief tests and static tests on hydraulic elevators per

ASME/ANSI A17.1 Safety Code.

1.2.2.15.The Contractor must own and have available at all times, in stock or warehouse, for immediate delivery and installation, a sufficient supply of emergency spare parts for the repair of each elevator/lift.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10099 http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10099

1.2.2.16.The Contractor, at the request of the agency, may maintain a stock of replacement parts at the building where the elevator/lift maintenance services are to be performed. Until utilized, parts will remain the property of the Contractor. All parts replaced under the provisions of this contract shall be identical to the original equipment or the equipment manufacturer’s recommended replacement parts. The Contractor shall provide and install a storage cabinet with a lock in the machine room for parts inventory that is maintained on-site. It is the responsibility of the Contractor to remove all waste matter and worn or broken parts from the site

1.2.2.17.The Contractor shall provide 24-hour call-back services.

1.2.2.18.The Contractor shall provide entrapment and emergency response services.

1.2.3. Time and Materials Maintenance

1.2.3.1. The facility is responsible for the cost required of replacement parts for service outside of normal wear and scheduled Preventive Maintenance. All replacement parts and components utilized during repair service, outside of scheduled preventative maintenance will be paid at contract Time and Materials rates.

1.2.3.2. Any work outside the scope of service of these specifications found to be necessary for the safety, operation, and/or regulatory compliance of the systems and associated components of this contract shall be brought to the attention of the Facility Manager or their designated representative immediately.

1.2.3.3. The Contractor shall submit a proposal explicitly detailing the work required and listing the labor, material, and other charges or items necessary to perform the work per these specifications. The proposal shall then constitute a quote for the performance of the work. Written approval must be given by the Facility Manager or their designated representative before repairs are made. Non-contract work performed without approval, will be at the Contractor’s expense.

1.2.3.4. A minimum of a one-year workmanship warranty will be required with all repairs. All new component installations require a manufacturer warranty that displays the scope, including coverage and exclusions, transferability terms, effective date, expiration, and contact information.

1.2.3.5. Upon completion of the repair, the Contractor shall provide a detailed summary of the repairs to the Facility Manager or designee. The summary shall include the facility name, contractor's name, contract number, service technician’s name, date(s) of repair, beginning and completion time(s), and details of the repairs performed.

1.2.3.6. The State reserves the right to the following without affecting the terms and conditions of this contract:

1.2.3.6.1. Perform any work not covered by this contract with Department personnel;

1.2.3.6.2. Place any work not covered by this contract out for bid;

1.2.3.6.3. Request an invoice, issued by the Contractor’s supplier, for any replacement parts that are purchased as a result of the maintenance provided on this Contract;

1.2.3.6.4. Employ others to test the condition, speed, and safety of the elevators as it may deem advisable.

1.2.3.7. All rental equipment used to complete Time and Materials Maintenance services will be reimbursed by the facility at invoice cost with no vendor markup.

1.2.4. Call-back, Entrapment, and Emergency Response Services

1.2.4.1. Emergency Service Definition: Any equipment malfunction resulting in a life or equipment-threatening situation such as, but not limited to, the following shall be considered an “Emergency”:

1.2.4.1.1. One or more persons trapped in an elevator cab;

1.2.4.1.2. Presence of smoke or fire in elevator shafts or equipment rooms;

1.2.4.1.3. Equipment operating continuously without human intervention;

1.2.4.1.4. Equipment that poses a threat to injure people or damage the building or related equipment.

1.2.4.2. Callback Service Definition: Callback service shall consist of the Contractor responding to the request of the Facilities Maintenance Supervisor or their designated representative, by telephone or otherwise, at any time of any working day or as necessary, to restore any elevator service.

1.2.4.3. If a callback is needed and once the work is complete, the Contractor shall provide a detailed summary of the callback including facility name, contractors name, contract number, service technician’s name, date of callback, beginning and completion time, and details of the service(s) performed.

1.2.4.4. The Contractor shall provide 24-hour a day, 365 days a year, call-back service.

1.2.4.5. Call-back service shall be at no additional cost to the facility during normal work hours for equipment malfunctions due to normal wear and use. Call-back service required to correct vandalism or misuse of equipment shall be charged to the facility at applicable time and materials rates.

Call-back service for equipment malfunctions due to normal wear and use during after-hours (non-business) shall be charged at applicable time and materials rates. All service time and materials work must be approved by an authorized facility representative.

1.2.4.6. In the event that an elevator fails to operate, the Contractor shall restore that unit to service within 24 hours of notification by the facility-authorized representative.

1.2.4.7. In cases of emergency or entrapment for any reason, the Contractor shall provide a technician to respond on-site within a maximum of 30 minutes (15 minutes preferred) to the request of a facility-authorized representative by telephone or otherwise. Failure to respond may result in additional liquidated damages. If the Contractor is not able to respond within 30 minutes, the Contractor shall contact the facility-authorized representative by telephone and advise of their estimated time of arrival and provide telephone support as required.

1.2.4.8. Unless otherwise stated or agreed in writing, call-back service shall consist of responding within 2 hours to the request of a facility-authorized representative, by telephone or otherwise, at any time of any working day or as necessary, to restore any contract-related equipment service.

1.2.5. Contractor Supplied Reports

1.2.5.1. A complete ASME A17.1 code-compliant Maintenance Control Program (MCP) including, but not limited to records of inspections, maintenance, lubrication, repair, replacements, and callback services shall be kept in the machine room or other designated location at the property. These records are to be available to the Owner at all times. The records shall indicate the reason the mechanic was in the building, arrival and departure time, the work performed, etc. These records shall be the property of the Owner.

1.2.5.2. Unless otherwise agreed to by the facility, the contractor shall quarterly (within 30 days after the quarter ends), or at any time during the term of this contract upon written request of the owner, render a report of maintenance inspections, a safety test matrix for all units on a single spreadsheet, maintenance hours (target

vs. actual), callbacks (shall include categories for entrapments, equipment, and non-equipment related calls, running on arrival (ROA), repairs or replacements made by the contractor at the building, itemized as to parts installed or services performed and supply samples of lubricants, compounds, or other materials employed if requested.

1.2.5.3. Quarterly reporting requirements shall include completed versus scheduled preventative maintenance procedures and planned repairs for the just-completed quarter, and a six-month projected schedule for preventative maintenance procedures and planned repairs.

1.2.5.4. Where acceptable to the local code authority and approved by the Owner’s representative, a Contractor’s proprietary system that fulfills the requirements above will be accepted instead of the method specified provided quarterly and annual summary reports (or at any time during the term of this Contract, upon written request of the Owner) of the required data are provided.

1.2.6. Subcontracting

1.2.6.1. The awarded Contractor shall perform work amounting to not less than one hundred (100) percent of the Contract price with its organization unless otherwise approved in writing by the authorized Facility Manager.

The phrase “its organization” includes only workers employed and paid directly, inclusive of employees who are employed by a lease agreement acceptable to the Department, and equipment owned or rented with or without operators by the Contractor. The phrase does not include employees or equipment of a subcontractor, assignee, or agent of the vendor.

1.2.6.2. The Contractor’s percentage of the total Contract Price includes the cost of materials and manufactured products purchased by the Contractor, but not the cost of materials and manufactured products purchased by subcontractors.

1.2.6.3. The Contractor shall not subcontract any of the work covered by the contract unless specifically authorized to do so by the authorized Facility Manager. All approved subcontracting will be supplied to the facility at cost with no vendor markup. The Contractor will be required to submit copies of invoices from subcontractor(s) as proof of costs. The Contractor will be fully responsible for making all subcontractor payments and ensuring that subcontractors follow all laws, rules, safety procedures, and agency expectations as though they were the Contractor.

1.2.7. Records to be Supplied by the Facility: Any available drawings can be obtained from the facility on signed receipt for use, and such drawings shall be maintained on the facility’s premises. Applicable changes shall be noted on drawings and they shall be maintained and updated at all times. On termination or expiration of the contract, they shall be returned to the facility.

1.2.8. Equipment Exclusions

1.2.8.1. The Contractor is to assume no responsibility for the following items, which are not included under this Contract: hoistway door hinges, panels, frames, gates and sills, cabs, sump pumps, subflooring, floor coverings, cab doors, gates and removable cab panels, cab mirrors and handrails, power switches, fuses and feeders to controllers, light fixtures and lamps, cover plates for signal fixtures and operating stations, smoke detectors, cleaning of cab interiors, plungers, casings and cylinders, all hydraulic piping and connections except that portion which is exposed in the machine room and hoistway, emergency power generators, telephones, intercom or music systems, sump pumps, and air conditioners or heaters.

1.2.8.2. The items excluded herein may be covered if the damage to them is due to a failure of the Contractor to perform its assigned duties; for example, car door panels that are scratched due to a failure to repair/replace defective door hanger assemblies.

1.2.9. Invoices and Billing

1.2.9.1. Monthly individual site services shall be billed at the monthly service price as listed in the award documents on an agreed basis between the requestor and Contractor.

1.2.9.2. Agencies or facilities will provide the invoicing address and may request multiple invoices. The Contractor must provide on each invoice the Contractor’s Tax ID number, invoice number, applicable purchase order number for the work performed, the equipment inventory number, a description of the work performed, date(s) of work performed, and site(s) serviced with the monthly fee.

1.2.9.3. Approved Time and Materials repair work will be itemized, specifying the number of hours and applicable rate according to the price as listed and Time and Materials requirements described above.

1.2.9.4. The Contractor shall not charge for any items outside of the contract including but not limited to shop supplies and drive time.

1.2.9.5. Facilities will not be charged for services not rendered. If the Contractor fails to provide necessary monthly services, the facility will not be charged, and the Contractor may be liable for additional liquidated damages.

1.2.9.6. The state reserves the right to audit all invoices submitted by the Contractor, including the review of supplier invoices paid by the Contractor.

1.2.10. Contractor’s Liability

1.2.10.1.The Contractor shall be responsible for any act or neglect of their employees when performing work under this contract. The awarded contractor’s employees shall observe the rules and regulations of the facility when engaged in work under this contract on the facility’s premises and those adjacent private or public properties.

If penalties are levied upon the Department for non-compliance with regulatory requirements as a result of any act or neglect of the company or its employees, the contractor shall be liable for payment of said penalties in whole.

1.2.10.2.The Contractor shall not be responsible for the cost of repairs or maintenance necessitated because of negligence or misuse of the machinery, equipment, car, or rendered necessary due to any other cause beyond his control (other than normal wear).

1.2.10.3.The Contractor for the Ohio Department of Rehabilitation and Correction (ODRC) facilities shall familiarize themselves and any of their employees with the contents and requirements of the “Standards of Conduct for Contractor” (DRC 4376). The Bidder agrees to comply with these standards, safety rules, and procedures.

Due to facility security requirements, the Agency staff may require the awarded Contractor to document when the Contractor is on state property. Please request a copy of this document from the managing officer of the facility.

1.2.10.4.The Contractor shall guarantee its workmanship and material for one (1) year from the date of acceptance by the facility and shall promptly remedy, at the awarded vendor’s expense, all defects due thereto which become evident during the guarantee period and pay all expenses for any damages to other systems or structures resulting from their work on the equipment and associated systems referenced herein.

1.3. REGION DEFINITIONS

1.3.1. Each region is defined by its corresponding list of Ohio counties, as indicated below. The regions are logistically oriented. A visual illustration of county and region borders is shown in ATTACHMENT A.

1.3.2. Attachment B is a representative list of facilities and equipment in the defined regions. This list is not a comprehensive list nor binding to the State in any way. The State may unilaterally identify additional facilities or units within an awarded region and the applicable Contractor must provide services at the corresponding price provided in their bid. The State may also unilaterally remove any facilities or units from this agreement.

1.3.3. It is the state’s intent to solicit and award a separate contract for buildings and facilities owned or operated by the Department of Administrative Services. However, the state reserves the right to require the awarded supplier(s) to service the DAS facilities through this contract if needed.

1.3.4. Region 1 (NW): Defines facility locations in the following counties of Ohio: Allen, Auglaize, Crawford, Defiance, Fulton, Hancock, Hardin, Henry, Lucas, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Shelby, Van Wert, Williams, Wood, Wyandot.

1.3.5. Region 2 (NE): Defines facility locations in the following counties of Ohio: Ashland, Ashtabula, Carroll, Columbiana, Cuyahoga, Erie, Geauga, Harrison, Holmes, Huron, Jefferson, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, Wayne.

1.3.6. Region 3 (CENTRAL): Defines facility locations in the following counties of Ohio: Champaign, Coshocton, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Muskingum, Perry, Pickaway, Ross, Union.

1.3.7. Region 4 (SW): Defines facility locations in the following counties of Ohio: Adams, Brown, Butler, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Miami, Montgomery, Preble, and Warren.

1.3.8. Region 5 (SE): Defines facility locations in the following counties of Ohio: Athens, Belmont, Gallia, Jackson, Lawrence, Meigs, Monroe, Morgan, Noble, Pike, Scioto, Vinton, and Washington.

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 10/18/22) will apply to this Contract.

3 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

4 - CONTRACT SPECIFIC TERMS AND CONDITIONS

4.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

4.2 - AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

4.3 - DELIVERY

Services will be performed as set forth in the Contract. The location of performance will be noted on the purchase order issued by the participating agency.

4.4 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

https://procure.ohio.gov/static/pdf/About_Procurement/Procurement_Policies/Standard_T_C_10_15_22.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

4.5 - COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

4.6 - CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g., January-March, April-June, July-September, and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to OhioBuys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using OhioBuys at the following web address supplier-emarketplace.ohio.gov. If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

4.7 - CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period.

The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4.8 - ADDITIONAL INSURANCE REQUIREMENTS

Insurance requirements are outlined in Section V, Paragraph C of the Terms and Conditions, additional requirements include:

The Contractor shall carry General Liability Insurance coverage with a $2,000,000 annual aggregate and a $1,000,000 per occurrence limit for bodily injury, wrongful death, products and completed operations and property damage. Defense costs shall be outside the policy limits.

Automobile Liability insurance covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

Professional Liability (Errors and Omissions) Insurance for elevator contractors, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this agreement and shall cover all applicable Contractor personnel or subcontractors who perform professional services related to this agreement.

https://das.ohio.gov/revenueshareform

The policy shall be endorsed to include broad form property damage, contractual liability, completed operations and independent contractor’s coverage.

Property:

Installation Floater: Contractor shall provide and maintain Installation Floater insurance on a blanket basis that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment.