HomeMy WebLinkAboutContract 62653CSC No. 62653
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and Otis Elevator Company
("Vendor") and the City of Fort Worth ("City"), a Texas home -rule municipality, individually referred to
as "party" and collectively as the "parties".
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Repair Order;
3. Exhibit B — Cooperative Agency Contract Omma 2019001563; and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. If any provisions of the attached exhibits conflict with the terms herein, are prohibited
by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this
Agreement shall control.
City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed
one hundred thousand dollars ($100,00.00) annually. Vendor shall not provide any additional items
or services or bill for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City shall not be liable for any additional
expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager ('Effective Date") and expires on September 30, 2025, with four (4) one-year renewal options
by the written agreement of the parties, so long as the underlying cooperative agreement is renewed.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives or (2) received by the other party by United States Mail, registered. return receipt
requested, addressed as follows: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
"CofLa 01IDZGJN
City of Fort Worth Otis Elevator Company
Attn: William Johnson, Assistant City Manager Attn: Amanda Haines, General Manager
Fort Worth, TX 76102 901 Terminal Road, Suite 500
Facsimile: (817) 392- 8654 Fort Worth, TX 76137
Phone: (817) 845-9700
With copy to Fort Worth City Attorney's Office at the
same address Email: Amanda.Haines@otis.com
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the
Agreement requires that City maintain records in violation of the Act, City hereby objects to such
provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.
In the event there is a request for information marked Confidential or Proprietary, City shall promptly
notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of
the Attorney General of the State of Texas or by a court of competent jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of
law provisions. Venue for any suit brought under the Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement
requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted
and shall have no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has
the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the Vendor that
it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of
this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification from
the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against
a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's
signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
(signature page follows)
(remainder of this page intentionally left blank)
The undersigned represents and warran hat he or she has the power and authority to execu e
this Agreement and bind the respective party.
CITY OF FORT W TH:
By: William Johnson (J n 14, 2025 09:55 CST)
Name: William Johnson
Title: Assistant City Manager
Date: 01 /14/2025
APPROVAL RECOMMENDED:
By: Mica ul up—Uan 11, 2025 07:40 CST)
Name: Michael Crum
Title: Public Events Director
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By: °ne z4g4 �p
Name: Jannette Goodall dna
Title: City Secretary
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Otis Elevator Company
By: Amanda Haines (Jan 9, 202516:13 CST)
Name: Amanda Haines
Title: General Manager
Date: 01 /09/2025
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
Name: Cynthia Serrano
Title: Assistant Public Facilities and
Events Director
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Andrea Phillips
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Date Approved: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A - Repair Order
Otis Service and Repair Order
12/9/2024
CUSTOMER NAME
City of Fort Worth
200 Texas Sf
Fort Worth, TX 76107
OTIS ELEVATOR COMPANY
901 Terminal Road, Suite 500
FORT WORTH, TX 76106
OTIS CONTACT
CHELSEA MONDS
Phone: (817) 371-8825
Email:
CHELSEA.MONDS@otis.com
PROJECT LOCATION PROPOSAL NUMBER OMNIA Partners
CONVENTION CENTER QTE-002061409 2019.001563
1201 HOUSTON ST
FORT WORTH, TX 76102-6432 Contract NO. 54206
We propose to furnish the necessary material and labor on the following units:
Unit Customer Designation
G10501 BELT BUCK 8 ESC
SCOPE OF WORK
ELEVATOR BOARD REPLACEMENT
Otis will provide parts and labor necessary to replace the obsolete boards with new. We will adjust for
proper operation.
Material provided shall be installed in accordance with the ASME Al7.1 Safety Code for Elevators and
Escalators.
The customer will be responsible for paying local inspection fees if applicable.
Your account representative will contact you to schedule the work. All work will be performed during
regular working days and hours of the Elevator Trade unless otherwise specified above. The price quoted
below does not include sales tax and is valid for 30 days from the date specified above. The work will be
scheduled based on the availability of material and manpower to complete the job efficiently.
The scope proposed herein represents the entire scope that we are contracted for, if additional work is
required by others to allow for completion of this work and/or for the inspection to occur, that work is not
included. If additional labor and material are needed, a supplemental proposal will be sent.
Page 1 of 4
PRICE
$36,689.97
Thirty-six thousand six hundred eighty-nine and 97/100 dollars
This price is based on a zero percent (0%) downpayment in the amount of $0.00.
PAYMENT TERMS:
• The downpayment amount is due in full prior to Otis ordering material and/or mobilizing.
• If you choose the alternative downpayment amount listed below, the corresponding adjustment shall
be applied to the base contract amount.
Downpayment Amount Price Adjustment Percentage Authorization (Initial)
75% - 5%
100% - 10%
In the event 100% of the contract price is not paid up front, we must be paid the remaining balance no
later than the completion of work. Final invoice will be submitted once work is scheduled.
This proposal, including the provisions printed on the pages following, shall be a binding contract between
you, or the party identified below for whom you are authorized to contract (collectively referred to herein
as "you"), and us when accepted by you through execution of this proposal by you and approved by our
authorized representative; or by your authorizing us to perform work for the project and our commencing
such work.
SUGGESTED BY: JOHN MORROW
TITLE: Mechanic
Accepted in Duplicate
Date:
Signed:
Print Name:
Title:
Email:
Company Name: City of Fort Worth
❑ Principal, Owner or Authorized Representative of
Principal or Owner
❑ Agent
(Name of Principal or Owner)
Date:
Signed:
Print Name: Amanda Haines
Title: Manager & GM - Fort Worth
Email:
Page 2 of 4
TERMS AND CONDITIONS
l . This quotation is subject to change or withdrawal by us prior to acceptance by you.
2. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition
to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the
performance of the work described.
3. Payments shall be made as follows: A down payment of percent (0.0%) of the price shall be paid by you upon your signing of
this document. Full payment shall be made on completion if the work is completed within a thirty days period. If the work is not
completed within a thirty day period, monthly progress payments shall be made based on the value of any equipment ready
or delivered. We reserve the right to discontinue our work at any time until payments shall have been made as agreed and we
have assurance satisfactory to us that subsequent payments will be made when due. Payments not received within thirty (30)
days of the date of invoice shall be subject to interest accrued at the rate of eighteen percent (18%) per annum or at the
maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses,
including attorney's fees, incurred in collecting any overdue payments.
4. In the event the work is not completed within 180 calendar days from your original authorization to proceed through no fault of
Otis, Otis may notify you of an updated price - which may be accepted or rejected by you. If rejected, Otis will not be required
to perform work, and no amounts will be due and payable by you hereunder except amounts for any labor, services, or
materials that had already been furnished or procured by Otis prior to notice of price increase. If you are not notified of a new
price by Otis, then the parties' obligations will be unchanged and each party will be required to perform their obligations
hereunder.
5. Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment
provided hereunder and your providing our workmen with a safe place in which to work. Additionally, you agree to notify us if
you are aware or become aware prior to the completion of the work of the existence of asbestos or other hazardous material
in any elevator hoistway, machine room, hallway or other place in the building where Otis personnel are or may be required to
perform their work. In the event it should become necessary to abate, encapsulate or remove asbestos or other hazardous
materials from the building, you agree to be responsible for such abatement, encapsulation or removal, and in such event Otis
shall be entitled to delay its work until it is determined to our satisfaction that no hazard exists and compensation for delays
encountered if such delay is more than sixty (60) days. In any event, we reserve the right to discontinue our work in the building
whenever in our opinion this provision is being violated.
6. Unless otherwise agreed in writing, it is understood that the work shall be performed during our regular working hours of our
regular working days. If overtime work is mutually agreed upon and performed, an additional charge therefore, at our usual
rates for such work, shall be added to the contract price. The performance of our work hereunder is conditioned on your
performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached
specification, if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to
your request, acts or omissions, then such return visits shall be subject to additional charges at our then current labor rates.
7. Title to any material to be furnished hereunder shall pass to you when final payment for such material is received. In addition,
we shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this
Agreement may be used as a financing statement for the purpose of placing upon public record our interest in any material
furnished hereunder, and you agree to execute a UCC -1 form or any other document reasonably requested by us for that
purpose.
8. Except insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make
no examination of your equipment other than that necessary to do the work described in this contract and assume no
responsibility for any part of your equipment except that upon which work has been done under this contract.
9. Otis shall not be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited
to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water damage, weather damage,
extreme weather, traffic conditions, epidemic, pandemic, quarantine (including Covid-19), sabotage, cyber security, national
emergency, act of terrorism, earthquake, riot, civil commotion, war or insurrection, vandalism, misuse, abuse, mischief, or acts
of God or nature.
10. We warrant that all services furnished will be performed in a workmanlike manner. We also warrant that any equipment provided
hereunder shall be free from defects in workmanship and material. Our sole responsibility under this warranty shall be at our
option to correct any defective services and to either repair or replace any component of the equipment found to be defective
in workmanship or material provided that written notice of such defects shall have been given to us by you within ninety (90)
days after completion of the work or such longer period as may be indicated on the front of this form. All defective parts that
are removed and replaced by us shall become our property. We do not agree under this warranty to bear the cost of repairs
or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by us, improper
or insufficient maintenance by others, or any causes beyond our control. We shall conduct, at our own expense, the entire
defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided
hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit
or action and full opportunity and authority to assume the sole defense thereof, including settlement and appeals, and all
information available to you for such defense; (b) said equipment is made according to a specification or design furnished by
us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at
our own expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs
awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shall, at our option, (i) procure
for you the right to use the equipment, (ii) replace the equipment with equivalent noninfringing equipment, (iii) modify the
equipment so it becomes noninfringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less
a reasonable allowance for use, damage and obsolescence.
THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE EXCLUSIVE WARRANTIES GIVEN; WE MAKE NO OTHER WARRANTIES EXPRESS
OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE; AND
THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR
LIABILITY ON OUR PART.
Page 3 of 4
11. Under no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages in contract, tort,
including negligence, warranty or otherwise, notwithstanding any indemnity provision to the contrary. Notwithstanding any
provision in any contract document to the contrary, our acceptance is conditioned on being allowed additional time for the
performance of the Work due to delays beyond our reasonable control. Your remedies set forth herein are exclusive and our
liability with respect to any contract, or anything done in connection therewith such as performance or breach thereof, or from
the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract,
in tort (including negligence), in warranty or otherwise, shall not exceed the price for the equipment or services rendered.
12. To the fullest extent permitted by law, you agree to defend, indemnify, and hold Otis harmless against any claim or suit for
personal injury or property damage alleged to arise out of this contract, except to the extent that such damage or injury has
been adjudicated as having been caused by Otis' sole negligence. In the event that Otis is requested to provide hoistway
cartop/pit access to you, and/or to third parties acting at your request, direction, or control, and which may be subject to
additional charges at Otis' sole discretion, then in addition to the foregoing defense, indemnity and hold harmless obligations,
you shall carry and maintain the following insurance throughout the duration of such work in the hoistway/cartop/pit areas, and
will furnish to Otis a certificate of insurance evidencing the following: Commercial General Liability insurance, written on an
occurrence basis, with limits on a per occurrence basis of at least $2,000,000 for personal injury or death, and $2,000,000 for
property damage, naming Otis as additional insured. Such insurance shall be issued by an insurer authorized to do business in
the state or province where the property is located and the equipment and/or services are to be rendered, shall contain a
clause in the policy setting forth the insurer's acceptance of liability as set forth in this agreement, and a clause pursuant to
which the insurer waives any right of subrogation as to Otis. This policy shall be written as a primary policy only, and not
contributing to or in excess of any insurance carried by Otis. You shall provide Otis with at least thirty (30) days prior written
notice of cancellation or material change in the coverage.
13. It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment being
furnished hereunder is periodically inspected. The interval between such inspections shall not be longer than what may be
required by the applicable governing safety code.
14. In furtherance of OSHA's directive contained in 29 C.F.R. § 1910.147(f)(2)(i), which requires that a service provider (an "outside
employer") and its customer (an "on -site employer") must inform each other of their respective lock out/tag out ("LOTO")
procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer's
site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can
be obtained at www.otis.com by clicking on "Tools & Resources" on the home page, selecting "Lockout Tagout Policy" under
the "Safety Information" column and downloading the "Lockout Tagout Policy Otis 6.0" and "Mechanical Energy Policy Otis
7.0," or the then most current version, both of which are in .pdf format. You agree that you will disseminate these procedures
throughout your organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are
working on site at your facility and will ensure that such personnel comply with these LOTO procedures while Otis personnel are
working on site.
15. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and may not be
modified by any terms on your order form or any other document and supersedes any prior written or oral communication
relating to the same subject. Any amendment or modifications to this Agreement shall not be binding upon either party unless
agreed to in writing by an authorized representative of each party.
16. This Contract will be deemed voidable, even after execution, if it is determined by Otis that performance of the services and/or
engagement in the contractual relationship/transaction will violate, or is otherwise restricted by, any and all laws, regulations
and/or orders, including sanctions laws, that are applicable to Otis or otherwise apply to Otis' operations.
17. By accepting delivery of parts incorporating software, you agree that the transaction is not a sale of such software but merely
a license to use such software solely for operating the unit(s) for which the part was provided, not to copy or let others copy
such software for any purpose whatsoever, to keep such software in confidence as a trade secret, and not to transfer possession
of such part to others except as a part of a transfer of ownership of the equipment in which such part is installed, provided that
you inform us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms
prior to any such transfer.
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DocuSign Envelope ID: 9AB85911-D329-418A-8E10-3363E3E76B52
'T_"*°o UNIVERSITY
"'5'"
e _
OF
r;
Exhibit B - Cooperative Agency Contract
CALI FORN IA Purchasing Agreement # 2019.001563
The Agreement to furnish certain goods and services described herein and in the documents referenced herein ("Goods
and/or Services") is made by and between The Regents of the University of California, a California public corporation ("UC")
on behalf of the University of California, and the supplier named below ("Supplier"). This Master Service Agreement is binding
only if it is negotiated and executed by an authorized representative with the proper delegation of authority.
1. Statement of Work
Supplier agrees to perform the Services listed in the statement of work attached as Attachment A ("Statement of Work") and
any other documents referenced in the Incorporated Documents section herein, at the prices set forth in the Statement of
Work and any other documents referenced in the Incorporated Documents section herein. Unless otherwise provided in the
Agreement, UC will not be obligated to purchase a minimum amount of Goods and/or Services from Supplier.
2. Term of Agreement/Termination
a) The initial term of the Agreement will be from October 1, 2019 and through September 30, 2024 (Initial Term)
and is subject to earlier termination as provided below. UC may renew the Agreement for Five (5) successive
One (1) -year periods (each, a Renewal Term), by providing Supplier with at least Thirty (30) calendar days'
written notice before the end of the Initial Term or any Renewal Term.
b) UC may terminate the Agreement for convenience by giving Supplier at least 30 calendar days' written notice.
c) UC or Supplier may terminate the Agreement for cause by giving the other party at least 30 days' notice to cure
a breach of the Agreement (Cure Period). If the breaching party fails to cure the breach within the Cure Period,
the non -breaching party may immediately terminate the Agreement.
3. Purchase Order; Advance Payments
Unless otherwise provided in the Agreement, Supplier may not begin providing Goods and/or Services until UC approves a
Purchase Order for the Goods and/or Services.
4. Pricing, Invoicing Method, and Settlement Method and Terms
1. Pricing. Refer to Attachment B — Pricing Schedule for Pricing.
a. Price Increases - After the first twelve (12) months term, or longer term as negotiated between UC and
the Supplier, of any resulting contract, the Supplier will have an opportunity to request price increases.
Requests for price increases may only be made once each year, in writing, 30 days in advance of the
contract anniversary date or the beginning of the calendar year (whichever is agreed -to in the contract).
In each twelve (12) month period, the proposed price increase will not exceed 3.50% or IUEC, whichever is
less, for any standard line item specified in the Final Pricing document. If the Supplier does not opt to
request a price increase during a given year, that year's price change is noted as Zero (0), or as a forfeited
option.
b. Price Decreases. Supplier is advised that there is no mandatory use policy within the System. Supplier
shall guarantee that manufacturer and/or Supplier price decreases be passed on to System immediately.
c. Volume Discount. Discount provided based on new units added to national program. Please referrer to
Attachment C—Volume Discount.
2. For systemwide agreements, each UC Location will specify the Invoicing Method and Payment Options that will
apply, taking into account the operational capabilities of Supplier and the UC Location. See UC's Procure to Pay
Standards htti)://www.ucoi).edu/procurement-services/ files/Matrix%20for%20website.pdf for the options that
will be considered. In the case of systemwide agreements, each UC Location will specify these terms in a
Statement of Work or Purchase Order, as the case may be.
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DocuSign Envelope ID: 9AB85911-D329-418A-8E10-3363E3E76B52
T" UNIVERSITY
OF
CALIFORNIA
Purchasing Agreement # 2019.001563
Invoicing
Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, UCwiII pay freight and shipping/handling
as follows: FOB Destination.
All invoices must clearly indicate the following information:
State sales tax as a separate line item;
Shipping costs as a separate line item;
UC Purchase Order or Release Number;
Description, and quantity, specifically breakdown of labor and material;
Net cost of each item;
Any pay/earned/dynamic discount;
Reference to original invoice number for all credit memos issued;
Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each
UC Location, unless UC notifies the Supplier otherwise by amendment to the Agreement.
Settlement Method and Terms
Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, the Settlement Method and Terms will
be as follows: Net30
S. Notices
As provided in the UC Terms and Conditions of Purchase, notices may be given by email, which will be considered legal notice
only if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE — [insert, as the case may
be, Supplier name or University of California]. If a physical format notice is required, it must be sent by overnight delivery or
by certified mail with return receipt requested, at the addresses specified below.
To UC, regarding contract issues not addressed above:
To Supplier:
Name
Reynaldo Cano-Boza
Title
Sr. Commodity Manager
Phone
(510) 987-9893
Email
Revnaldo.Cano-Boza@ucoo.edu
Address
7835 Trade Street, Suite 100
San Diego, CA 92121
Name
Tom Salzberg
Title
Sr. Regional Sales Manager
Phone
415-638-2023
Email
Tom.salzbereC@otis.com
Address
444 Spear St., Suite 100
San Francisco, CA 94941
6. Intellectual Property, Copyright and Patents
/__/ The Goods and/or Services involve Work Made for Hire
/_X_/ The Goods and/or Services do not involve Work Made for Hire
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DocuSign Envelope ID: 9AB85911-D329-418A-8E10-3363E3E76B52
T" UNIVERSITY
OF
CALIFORNIA Purchasing Agreement # 2019.001563
7. Patient Protection and Affordable Care Act (PPACA)
/__J Because the Services involve temporary or supplementary staffing, they are subject to the PPACA warranties in the
T&Cs.
/_X_/ The Services do not involve temporary or supplementary staffing, and they are not subject to the PPACA warranties
in the T&Cs.
8. Prevailing Wages
/__/ Supplier is not required to pay prevailing wages when providing the Services.
9. Fair Wage/Fair Work
/_X_/ Supplier is not required to pay the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16,
and $15 per hour as of 10/1/17) when providing the Services.
10. Restriction Relating to Consulting Services or Similar Contracts —
Follow-on Contracts
Please note a Supplier that is awarded a consulting services or similar contract cannot later submit a bid or be considered for
any work "required, suggested, or otherwise deemed appropriate" as the end product of the Services (see Public Contract
Code Section 10515).
11. Insurance
Deliver the PDF version of the Certificate of Insurance to UC's Buyer, by email with the following text in the Subject field:
CERTIFICATE OF INSURANCE — OTIS ELEVATOR COMPANY.
12. Records about Individuals
Records created pursuant to the Agreement that contain personal information about individuals (including statements made
by or about individuals) may become subject to the California Information Practices Act of 1977, which includes a right of
access by the subject individual. While ownership of confidential or personal information about individuals is subject to
negotiated agreement between UC and Supplier, records will normally become UC's property, and subject to state law and
UC policies governing privacy and access to files. When collecting the information, Supplier must inform the individual that
the record is being made, and the purpose of the record. Use of recording devices in discussions with employees is permitted
only as specified in the Statement of Work.
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T" UNIVERSITY
OF
CALIFORNIA Purchasing Agreement # 2019.001563
13. Amendments to UC Terms and Conditions of Purchase
The UC Terms and Conditions of Purchase, dated 08/06/2019 are hereby amended as follows:
ARTICLE 8 — Indemnity will be deleted and replaced with the following:
Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and agents, but only in proportion to and
to the extent such losses, expenses, damages or liabilities are caused by or result from the negligent or intentional acts or
omissions of Supplier from and against all losses, expenses (including, without limitation, reasonable attorneys' fees and
costs), damages, and liabilities of any kind resulting from or- arising out of the Agreement, including the performance
hereunder of Supplier, its officers, employees, agents, sub -suppliers, or anyone directly or indirectly - employed by
Supplier, or any person or persons under Supplier's direction and control, provided such losses, expenses, damages and
liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, sub -suppliers, or
anyone directly or indirectly- employed by Supplier, or any person or persons under Supplier's direction and control. UC
agrees to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or
action, and that UC will cooperate fully in such defense. UC retains the right to participate in the defense against any such
claim or action, and the right to consent to any settlement, which consent will not unreasonably be withheld.
ARTICLE 9, Section C — Deleted
ARTICLE 38 — will be added to read as follows:
Under no conditions, shall either party be liable for special, indirect, liquidated, or consequential damages in contract, tort,
including negligence, warranty or otherwise, notwithstanding any indemnity provisions to the contrary.
14. Cooperative Purchasing
Supplier agrees to extend pricing and Goods and/or Services to the California State University institutions (CSU) and the
California Community Colleges (CCC) and agencies nationwide registered with OMNIA Partners under the terms of the
Agreement. All contractual administration issues (e.g. terms and conditions, extensions, and renewals) will remain UC's
responsibility. Operational issues, fiduciary responsibility, payment issues, performance issues and liabilities, and disputes
involving individual CSU or CCC campuses will be addressed, administered, and resolved by each CSU or CCC campus.
15. Incorporated Documents
This Agreement and its Incorporated Documents contain the entire agreement between the Parties, in order of
the below precedent, concerning its subject matter and shall supersede all prior or other agreements, oral and
written declarations of intent and other legal arrangements (whether binding or non -binding) made by the Parties
in respect thereof.
a) Master Service Agreement # 2019.0001563
b) UC Terms and Conditions of Purchase
c) Attachment A - Statement of Work
d) UC Request for Proposal# (000289-APR2018) RFP-ElevatorMaintenance-UCSystemWide-
Apri12019 ("RFP") and
e) Supplier's responses thereto submitted on or about June 17, 2019 ("RFP Response")
f) Attachment B — UC Pricing Schedule
g) Attachment C —Volume Discount
h) Attachment D — Sustainability
i) Omnia Exhibits F
j) Omnia Exhibit G
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DocuSign Envelope ID: 9AB85911-D329-418A-8E10-3363E3E76B52
T" UNIVERSITY
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Purchasing Agreement # 2019.001563
16. Entire Agreement
The Agreement and its Incorporated Documents contain the entire Agreement between the parties and supersede all prior
written or oral agreements with respect to the subject matter herein.
This Agreement can only be signed by an authorized representative with the proper delegation of authority.
THE REGENTS OF THE
E'SITWOF CALIFORNIA
Justin Sullivan
(Signature)
OTIS ELEVATOR COMPANY
(Signature)
Justin sullivanDirector, strategic Sourcing
Ted Gorman, Director Strategic Accounts
(Printed Name, Title) (Printed Name, Title)
10/11/2019
(Date)
10/1 /2019
(Date)
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ARTICLE 1— GENERAL
The equipment, materials, or supplies ("Goods") and/or services ("Services") furnished by Supplier (together, the "Goods and Services")
and covered by the UC Purchase Order ("PO") and/or other agreement (which, when combined with these Terms and Conditions and any
other documents incorporated by reference, will constitute the "Agreement") are governed by the terms and conditions set forth herein.
As used herein, the term "Supplier" includes Supplier and its sub -suppliers at any tier. As used herein, "UC" refers to The Regents of the
University of California, a corporation described in California Constitution Art. IX, Sec. 9, on behalf of the UC Locations identified in the
Agreement and/or the PO. UC and Supplier individually will be referred to as "Party" and collectively as "Parties." Any defined terms not
defined in these Terms and Conditions of Purchase will have the meaning ascribed to such term in any of the other documents incorporated
in and constituting the Agreement. No other terms or conditions will be binding upon the Parties unless accepted by them in writing.
Written acceptance or shipment of all or any portion of the Goods, or the performance of all or any portion of the Services, covered by the
Agreement, will constitute Supplier's unqualified acceptance of all of the Agreement's terms and conditions. The terms of any proposal
referred to in the Agreement are included and made a part of the Agreement only to the extent the proposal specifies the Goods and/or
Services ordered, the price therefor, and the delivery thereof, and then only to the extent that such terms are consistent with the terms
and conditions of the Agreement.
ARTICLE 2 — TERM AND TERMINATION
A. As applicable, the term of the Agreement ("Initial Term") will be stated in the Agreement. Following the Initial Term, the Agreement
may be extended by written mutual agreement.
B. UC's obligation to proceed is conditioned upon the appropriation of state, federal and other sources of funds not controlled by UC
("Funding"). UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation in the event that
through no action or inaction on the part of UC, the Funding is withdrawn.
C. UC may, by written notice stating the extent and effective date thereof, terminate the Agreement for convenience in whole or in part,
at any time. The effective date of such termination shall be consistent with any requirements for providing notice specified in the
Agreement, or immediate if no such terms are set forth in the Agreement. As specified in the termination notice, UC will pay Supplier
as full compensation the pro rata Agreement price for performance through the later of the date that (i) UC provided Supplier with
notice of termination or (ii) Supplier's provision of Goods and/or Services will terminate.
D. UC may by written notice terminate the Agreement for Supplier's breach of the Agreement, in whole or in part, at any time, if Supplier
refuses or fails to comply with the provisions of the Agreement, or so fails to make progress as to endanger performance and does not
cure such failure within five (5) business days, or fails to supply the Goods and/or Services within the time specified or any written
extension thereof. In such event, UC may purchase or otherwise secure Goods and/or Services and, except as otherwise provided
herein, Supplier will be liable to UC for any excess costs UC incurs thereby.
E. UC's Appendix — Data Security, Appendix — BAA, and/or Appendix — GDPR will control in the event that one or more appendices are
incorporated into the Agreement and conflicts with the provisions of this Article.
ARTICLE 3 — PRICING, INVOICING METHOD, AND SETTLEMENT METHOD AND TERMS.
Pricing is set forth in the Agreement or Purchase Order, and the amount UC is charged and responsible for shall not exceed the amount
specified in the Agreement unless UC has given prior written approval. Unless otherwise agreed in writing by UC, Supplier will use the
invoicing method and payment settlement method (and will extend the terms applicable to such settlement method) set forth in UC's
Supplier Invoicing, Terms & Settlement Matrix. UC will pay Supplier, upon submission of acceptable invoices, for Goods and/or Services
provided and accepted. Invoices must be itemized and reference the Agreement or Purchase Order number. UC will not pay shipping,
packaging or handling expenses, unless specified in the Agreement or Purchase Order. Unless otherwise provided, freight is to be FOB
destination. Any of Supplier's expenses that UC agrees to reimburse will be reimbursed under UC's Travel Policy, which may be found at
htto://www.ucoo.edu/central-travel-management/resources/index.html. Where applicable, Supplier will pay all taxes imposed on Supplier
in connection with its performance under the Agreement, including any federal, state and local income, sales, use, excise and other taxes
or assessments. Notwithstanding any other provision to the contrary, UC will not be responsible for any fees, interest or surcharges Supplier
wishes to impose.
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ARTICLE 4 — INSPECTION.
The Goods and/or Services furnished will be exactly as specified in the Agreement, free from all defects in Supplier's performance, design,
skill and materials, and, except as otherwise provided in the Agreement, will be subject to inspection and test by UC at all times and places.
If, prior to final acceptance, any Goods and/or Services furnished are found to be incomplete, or not as specified, UC may reject them,
require Supplier to correct them at the sole cost of Supplier, or require provision of such Goods and/or Services at a reduction in price that
is equitable under the circumstances. If Supplier is unable or refuses to correct such deficiencies within a time UC deems reasonable, UC
may terminate the Agreement in whole or in part. Supplier will bear all risks as to rejected Goods and/or Services and, in addition to any
costs for which Supplier may become liable to UC under other provisions of the Agreement, will reimburse UC for all transportation costs,
other related costs incurred, or payments to Supplier in accordance with the terms of the Agreement for unaccepted Goods and/or Services
and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier will be liable for latent defects,
fraud or such gross mistakes as amount to fraud.
ARTICLE 5 — ASSIGNED PERSONNEL; CHARACTER OF SERVICES
Supplier will provide the Services as an independent contractor and furnish all equipment, personnel and materiel sufficient to provide the
Services expeditiously and efficiently, during as many hours per shift and shifts per week, and at such locations as UC may so require.
Supplier will devote only its best -qualified personnel to work under the Agreement. Should UC inform Supplier that anyone providing the
Services is not working to this standard, Supplier will immediately remove such personnel from providing Services and he or she will not
Oagain, without UC's written permission, be assigned to provide Services. At no time will Supplier or Supplier's employees, sub -suppliers,
agents, or assigns be considered employees of UC for any purpose, including but not limited to workers' compensation provisions. Supplier
shall not have the power nor right to bind or obligate UC, and Supplier shall not hold itself out as having such authority. Supplier shall be
responsible to UC for all Services performed by Supplier's employees, agents and subcontractors, including being responsible for ensuring
payment of all unemployment, social security, payroll, contributions and other taxes with respect to such employees, agents and
subcontractors.
In addition to the warranties set forth in Articles 11, 12, 17, 23, 24, 25 and 26 herein, Supplier makes the following warranties. Supplier
acknowledges that failure to comply with any of the warranties in the Agreement will constitute a material breach of the Agreement and
UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
A. General Warranties. Supplier represents, warrants and covenants that: (i) Supplier is free to enter into this Agreement and that
Supplier is not, and will not become, during the Term, subject to any restrictions that might restrict or prohibit Supplier from
performing the Services or providing the Goods ordered hereunder; (ii) Supplier will comply with all applicable laws, rules and
regulations in performing Supplier's obligations hereunder; (iii) the Goods and/or Services shall be rendered with promptness and
diligence and shall be executed in a skilled manner by competent personnel, in accordance with the prevailing industry standards; and
if UC Appendix Data Security is NOT included:(iv) Supplier has developed a business interruption and disaster recovery program and
is executing such program to assess and reduce the extent to which Supplier's hardware, software and embedded systems may be
susceptible to errors or failures in various crisis (or force majeure) situations; (v) if Supplier uses electronic systems for creating,
modifying, maintaining, archiving, retrieving or transmitting any records, including test results that are required by, or subject to
inspection by an applicable regulatory authority, then Supplier represents and warrants that Supplier's systems for electronic records
are in compliance; and (vi) Supplier agrees that the Goods and/or Services furnished under the Agreement will be covered by the most
favorable warranties Supplier gives to any customer for the same or substantially similar goods or services, or such other more
favorable warranties as specified in the Agreement. The rights and remedies so provided are in addition to and do not limit any rights
afforded to UC by any other article of the Agreement.
B. Permits and Licenses. Supplier agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations and
ordinances of the United States and of the state, territory and political subdivision or any other country in which the Goods and/or
Services are provided.
C. Federal and State Water and Air Pollution Laws. Where applicable, Supplier warrants that it complies with the requirements in UC
Business and Finance Bulletin BUS-56 (Materiel Management; Purchases from Entities Violating State or Federal Water or Air Pollution
Laws). Consistent with California Government Code 4477, these requirements do not permit UC to contract with entities in violation
of Federal or State water or air pollution laws.
D. Web Accessibility Requirements. As applicable to the Supplies and/or Services being provided under the Agreement, Supplier warrants
that:
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1. It complies with California and federal disability laws and regulations; and
2. The Goods and/or Services will conform to the accessibility requirements of WCAG 2.OAA.
3. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Goods and/or Services;
E. General Accessibilitv Requirements. Supplier warrants that:
1. It will comply with California and federal disability laws and regulations;
2. Supplier will promptly respond to remediate to any identified accessibility defects in the Goods and Services to conform to WCAG
2.0 AA; and
3. Supplier agrees to promptly respond to and use reasonable efforts to resolve and remediate any complaint regarding accessibility
of its Goods and/or Services.
F. Warranty of Quiet Eniovment. Supplier warrants that Supplier has the right of Quiet Enjoyment in, and conveys the right of Quiet
Enjoyment to UC for UC's use of, any and all intellectual property that will be needed for Supplier's provision, and UC's use of, the
Goods and/or Services provided by Supplier under the Agreement.
G. California Child Abuse and Neglect Reporting Act ("CANRA"). Where applicable, Supplier warrants that it complies with CANRA.
H. Debarment and Suspension. Supplier warrants that it is not presently debarred, suspended, proposed for debarment, or declared
ineligible for award of federal contracts or participation in federal assistance programs or activities.
I. UCTrademark Licensing Code of Conduct. If the Goods will bear UC's name (including UC campus names, abbreviations of these names,
UC logos, UC mascots, or UC seals) or other trademarks owned by UC, Supplier warrants that it holds a valid license from UC and
complies with the Trademark Licensing Code of Conduct policy, available at http://policy.ucop.edu/doc/3000130/TrademarkLicensing.
J. Outsourcing (Public Contract Code section 12147) Compliance. Supplier warrants that if the Agreement will displace UC employees,
no funds paid under the Agreement will be used to train workers who are located outside of the United States, or plan to relocate
outside the United States as part of the Agreement. Additionally, Supplier warrants that no work will be performed under the
Agreement with workers outside the United States, except as described in Supplier's bid. If Supplier or its sub -supplier performs the
Agreement with workers outside the United States during the life of the Agreement and Supplier did not describe such work in its bid,
Supplier acknowledges and agrees that (i) UC may terminate the Agreement without further obligation for noncompliance, and (ii)
Supplier will forfeit to UC the amount UC paid for the percentage of work that was performed with workers outside the United States
and not described in Supplier's bid.
ARTICLE 7 — INTELLECTUAL PROPERTY, COPYRIGHT, PATENTS, AND DATA RIGHTS
A. Goods and/or Services Involving Work Made for Hire.
1. Unless UC indicates that the Goods and/or Services do not involve work made for hire, Supplier acknowledges and agrees that
any deliverables provided to UC by Supplier in the performance of the Agreement, and any intellectual property rights therein,
(hereinafter the "Deliverables") will be owned by UC. The Deliverables will be considered "work made for hire" under U.S.
copyright law and all right, title, and interest to and in such Deliverables including, but not limited to, any and all copyrights or
trademarks, will be owned by UC. In the event that it is determined that UC is not the owner of such Deliverables under the
"work made for hire" doctrine of U.S. copyright law, Supplier hereby irrevocably assigns to UC all right, title, and interest to and
in such Deliverables and any copyrights or trademarks thereto.
2. The Deliverables must be new and original. Supplier must not use any pre-existing copyrightable or trademarked images, writings,
or other proprietary materials (hereinafter "Pre -Existing Materials") in the Deliverables without UC's prior written permission. In
the event that Supplier uses any Pre -Existing Materials in the Deliverables in which Supplier has an ownership interest, UC is
hereby granted, and will have, a non-exclusive, royalty -free, irrevocable, perpetual, paid -up, worldwide license (with the right to
sublicense) to make, have made, copy, modify, make derivative works of, use, perform, display publicly, sell, and otherwise
distribute such Pre -Existing Materials in connection with the Deliverables.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement,
Supplier will promptly furnish UC with complete information with respect thereto and UC will have the sole power to determine
whether and where a patent application will be filed and to determine the disposition of title to and all rights under any
application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual
property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether
the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may
require in order to effectuate such assignment.
B. Goods and/or Services Not Involving Work Made for Hire.
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Terms and Conditions of Purchase
1. If the Goods and/or Services do not involve work made for hire, and in the event that Supplier uses any Pre -Existing Materials in
the Deliverables in which Supplier has an ownership interest, UC is hereby granted, and will have, a non-exclusive, royalty -free,
irrevocable, perpetual, paid -up, worldwide license (with the right to sublicense) to make, have made, copy, modify, make
derivative works of, use, perform, display publicly, sell, and otherwise distribute such Pre -Existing Materials in connection with
the Deliverables.
2. The Deliverables must be new and original. Supplier must not use any Pre -Existing Materials in the Deliverables without UC's
prior written permission.
3. Whenever any invention or discovery is made or conceived by Supplier in the course of or in connection with the Agreement,
Supplier will promptly furnish UC complete information with respect thereto and UC will have the sole power to determine
whether and where a patent application will be filed and to determine the disposition of title to and all rights under any
application or patent that may result.
4. Supplier is specifically subject to an obligation to, and hereby does, assign all right, title and interest in any such intellectual
property rights to UC as well as all right, title and interest in tangible research products embodying any such inventions whether
the inventions are patentable or not. Supplier agrees to promptly execute any additional documents or forms that UC may
require in order to effectuate such assignment.
C. General. Should the Goods and/or Services become, or in Supplier's opinion be likely to become, the subject of a claim of infringement
of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of any third party, Supplier will
provide written notice to UC of the circumstances giving rise to such claim or likely claim. In the event that UC receives notice of a
claim of infringement or is made a party to or is threatened with being made a party to any claim of infringement related to the Goods
and/or Services, UC will provide Supplier with notice of such claim or threat. Following receipt of such notice, Supplier will either (at
Supplier's sole election) (i) procure for UC the right to continue to use the affected portion of the Goods and/or Services, or (ii) replace
or otherwise modify the affected portion of the Goods and/or Services to make them non -infringing, or obtain a reasonable substitute
product for the affected portion of the Goods and/or Services, provided that any replacement, modification or substitution under this
paragraph does not effect a material change in the Goods and/or Services' functionality. If none of the foregoing options is reasonably
acceptable to UC, UC will have the right to terminate the Agreement without damage, penalty, cost or further obligation.
D. UC Rights to Institutional Information. Institutional Information shall belong exclusively to UC and unless expressly provided, this
Agreement shall not be construed as conferring on Supplier any patent, copyright, trademark, license right or trade secret owned or
obtained by UC. Any right for Supplier to use Institutional Information is solely provided on a non-exclusive basis, and only to the
extent required for Supplier to provide the Goods or Services under the Agreement. As used herein, "Institutional Information" means
any information or data created, received, and/or collected by UC or on its behalf, including but not limited to application logs,
metadata and data derived from such data.
ARTICLE 8 — INDEMNITY AND LIABILITY
To the fullest extent permitted by law, Supplier will defend, indemnify, and hold harmless UC, its officers, employees, and agents, from and
against all losses, expenses (including, without limitation, reasonable attorneys' fees and costs), damages, and liabilities of any kind resulting
from or arising out of the Agreement, including the performance hereunder of Supplier, its officers, employees, agents, sub -suppliers, or
anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, provided such losses,
expenses, damages and liabilities are due or claimed to be due to the acts or omissions of Supplier, its officers, employees, agents, sub -
suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control. UC agrees
to provide Supplier with prompt notice of any such claim or action and to permit Supplier to defend any claim or action, and that UC will
cooperate fully in such defense. UC retains the right to participate in the defense against any such claim or action, and the right to consent
to any settlement, which consent will not unreasonably be withheld.
In the event Appendix DS applies to this Agreement, Supplier shall reimburse or otherwise be responsible for any costs, fines or penalties
imposed against UC as a result of Supplier's Breach of Institutional Information and/or failure to cooperate with UC's response to such
Breach. As used herein, "Breach" means: (1) any disclosure of Institutional Information to an unauthorized party or in an unlawful manner;
(2) unauthorized or unlawful acquisition of information that compromises the security, confidentiality or integrity of Institutional
Information and/or IT Resources; and (3) the acquisition, access, use, or disclosure of Protected Health Information or medical information
in a manner not permitted under the Health Insurance Portability and Accountability Act (HIPAA) or California law. "IT Resources" means
IT infrastructure, cloud services, software, and/or hardware with computing and/or networking capability that is Supplier owned/managed,
or UC-owned, or a personally owned device that stores Institutional Information, is connected to UC systems, is connected to UC networks,
or is used for UC business.
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ARTICLE 9 — INSURANCE
Supplier, at its sole cost and expense, will insure its activities in connection with providing the Goods and/or Services and obtain, keep in
force, and maintain the following insurance with the minimum limits set forth below, unless UC specifies otherwise:
A. Commercial Form General Liability Insurance (contractual liability included) with limits as follows:
1. Each Occurrence $ 1,000,000
2. Products/Completed Operations Aggregate $ 2,000,000
3. Personal and Advertising Injury $ 1,000,000
4. General Aggregate $ 2,000,000
B. Business Automobile Liability Insurance for owned, scheduled, non -owned, or hired automobiles with a combined single limit of not
less than one million dollars ($1,000,000) per occurrence. (Required only if Supplier drives on UC premises or transports UC employees,
officers, invitees, or agents in the course of supplying the Goods and/or Services to UC.)
C. If applicable, Professional Liability Insurance with a limit of two million dollars ($2,000,000) per occurrence or claim with an aggregate
of not less than two million dollars ($2,000,000). If this insurance is written on a claims -made form, it will continue for three years
following termination of the Agreement. The insurance will have a retroactive date of placement prior to or coinciding with the
effective date of the Agreement.
D. Workers' Compensation as required by applicable state law and Employer's Liability with limits of one million dollars ($1,000,000) per
occurrence. Workers' Compensation as required by applicable state law and Employer's Liability with limits of one million dollars
($1,000,000) per occurrence.
E. If applicable, Supplier Fidelity Bond or Crime coverage for the dishonest acts of its employees in a minimum amount of one million
dollars ($1,000,000). Supplier will endorse such policy to include a "Regents of the University of California Coverage" or "Joint Payee
Coverage" endorsement. UC and, if so requested, UC's officers, employees, agents and sub -suppliers will be named as "Loss Payee, as
Their Interest May Appear" in such Fidelity Bond.
F. In the event Appendix IDS applies to this Agreement, Supplier, at its sole cost and expense, will obtain, keep in force, and maintain one
or more insurance policies that provide coverage for technology, professional liability, data protection, and/or cyber liability. Typically
referred to as Privacy, Technology and Data Security Liability, Cyber Liability, or Technology Professional Liability insurance, it will
cover liabilities for financial loss due to the acts, omissions, or intentional misconduct of Supplier, its officers, employees, agents, sub -
suppliers, or anyone directly or indirectly employed by Supplier, or any person or persons under Supplier's direction and control, in
connection with the performance of this Agreement, as well as all Supplier costs, including damages it is obligated to pay UC or any
third party, that are associated with any confirmed or suspected Breach or compromise of Institutional Information. In some cases,
Professional Liability policies may include some coverage for data breaches or loss of Institutional Information. Regardless of the type
of policy(ies) in place, such coverage will include without limitation: (i) costs to notify parties whose data were lost or compromised;
(ii) costs to provide credit monitoring and credit restoration services to parties whose data were lost or compromised; (iii) costs
associated with third party claims arising from the confirmed or suspected Breach or loss of Institutional Information, including
litigation costs and settlement costs; (iv) any investigation, enforcement, fines and penalties, or similar miscellaneous costs; and (v)
any payment made to a third party as a result of extortion related to a confirmed or suspected Breach. The following insurance
coverage is based on the highest Protection Level Classification of Institutional Information identified in Exhibit 1 to Appendix DS:
1. P1 - This insurance policy must have minimum limits of $500,000 each occurrence and $500,000 in the aggregate.
2. P2 - This insurance policy must have minimum limits of $1,000,000 each occurrence and $1,000,000 in the aggregate.
3. P3 and P4, less than 70,000 records - this insurance policy must have minimum limits of $5,000,000 each occurrence and
$5,000,000 in the aggregate.
4. P3 and P4, 70,000 or more records - this insurance policy must have minimum limits of $10,000,000 each occurrence and
$10,000,000 in the aggregate.
Protection Level Classifications are defined in the UC Systemwide Information Security Classification of Information and IT Resources:
httos://securitv.ucop.edu/policies/institutional-information-and-it-resource-classification.html
G. Additional other insurance in such amounts as may be reasonably required by UC against other insurable risks relating to performance.
If the above insurance is written on a claims -made form, it will continue for three years following termination of the Agreement. The
insurance will have a retroactive date of placement prior to or coinciding with the effective date of the Agreement. If the above
insurance coverage is modified, changed or cancelled, Supplier will provide UC with not less than fifteen (15) days' advance written
notice of such modification, change, or cancellation, and will promptly obtain replacement coverage that complies with this Article.
I. The coverages referred to under A and B of this Article must include UC as an additional insured. It is understood that the coverage
and limits referred to under A, B and C of this Article will not in anyway limit Supplier's liability. Supplier will furnish UC with certificates
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of insurance (and the relevant endorsement pages) evidencing compliance with all requirements prior to commencing work under the
Agreement. Such certificates will:
1. Indicate that The Regents of the University of California has been endorsed as an additional insured for the coverage referred to
under A and B of this Article. This provision will only apply in proportion to and to the extent of the negligent acts or omissions
of Supplier, its officers, agents, or employees.
2. Include a provision that the coverage will be primary and will not participate with or be excess over any valid and collectible
insurance or program of self-insurance carried or maintained by UC.
ARTICLE 10 — USE OF UC NAME AND TRADEMARKS
Supplier will not use the UC name, abbreviation of the UC name, trade names and/or trademarks (i.e., logos and seals) or any derivation
thereof, in any form or manner in advertisements, reports, or other information released to the public, or place the UC name,
abbreviations, trade names and/or trademarks or any derivation thereof on any consumer goods, products, or services for sale or
distribution to the public, without U C's prior written approval. Supplier agrees to comply at all times with California Education Code
Section 92000.
ARTICLE 11— FEDERAL FUNDS
Supplier who supplies Goods and/or Services certifies and represents its compliance with the following clauses, as applicable. Supplier
shall promptly notify UC of any change of status with regard to these certifications and representations. These certifications and
representations are material statements upon which UC will rely.
A. For commercial transactions involving funds on a federal contract (federal awards governed by the FAR), the following provisions
apply, as applicable:
1. FAR 52.203-13, Contractor Code of Business Ethics and Conduct;
2. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights;
3. FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements;
4. FAR 52.219-8, Utilization of Small Business Concerns;
5. FAR 52.222-17, Non -displacement of Qualified Workers;
6. FAR 52.222-21, Prohibition of Segregated Facilities;
7. FAR 52.222-26, Equal Opportunity;
8. FAR 52.222-35, Equal Opportunity for Veterans;
9. FAR 52.222-36, Equal Opportunity for Workers with Disabilities;
10. FAR 52.222-37, Employment Reports on Veterans;
11. FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act;
12. FAR 52.222-41, Service Contract Labor Standards;
13. FAR 52.222-50, Combating Trafficking in Persons;
14. FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration,
or Repair of Certain Equipment - Requirements;
15. FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -
Requirements;
16. FAR 52.222-54, Employment Eligibility Verification;
17. FAR 52.222-55, Minimum Wages Under Executive Order 13658;
18. FAR 52.222-62, Paid Sick Leave under Executive Order 13706;
19. FAR 52.224-3, Privacy Training;
20. FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations;
21. FAR 52.233-1, Disputes; and
22. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels.
B. For non-commercial transactions involving funds on a federal contract, the UC Appendix titled 'Federal Government Contracts Special
terms and Conditions (Non -Commercial Items or Services)' and located at www.ucop.edu/procurement-services/policies-
forms/index.html is hereby incorporated herein by this reference.
C. For transactions involving funds on a federal grant or cooperative agreement (federal awards governed by eCFR Title 2, Subtitle A,
Chapter II, Part 200) the following provisions apply, as applicable:
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Terms and Conditions of Purchase
1. Rights to Inventions. If Supplier is a small business firm or nonprofit organization, and is providing experimental, development,
or research work under this transaction, Supplier must comply with the requirements of 3 CFR Part 401, "Rights to Inventions
Made by nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements".
2. Clean Air Act. Supplier agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
3. Byrd Anti -Lobbying. Supplier certifies that it will not, and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352.
4. Procurement of Recovered Materials. If Supplier is a state agency or agency of a political subdivision of a state, then Supplier
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
D. In these provisions, the term "contractor" as used therein will refer to Supplier, and the terms "Government" or "Contracting Officer"
as used therein will refer to UC. Where a purchase of items is for fulfillment of a specific U.S. Government prime or subcontract,
additional information and/or terms and conditions may be included in an attached supplement. By submitting an invoice to UC,
Supplier is representing to UC that, at the time of submission:
1. Neither Supplier nor its principals are presently debarred, suspended, or proposed for debarment by the U.S. government (see
FAR 52.209-6);
2. Supplier has filed all compliance reports required by the Equal Opportunity clause (see FAR 52.222-22); and
3. Any Supplier representations to UC about U.S. Small Business Administration or state and local classifications, including but not
limited to size standards, ownership, and control, are accurate and complete.
4. Byrd Anti -Lobbying. Supplier certifies that it will not, and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352.
ARTICLE 12 — EQUAL OPPORTUNITY AFFIRMATIVE ACTION
Supplier will abide by the requirements set forth in Executive Orders 11246 and 11375. Where applicable, Supplier will comply with 41 CFR
§§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), incorporated by reference with this statement: "This contractor and subcontractor shall abide
by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals
based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that
covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard
to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability." With respect to
activities occurring in the State of California, Supplier agrees to adhere to the California Fair Employment and Housing Act. Supplier will
provide UC on request a breakdown of its labor force by groups as specified by UC, and will discuss with UC its policies and practices relating
to its affirmative action programs. Supplier will not maintain or provide facilities for employees at any establishment under its control that
are segregated on a basis prohibited by federal law. Separate or single -user restrooms and necessary dressing or sleeping areas must be
provided, however, to ensure privacy.
ARTICLE 13 — LIENS
Supplier agrees that upon UC's request, Supplier will submit a sworn statement setting forth the work performed or material furnished by
sub -suppliers and material men, and the amount due and to become due to each, and that before the final payment called for under the
Agreement, will upon UC's request submit to UC a complete set of vouchers showing what payments have been made for such work
performed or material furnished. Supplier will promptly notify UC in writing, of any claims, demands, causes of action, liens or suits brought
to its attention that arise out of the Agreement. UC will not make final payment until Supplier, if required, delivers to UC a complete
release of all liens arising out of the Agreement, or receipts in full in lieu thereof, as UC may require, and if required in either case, an
affidavit that as far as it has knowledge or information, the receipts include all the labor and materials for which a lien could be filed; but
Supplier may, if any sub -supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory to UC to indemnify it against any
claim by lien or otherwise. If any lien or claim remains unsatisfied after all payments are made, Supplier will refund to UC all monies that
UC may be compelled to pay in discharging such lien or claim, including all costs and reasonable attorneys' fees.
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ARTICLE 14— PREMISES WHERE SERVICES ARE PROVIDED
A. Cleaning Up. Supplier will at all times keep UC premises where the Services are performed and adjoining premises free from
accumulations of waste material or rubbish caused by its employees or work of any of its sub -suppliers, and, at the completion of the
Services; will remove all rubbish from and about the premises and all its tools, scaffolding, and surplus materials, and will leave the
premises "broom clean" or its equivalent, unless more exactly specified. In case of dispute between Supplier and its sub -suppliers as
to responsibility for the removal of the rubbish, or if it is not promptly removed, UC may remove the rubbish and charge the cost to
Supplier.
B. Environmental, Safetv, Health and Fire Protection. Supplier will take all reasonable precautions in providing the Goods and Services
to protect the health and safety of UC employees and members of the public and to minimize danger from all hazards to life and
property, and will comply with all applicable environmental protection, health, safety, and fire protection regulations and
requirements (including reporting requirements). In the event that Supplier fails to comply with such regulations and requirements,
UC may, without prejudice to any other legal or contractual rights of UC, issue an order stopping all or any part of the provision of the
Goods and/or Services; thereafter a start order for resumption of providing the Goods and/or Services may be issued at UC's discretion.
Supplier will not be entitled to make a claim for extension of time or for compensation or damages by reason of or in connection with
such stoppage. Supplier will have sole responsibility for the safety of all persons employed by Supplier and its sub -suppliers on UC
premises, or any other person who enters upon UC premises for reasons relating to the Agreement. Supplier will at all times maintain
good order among its employees and all other persons who come onto UC's premises at Supplier's request and will not engage any
unfit or unskilled person to provide the Goods and/or Services. Supplier will confine its employees and all other persons who come
onto UC's premises at Supplier's request or for reasons relating to the Agreement and its equipment to that portion of UC's premises
where the Services are to be provided or to roads leading to and from such work sites, and to any other area which UC may permit
Supplier to use. Supplier will take all reasonable measures and precautions at all times to prevent injuries to or the death of any of its
employees or any other person who enters upon UC premises at Supplier's request. Such measures and precautions will include, but
will not be limited to, all safeguards and warnings necessary to protect workers and others against any conditions on the premises
that could be dangerous and to prevent accidents of any kind whenever the Goods and/or Services are being provided in proximity to
any moving or operating machinery, equipment or facilities, whether such machinery, equipment or facilities are the property of or
are being operated by, Supplier, its sub -suppliers, UC or other persons. To the extent compliance is required, Supplier will comply with
all relevant UC safety rules and regulations when on UC premises.
C. Tobacco -free Campus. UC is a tobacco -free institution. Use of cigarettes, cigars, oral tobacco, electronic cigarettes and all other
tobacco products is prohibited on all UC owned or leased sites.
ARTICLE 15 — LIABILITY FOR UC - FURNISHED PROPERTY
Supplier assumes complete liability for any materials UC furnishes to Supplier in connection with the Agreement and Supplier agrees to pay
for any UC materials Supplier damages or otherwise is not able to account for to UC's satisfaction. UC furnishing to Supplier any materials
in connection with the Agreement will not, unless otherwise expressly provided in writing by UC, be construed to vest title thereto in
Supplier.
ARTICLE 16 —COOPERATION
Supplier and its sub -suppliers, if any, will cooperate with UC and other suppliers and will so provide the Services that other cooperating
suppliers will not be hindered, delayed or interfered with in the progress of their work, and so that all of such work will be a finished and
complete job of its kind.
ARTICLE 17 — ADDITIONAL TERMS APPLICABLE TO THE FURNISHING OF GOODS
The terms in this Article have special application to the furnishing of Goods:
A. Price Decreases. Supplier agrees immediately to notify UC of any price decreases from its suppliers, and to pass through to UC any
price decreases.
B. Declared Valuation of Shipments. Except as otherwise provided in the Agreement, all shipments by Supplier under the Agreement for
UC's account will be made at the maximum declared value applicable to the lowest transportation rate or classification and the bill of
lading will so note.
C. Title. Title to the Goods purchased under the Agreement will pass directly from Supplier to UC at the f.o.b. point shown, or as
otherwise specified in the Agreement, subject to UC's right to reject upon inspection.
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D. Changes. Notwithstanding the terms in Article 34, Amendments, UC may make changes within the general scope of the Agreement in
drawings and specifications for specially manufactured Goods, place of delivery, method of shipment or packing of the Agreement by
giving notice to Supplier and subsequently confirming such changes in writing. If such changes affect the cost of or the time required
for performance of the Agreement, UC and Supplier will agree upon an equitable adjustment in the price and/or delivery terms.
Supplier may not make changes without UC's written approval. Any claim of Supplier for an adjustment under the Agreement must
be made in writing within thirty (30) days from the date Supplier receives notice of such change unless UC waives this condition in
writing. Nothing in the Agreement will excuse Supplier from proceeding with performance of the Agreement as changed hereunder.
Supplier may not alter or misbrand, within the meaning of the applicable Federal and State laws, the Goods furnished.
E. Forced. Convict and Indentured Labor. Supplier warrants that no foreign -made Goods furnished to UC pursuant to the Agreement will
be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. If UC determines that Supplier
knew or should have known that it was breaching this warranty, UC may, in addition to terminating the Agreement, remove Supplier
from consideration for UC contracts for a period not to exceed one year. This warranty is in addition to any applicable warranties in
Articles 6 and 11.
F. Export Control. Supplier agrees to provide UC (the contact listed on the Purchase Order) with written notification that identifies the
export -controlled Goods and such Goods' export classification if any of the Goods is export -controlled under the International Traffic
in Arms Regulations (ITAR) (22 CFR §§ 120-130), the Export Administration Regulations (15 CFR §§ 730-774) 500 or 600 series, or
controlled on a military strategic goods list. Supplier agrees to provide UC (the contact listed on the Purchase Order) with written
notification if Supplier will be providing information necessary for the operation, installation (including on -site installation),
maintenance (checking), repair, overhaul, and refurbishing of the Goods that is beyond a standard user manual (i.e. "Use" technology
as defined under the EAR 15 CFR § 772.1), or "Technical Data" (as defined under the ITAR 22 CFR § 120.10).
ARTICLE 18 — CONFLICT OF INTEREST
Supplier affirms that, to the best of Supplier's knowledge, no UC employee who has participated in UC's decision -making concerning the
Agreement has an "economic interest" in the Agreement or Supplier. A UC employee's "economic interest" means:
A. An investment worth $2,000 or more in Supplier or its affiliate;
B. A position as director, officer, partner, trustee, employee or manager of Supplier or its affiliate;
C. Receipt during the past 12 months of $500 in income or $440 in gifts from Supplier or its affiliate; or
D. A personal financial benefit from the Agreement in the amount of $250 or more.
In the event of a change in these economic interests, Supplier will provide written notice to UC within thirty (30) days after such change,
noting such changes. Supplier will not be in a reporting relationship to a UC employee who is a near relative, nor will a near relative be in
a decision making position with respect to Supplier.
ARTICLE 19 — AUDIT REQUIREMENTS
The Agreement, and any pertinent records involving transactions relating to this Agreement, is subject to the examination and audit of the
Auditor General of the State of California or Comptroller General of the United States or designated Federal authority for a period of up to
five (5) years after final payment under the Agreement. UC, and if the underlying grant, cooperative agreement or federal contract so
provides, the other contracting Party or grantor (and if that be the United States or an instrumentality thereof, then the Comptroller General
of the United States) will have access to and the right to examine Supplier's pertinent books, documents, papers, and records involving
transactions and work related to the Agreement until the expiration of five (5) years after final payment under the Agreement. The
examination and audit will be confined to those matters connected with the performance of the Agreement, including the costs of
administering the Agreement.
ARTICLE 20— PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF INSTITUTIONAL INFORMATION
A. Prohibition on Access, Use and Disclosure of Institutional Information. Supplier will not access, use or disclose Institutional Information,
other than to carry out the purposes for which UC disclosed the Institutional Information to Supplier, except as required by applicable
law, or as otherwise authorized in writing by UC prior to Supplier's disclosure. Supplier shall have the limited right to disclose
Institutional Information to Supplier's employees provided that: (i) Supplier shall disclose only such Institutional Information as is
necessary for the Supplier to perform its obligations under this Agreement, and (ii) Supplier informs such employees of the
obligations governing the access, use and disclosure of Institutional Information prior to Supplier's disclosure. Supplier shall be liable
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for any breach of this Agreement by its employees. For avoidance of doubt, this provision prohibits Supplier from using for its own
benefit Institutional Information and any information derived therefrom. For the avoidance of doubt, the sale of Institutional
Information is expressly prohibited.
B. Compliance with Applicable Laws and Industry Best Practices. Supplier agrees to comply with all applicable state, federal, and foreign
laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of Institutional
Information. Supplier agrees to protect the privacy and security of Institutional Information according to all applicable laws and
industry best practices, and no less rigorously than it protects its own information, but in no case less than reasonable care.
C. Confidential Institutional Information. Supplier agrees to hold UC's Confidential Institutional Information, and any information derived
therefrom, in strict confidence. Confidential Institutional Information shall be defined as any Institutional Information which is (i) marked
as "Confidential" at the time of disclosure; (ii) if disclosed orally, identified at the time of such oral disclosure as confidential, and
reduced to writing as "Confidential" within thirty (30) days of such oral disclosure; and (iii) if not marked as "Confidential," information
that would be considered by a reasonable person in the relevant field to be confidential given its content and the circumstances of its
disclosure. Confidential Information will not be considered confidential to the extent that: (i) Supplier can demonstrate by written
records was known to Supplier prior to the effective date of the Agreement; (ii) is currently in, or in the future enters, the public domain
other than through a breach of the Agreement or through other acts or omissions of Supplier; (iii) is obtained lawfully from a third party;
or (iv) is disclosed under the California Public Records Act or legal process. For the avoidance of doubt, as applicable to Supplier's
Services, Confidential Institutional Information may include any information that identifies or is capable of identifying a specific
individual, including but not limited to:
1. Personally identifiable information,
2. Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA
regulations (including, but not limited to 45 C.F.R. § 160.103),
3. Medical information as defined by California Civil Code § 56.05,
4. Cardholder data,
5. Student records, or
6. Individual financial information that is subject to laws restricting the use and disclosure of such information, including but not
limited to:
a. Article 1, Section 1 of the California Constitution; the California Information Practices Act (Civil Code § 1798 etseq.);
b. The federal Gramm -Leach -Bliley Act (15 U.S.C. §§ 6801(b) and 6805(b)(2));
c. The federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);
d. The federal Fair and Accurate Credit Transactions Act (15 U.S.C. § 1601 etseq.);
e. The Fair Credit Reporting Act (15 U.S.C. § 1681 etseq), and
f. Applicable international privacy laws, including, but not limited to the General Data Protection Regulation.
D. Required Disclosures of Institutional Information. If Supplier is required by a court of competent jurisdiction or an administrative body
to disclose Institutional Information, Supplier will notify UC in writing immediately upon receiving notice of such requirement and prior
to any such disclosure (unless Supplier is prohibited by law from doing so), to give UC an opportunity to oppose or otherwise respond
to such disclosure. To the extent Supplier still required to disclose Institutional Information, Supplier will furnish only that portion that
is legally required and will exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be afforded to
any Confidential Institutional Information.
E. No Offshoring.. Supplier's transmission, transportation or storage of Institutional Information outside the United States, or access of
Institutional Information from outside the United States, is prohibited except with prior written authorization by UC.
F. Conflict in Terms. UC's Appendix — Data Security, Appendix — BAA, and/or Appendix GDPR will control in the event that one or more
appendices is incorporated into the Agreement and conflicts with the provisions of this Article.
G. Acknowledgement. Supplier acknowledges that remedies at law would be inadequate to protect UC against any actual or threatened
breach of this Section by Supplier, and, without prejudice to any other rights and remedies otherwise available to UC, Supplier agrees
to the granting of injunctive relief in UC's favor without proof of actual damages.
ARTICLE 21— UC WHISTLEBLOWER POLICY
UC is committed to conducting its affairs in compliance with the law, and has established a process for reporting and investigating suspected
improper governmental activities. Please visit http://www.ucor).edu/uc-whistleblower/,for more information.
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ARTICLE 22—SUSTAINABLE PROCUREMENT GUIDELINES
Terms and Conditions of Purchase
Supplier will conduct business using environmentally, socially, and economically sustainable products and services (defined as products
and services with a lesser or reduced effect on human health and the environment, and which generate benefits to the University as well
as to society and the economy, while remaining within the carrying capacity of the environment), to the maximum possible extent
consistent with the Agreement, and with the University of California Sustainable Practices Policy(https://ooIicv.ucoo.edu/doc/3100155)
and the University of California Sustainable Procurement Guidelines:
(https://www.ucor).edu/procurement-services/ files/sustainableprocurementguidelines.pdf).
In accordance with the University of California Sustainable Practices Policy, Supplier will adhere to the following requirements and
standards, as applicable. Supplier acknowledges that failure to comply with any of the sustainability standards and requirements in the
Agreement will constitute a material breach of the Agreement and UC will have the right to terminate the Agreement without damage,
penalty, cost or further obligation.
A. Sustainabilitv Marketing Standards. Supplier sustainability related claims, where applicable, must meet UC recognized certifications
and standards set forth in the UC Sustainable Procurement Guidelines and/or meet the standards of Federal Trade Commission's (FTC)
Green Guides.
B. Electronic Transfer of Supplier Information. Suppliers, when interacting with the UC, shall be prohibited from providing hard copies of
presentations, marketing material, or other informational materials. Suppliers will be required to present all information in electronic
format that is easily transferable to UC staff. Materials may be provided in hard copy or physical format if specifically required or
requested by a UC representative.
C. Packaging Requirements. All packaging must be compliant with the Toxics in Packaging Prevention Act (AB 455) and must meet all
additional standards and requirements set forth in the UC Sustainable Practices Policy. In addition, UC requires that all packaging meet
at least one of the criteria listed below:
1. Uses bulk packaging;
2. Uses reusable packaging (e.g. totes reused by delivery service for next delivery);
3. Uses innovative packaging that reduces the weight of packaging, reduces packaging waste, or utilizes packaging that is a
component of the product;
4. Maximizes recycled content and/or meets or exceeds the minimum post -consumer content level for packaging in the U.S.
Environmental Protection Agency Comprehensive Procurement Guidelines;
5. Uses locally recyclable or certified compostable material.
D. Foodservice Foam Ban. As of 2018, the University no longer allows packaging foam or expanded polystyrene (EPS) for takeaway
containers or other food service items, in any University -owned or -operated food service facility.
E. Product Packaging Foam Ban. Beginning January 1st, 2020, the University will prohibit all contracted and non -contracted suppliers
from selling or distributing packaging foam (other than that utilized for laboratory supply or medical packaging) to UC campuses.
Packaging foam is defined as any open or closed cell, solidified, polymeric foam used for cushioning or packaging, including but not
limited to: low -density polyethylene foam, polypropylene foam, polystyrene foam (i.e. expanded polystyrene (EPS)), polyurethane
foam, polyethylene foam, polyvinyl chloride (PVC) foam, and microcellular foam. Not included in this ban are easily biodegradable,
plant -based foams such as those derived from corn or mushrooms.
F. E-Waste Recvcling Requirements. All recyclers of UC electronic equipment must be e-Steward certified by the Basel Action Network
(BAN).
G. Hosted and Punch -out Catalog Requirements. Suppliers enabled with eProcurement hosted catalog functionality must clearly identify
products with UC-recognized certifications, as defined by the UC Sustainable Procurement Guidelines, in both hosted and punch -out
catalog e-procurement environments.
ARTICLE 23 — PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA) EMPLOYER SHARED RESPONSIBILITY
If the Services involve Supplier furnishing UC with temporary or supplementary staffing, Supplier warrants that:
A. If Supplier is an Applicable Large Employer (as defined under Treasury Regulation Section 54.4980H-1(a)(4)):
1. Supplier offers health coverage to its full-time employees who are performing Services for UC;
2. Supplier's cost of enrolling such employees in Supplier's health plan is factored into the fees for the Services; and
3. The fees for the Services are higher than what the Services would cost if Supplier did not offer health coverage to such full-time
employees.
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If Supplier is not an Applicable Large Employer (as defined above):
1. Supplier offers group health coverage to its full-time employees who are performing Services for UC and such coverage is
considered Minimum Essential Coverage (as defined under Treasury Regulation Section 1-5000A-2) and is Affordable (as
defined under Treasury Regulation Section 54.4980H-5(e)); or
2. Supplier's full-time employees who are performing services for UC have individual coverage and such coverage satisfies the
PPACA requirements for mandated individual coverage.
Supplier acknowledges that UC is relying on these warranties to ensure UC's compliance with the PPACA Employer Shared Responsibility
provision.
ARTICLE 24 - PREVAILING WAGES
Unless UC notifies Supplier that the Services are not subject to prevailing wage requirements, Supplier will comply, and will ensure that all
sub -suppliers comply, with California prevailing wage provisions, including but not limited to those set forth in Labor Code sections 1770,
1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the Agreement, the term "sub -supplier" means
a person or firm, of all tiers, that has a contract with Supplier or with a sub -supplier to provide a portion of the Services. The term sub -
supplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations
are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub -suppliers comply with Labor Code
Section 1777.5. Supplier and sub -supplier may not provide the Services unless currently registered and qualified to perform public work
pursuant to Labor Code Section 1725.5 and 1771.1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking
and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In
every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and
$15 per hour as of 10/1/17) for Services being performed at a UC Location (defined as any location owned or leased by UC).
The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the locality in which
the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general
prevailing per diem wage rates will be on file at each UC Location's procurement office, and will be made available to any interested party
upon request. Supplier will post at anyjob site:
A. Notice of the general prevailing per diem wage rates, and
B. Any other notices required by DIR rule or regulation.
By this reference, such notices are made part of the Agreement. Supplier will pay not less than the prevailing wage rates, as specified in
the schedule and any amendments thereto, to all workers employed by Supplier in providing the Services. Supplier will cause all
subcontracts to include the provision that all sub -suppliers will pay not less than the prevailing rates to all workers employed by such sub -
suppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by the DIR. Supplier will forfeit,
as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as
determined by the DIR for the work or craft in which the worker is employed for any portion of the Services provided by Supplier or any
sub -supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from
the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will
be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate
for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the
worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing
per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant
to California Labor Code section 1742.
ARTICLE 25 — FAIR WAGE/FAIR WORK
If the Agreement is for Services that will be performed at one or more UC Locations, does not solely involve furnishing Goods, and are not
subject to extramural awards containing sponsor -mandated terms and conditions, Supplier warrants that it is in compliance with applicable
federal, state and local working conditions requirements, including but not limited to those set forth in Articles 11, 12 and 14 herein, and
that Supplier pays its employees performing the Services no less than the UC Fair Wage. Supplier agrees UC may conduct such UC Fair
Wage/Fair Work interim compliance audits as UC reasonably requests, as determined in UC's sole discretion. Supplier agrees to post UC
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Fair Wage/Fair Work notices, in the form supplied by UC, in public areas (such as break rooms and lunch rooms) frequented by Supplier
employees who perform Services.
For Services rendered (actual spend) not subject to prevailing wage requirements in excess of $100,000 in a year (under the Agreement or
any combination of agreements for the same service), Supplier will (i) at Supplier's expense, provide an annual independent verification
(https://www.ucoi3.edu/procurement-services/for-suppliers/fwfw-resources-suppliers.html) performed by a licensed public accounting
firm (independent accountant) or the Supplier's independent internal audit department (http://na.theiia.org/standards-
guidance/topics/Pages/Independence-and-Obiectivitv.aspx) in compliance with UC's required verification standards and procedures
(htti)s://www.ucor).edu/procurement-services/for-suppliers/fwfw-resources-sugpliers.html), concerning Supplier's compliance with this
provision, and (ii) ensure that in the case of a UC interim audit, its independent accountant/independent internal auditor makes available
to UC its UC Fair Wage/Fair Work work papers for the most recent verification period. Supplier agrees to provide UC with a UC Fair
Wage/Fair Work verification annually, in a form acceptable to UC, no later than ninety days after the end of the 12-month period in which
$100,000 in spend is reached.
The Fair Wage Fair Work annual independent verification requirement does not extend to contracts for professional services or consulting
for which pre -certification has been provided to UC (httr)s://www.ucor).edu/procurement-services/for-suppliers/fwfw-resources-
sum liers.html). Please see the UC Procurement/Supply Chain Management Policy BUS-43 (httDs://www.ucoD.edu/Drocurement-
services/policies-forms/business-and-finance/index.html) for the definition of professional services and consulting.
ARTICLE 26 — MEDICAL DEVICES
This Article applies when the Goods and/or Services involve UC purchasing or leasing one or more medical devices from Supplier, or when
Supplier uses one or more medical devices in providing Goods and/or Services to UC.
Medical Device as used herein will have the meaning provided by the U.S. Food and Drug Administration ("FDA") and means an instrument,
apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or
accessory which is: (i) recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them; (ii)
intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in humans
or other animals, or (iii) intended to affect the structure or any function of the body of humans or other animals, and which does not
achieve any of its primary intended purposes through chemical action within or on the body of humans or other animals and which is not
dependent upon being metabolized for the achievement of any of its primary intended purposes.
Supplier warrants that prior to UC's purchase or lease of any Medical Device or Supplier's use of any Medical Device in providing Goods
and/or Services hereunder, Supplier will: (i) perform security testing and validation for each such Goods and/or Services or Medical Device,
as applicable; (ii) perform security scans to detect malware on any software embedded within any Goods and/or Services or Medical
Device, as applicable, in order to verify that the software does not contain any known malware; (iii) conduct a vulnerability scan
encompassing all ports and fuzz testing; and (iv) provide UC with reports for (i) — (iii). Supplier warrants that any Good or Medical Device is
compliant with FDA's most current guidance or regulation for the quality system related to the cybersecurity and the Management of
Cybersecurity in Medical Devices, and that Supplier will maintain compliance with any updates to such guidance or regulations.
Throughout Supplier's performance of this Agreement, Supplier will provide UC with reasonably up-to-date patches, firmware and security
updates for any Medical Device provided to UC, and any other Medical Device used in the course of providing Services, as applicable. All
such patches and other security updates will be made available to UC within thirty (30) days of its commercial release or as otherwise
recommended by Supplier or Supplier's sub -supplier, whichever is earlier.
Supplier warrants that all software and installation media not specifically required for any Medical Device used by Supplier or Goods and/or
Services delivered to UC under this Agreement as well as files, scripts, messaging services and data will be removed from all such Goods
and/or Services or Medical Device following installation, and that all hardware ports and drivers not required for use or operation of such
Goods and/or Services or Medical Device will be disabled at time of installation. In addition, Medical Devices must be configured so that
only Supplier -approved applications will run on such Medical Devices.
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UNIVERSITY Terms and Conditions of Purchase
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Supplier agrees that UC may take any and all actions that it, in its sole discretion, deems necessary to address, mitigate and/or rectify any
real or potential security threat, and that no such action, to the extent such action does not compromise device certification, will impact,
limit, reduce or negate Supplier's warranties or any of Supplier's other obligations hereunder.
Supplier warrants that any Medical Device provided to UC, and any other Medical Device used in the course of providing such Goods and/or
Services, meet and comply with all cyber-security guidance and similar standards promulgated by the FDA and any other applicable
regulatory body.
If the Goods and/or Services entail provision or use of a Medical Device, Supplier will provide UC with a completed Manufacturer Disclosure
Statement for Medical Device Security (MDS2) form for each such Medical Device before UC is obligated to purchase or lease such Medical
Device or prior to Supplier's use of such device in its performance of Services. If Supplier provides an MDS2 form to UC concurrently with
its provision of Goods and/or Services, UC will have a reasonable period of time to review such MDS2 form, and if the MDS2 form is
unacceptable to UC, then UC in its sole discretion may return the Goods or terminate the Agreement with no further obligation to Supplier.
ARTICLE 27 — FORCE MAIEURE
Neither Party will be liable for delays due to causes beyond the Party's control (including, but not restricted to, war, civil disturbances,
earthquakes, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather).
l_1A1141ICU IkkyiI4Pki_1ZDS111.101Likl:LC41II►10
Except as to any payment due hereunder, Supplier may not assign or subcontract the Agreement without UC's written consent. In case
such consent is given, the assignee or subcontractor will be subject to all of the terms of the Agreement.
ARTICLE 29 — NO THIRD -PARTY RIGHTS
Nothing in the Agreement, express or implied, is intended to make any person or entity that is not a signer to the Agreement a third -party
beneficiary of any right created by this Agreement or by operation of law.
ARTICLE 30 —OTHER APPLICABLE LAWS
Any provision required to be included in a contract of this type by any applicable and valid federal, state or local law, ordinance, rule or
regulations will be deemed to be incorporated herein.
ARTICLE 31— NOTICES
A Party must send any notice required to be given under the Agreement by overnight delivery or by certified mail with return receipt
requested, to the other Party's representative at the address specified by such Party.
ARTICLE 32 — SEVERABILITY
If a provision of the Agreement becomes, or is determined to be, illegal, invalid, or unenforceable, that will not affect the legality, validity
or enforceability of any other provision of the Agreement or of any portion of the invalidated provision that remains legal, valid, or
enforceable.
ARTICLE 33 — WAIVER
Waiver or non -enforcement by either Party of a provision of the Agreement will not constitute a waiver or non -enforcement of any other
provision or of any subsequent breach of the same or similar provision.
/_1AIroll 4*E1WALTAiIQ10LTJ140110.
The Parties may make changes in the Goods and/or Services or otherwise amend the Agreement, but only by a writing signed by both
Parties' authorized representatives. In the event there is a Material Change to the Agreement, the parties agree to meet and confer in good
faith in order to modify the terms of the Agreement. A Material Change as used herein refers to:
Page 14 of 15
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UNIVERSITY Terms and Conditions of Purchase
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A. A change to the scope of Goods and/or Services to be provided by Supplier, as agreed to by UC;
B. A change in the Institutional Information Supplier is required to create, receive, maintain or transmit in performance of the Agreement,
such that the Protection Level Classification of such Institutional Information changes;
C. Changes in the status of the parties;
D. Changes in flow down terms from external parties; and
E. Changes in law or regulation applicable to this Agreement.
Each party shall notify the other party upon the occurrence of a Material Change.
ARTICLE 35—GOVERNING LAW AND VENUE
California law will control the Agreement and any document to which it is appended. The exclusive jurisdiction and venue for any and all
actions arising out of or brought under the Agreement is in a state court of competent jurisdiction, situated in the county in the State of
California in which the UC Location is located or, where the procurement covers more than one UC Location, the exclusive venue is Alameda
County, California.
ARTICLE 36—ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS
Supplier will make itself and its employees, subcontractors, or agents assisting Supplier in the performance of its obligations reasonably
available to UC at no cost to UC to testify as witnesses, or otherwise, in the event of investigations, or proceedings against UC, its directors,
officers, agents, or employees relating to the Goods or Services.
ARTICLE 37 — SUPPLIER TERMS
Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless UC expressly agrees
in writing to such terms.
ARTICLE 38 —SURVIVAL CLAUSE
Upon expiration or termination of the Agreement, the following provisions will survive: WARRANTIES; INTELLECTUAL PROPERTY,
COPYRIGHT, PATENTS, AND DATA RIGHTS; INDEMNITY AND LIABILITY; USE OF UC NAMES AND TRADEMARKS; LIABILITY FOR UC-FURNISHED
PROPERTY; COOPERATION; TERMS APPLICABLE TO THE FURNISHING OF GOODS; AUDIT REQUIREMENTS; PROHIBITION ON UNAUTHORIZED
USE OR DISCLOSURE OF INSTITUTIONAL INFORMATION; GOVERNING LAW AND VENUE, and, to the extent incorporated into the
Agreement, the terms of the APPENDIX —DATA SECURITY, APPENDIX—BAA, and/or APPENDIX-GDPR.
Page 15 of 15
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Attachment A — Statement of Work
This document is the template specific to UC used to prepare work at UC specific campuses
University of California (UC)
REQUEST FOR PROPOSAL#
(000289-APR2018) RFP-ElevatorMaintenance-
UCS ys tem Wid a -A pri12019
FOR
Elevator, Escalator, Chairlift and Platform Lift Maintenance &
Repair and related services.
On behalf of the University of California and OMNIA Partners
and other government agencies and non -profits
Date Issued: 04124119
Responses Due: 06/03/19@ 3pm PST
It is the Contractor's responsibility to read the entire document, any addenda, and to comply with
all requirements listed herein. Any addenda to this Request for Proposal will be directed to all
participating Contractors. It is the Contractor's responsibility to watch their e-mail for any
addenda, notices, or changes to the RFP or process.
Issued by: The Regents of the University of California
Adrian Ferreira, Interim Associate Director
Strategic Sourcing - Facilities & Maintenance
University of California Office of the President
7835 Trade Street, San Diego, CA, 92121
Proposal RFP-ElevatorMaintenance-UCSystemWide-April20l9
ELEVATOR MAINTENANCE & REPAIR AND RELATED SERVICES
RFP Number (000289-APR2018) RFP-ElevatorMaintenance-UCSystemWide-
Apri 12019
RFP Title ELEVATOR MAINTENANCE & REPAIR AND RELATED SERVICES
RFP Start Date April 24, 2019 3:00 PM PST
RFP End Date June 03, 2019 3:00 PM PST
Question & Answer End Date May 27, 2019 3:00 PM PST
RFP Contact Adrian Ferreira
Interim Associate Director— Facilities & Maintenance
University of California Office of the President
Adrian. Ferreira@ucop.edu
Vendor Web Conference May 03, 2019 2:00:00 PM PST
Attendance is non -mandatory
Location: NON -MANDATORY VENDOR WEB CONFERENCE VIA
WEB CONFERECE USING ZOOM APPLICATION.
Web Conference Meeting Link: httr)s://UCOP.zoom.us/i/887466257
Dial In option US: +1 669 900 6833 Meeting ID: 887 466 257
Link and number are available during time of Vendor Conference.
If an Offeror is unable to attend the pre -proposal conference,
recording of presentation will be attached to CalUsource system
upon completion.
Campus Walkthrough
Attendance is non -mandatory
Starting week of April 29, 2019 (Northern California)
Week of May 6, 2019 (Southern California)
Refer to ATTACHMENT C — Campus Walkthrough Schedule
2
Table of Contents
A.
Purpose........................................................................................................................4
B.
Objective......................................................................................................................4
C.
Intent............................................................................................................................5
D.
National Contract for UC Contracts...........................................................................
5
E.
General.........................................................................................................................6
F.
Equipment, Wiring and Circuit Changes.................................................................
12
G.
Maintenance Service.................................................................................................
13
H.
Maintenance Service Records..................................................................................
14
I.
Maintenance Responsibility......................................................................................
14
J.
Work Hours................................................................................................................
15
K.
Reporting Requirements...........................................................................................
15
L.
Spare Parts................................................................................................................
15
M.
Overtime.....................................................................................................................
16
N.
Safety and Inspection................................................................................................16
O.
Firemen's Recall Service..........................................................................................
18
P.
Drawing and Wiring Diagrams..................................................................................
18
Q.
Items of Preventative Maintenance Work................................................................
18
R.
Scope of Services......................................................................................................22
S.
Background................................................................................................................23
T.
Inquiries.....................................................................................................................23
U.
Contractor Web Conference (NON -MANDATORY) ..................................................
23
V.
Campus Walkthrough Schedule (NON-MANDATORY)............................................23
W.
Minimum (general) criteria to be determined "Responsive"..................................24
X.
Minimum (general) criteria to be determined "Responsible" .................................
24
Y.
Projected Timetable...................................................................................................24
Z.
Employee Background Check............................................................................................25
AA.
Functional Requirements...................................................................................................25
BB.
Elevator List of Equipment.................................................................................................25
CC.
GENERAL REQUIREMENTS...............................................................................................
26
DD.
Contractor Personnel Requirements.................................................................................
28
EE.
Contractor Personnel Requirements.................................................................................
29
Attachments
■
Attachment A — Elevator Equipment List
■
Attachment B — Campus Matrix
■
Attachment C — Campus Walkthrough Schedule
■
Attachment D — Elevator Component Evaluation
■
Attachment E — Maintenance vs. Construction
Exhibits
•
Omnia Partners - Exhibit A — Response to National Cooperative Contract
•
Omnia Partners - Exhibit B — Administration Agreement
•
Omnia Partners - Exhibit C— Master Intergovernmental Cooperative Purchasing Agreement
•
Omnia Partners - Exhibit D — Principal Procurement Agency Certificate
•
Omnia Partners - Exhibit E — Contract Sales Reporting Template
•
Omnia Partners - Exhibit F — Federal Funds Certification Form
•
Omnia Partners - Exhibit G — New Jersey Compliance Form
Omnia
Partners - Exhibit H — OMNIA Partners Advertising Compliance Requirement List
3
Request for Proposals
RFP Title:
Elevator Maintenance and Repair and Related Services
Introduction/Overview
A. Purpose
The University of California ("UC") is requesting proposals from qualified firms for the
purchase of the following products and services in the 3 modules below:
MODULE 1: Elevator Maintenance & Related Services
i. Capability to provide service to the following conveyances, but not limited
to, elevator, escalator, chairlift and platform lift.
ii. Capability to provide as needed to full service based on varied needs by
each UC Campus location.
iii. Ensures consistent performance standards are applied throughout UC.
iv. Reduces elevator, escalator, chairlift and platform lift response time and
repair turn -over.
V. Standardizes elevator, escalator, chairlift and platform lift maintenance
procedures, processes and reporting.
vi. Assists UC in establishing prioritization schedules for repair and
maintenance.
vii. Maintenance, service, repair and replacement of materials and equipment
in elevator, escalator, chairlift and platform lifts of a similar manufacturer
and control system as those covered by this contract.
viii. Capability to modernize existing elevator conveyances.
2. MODULE 2: Non -Proprietary Controls Manufacture
i. Elevator control system shall be non-proprietary
ii. Elevator control system shall not require any external Proprietary service
tool
iii. Elevator control system shall be serviceable and maintainable by any
qualified elevator maintenance provider capable of maintaining apparatus
of similar design and complexity
3. MODULE 3: Conveyance Audit Services
i. Capability to evaluate, elevator maintenance audit to a maintenance
condition assessment, a performance and equipment evaluation, survey,
or even a preventative service audit, elevator state, or asset management
review.
B. Objective
1. Provide a comprehensive competitively solicited Master Agreement offering
products and services to UC and Participating Public Agencies
2. Establish a Master Agreement with a Five (5) year contract(s) with options for
Five (5) one-year extensions for the selected Contractor(s).
3. Achieve cost savings for Contractors and Participating Public Agencies through a
competitive solicitation process that eliminates the need for multiple proposals.
4
4. Provide Participating Public Agencies with environmentally responsible products
and services.
5. The goal of the RFP is to establish a national contract(s). If Contractors are
unable to propose a national program due to conflicts with legal obligations or
coverage area, Contractor may indicate so and propose a regional or direct
solution. UC will evaluate responses in their entirety and determine award based
on the most advantageous.
C. Intent
1. Respondent(s) shall have a strong national presence for Conveyance
maintenance/repair goods and services, or non-proprietary controls
manufacture, or conveyance audit services for use by UC and various public
entities nationwide.
2. Respondent(s) are required to answer general question and also ONLY respond
to one (1) module. Intent is to have at minimum 3 awards (1 per module).
i. The following categories are required to be completed by all and
considered general questions:
1. Company Profile
2. National Program
3. Sustainability
4. Value Add
3. UC is seeking qualified candidates with the capability to provide services to all 10
UC campus locations at minimum, with potential capability to have national
representation.
4. UC reserves the right to award in whole or in part, by item or group of items, by
section or geographic area, or make multiple awards, where such action serves
UC best interest.
D. National Contract for UC Contracts
The University of California, as the Principal Procurement Agency, defined in Exhibit
A, has partnered with OMNIA Partners to make the resultant contract (also known as
the "Master Agreement" in materials distributed by OMNIA Partners) from this
solicitation available to other public agencies nationally, including state and local
governmental entities, public and private primary, secondary and higher education
entities, non-profit entities, and agencies for the public benefit ("Public Agencies"),
through OMNIA Partners' cooperative purchasing program. The UC is acting as the
contracting agency for any other Public Agency that elects to utilize the resulting
Master Agreement. Use of the Master Agreement by any Public Agency is preceded
by their registration with OMNIA Partners (a "Participating Public Agency"). Exhibits A
through H contain additional information about OMNIA Partners and the cooperative
purchasing agreement.
OMNIA Partners is the largest and most experienced purchasing organization for
public and private sector procurement. Through the economies of scale created by
OMNIA Partners public sector subsidiaries, National IPA and U.S. Communities, our
participants now have access to more competitively solicited and publicly awarded
5
cooperative agreements. The lead agency contracting process continues to be the
foundation on which we are founded. OMNIA Partners is proud to offer more value
and resources to state and local government, higher education, K-12 education and
non -profits.
OMNIA Partners provides shared services and supply chain optimization to
government, education and the private sector. As a channel partner with Vizient
(formally, Novation), OMNIA Partners leverages over $100 billion in annual supply
spend to command the best prices for products and services. With corporate, pricing
and sales commitments from the Contractor, OMNIA Partners provides marketing and
administrative support for the Contractor that directly promotes the Contractor's
products and services to Participating Public Agencies though multiple channels,
each designed to promote specific products and services to Public Agencies on a
national basis. Public Agencies benefit from pricing based on aggregate spend and
the convenience of a contract that has already been advertised and publicly
competed. The Contractor benefits from a contract that allows Participating Public
Agencies to directly purchase goods and services without the Contractor's need to
respond to additional competitive solicitations. As such, the Contractor must be able
to accommodate a nationwide demand for services and to fulfill obligations as a
nationwide Contractor and respond to the OMNIA Partners documents Exhibit A, B, F,
and G. The UC, as the Principal Procurement Agency, has partnered with the OMNIA
Partners (herein OMNIA) to make the resultant contract from this solicitation available to
qualified Participating Public Agencies nationwide. OMNIA provides marketing and
administrative support for the Supplier (herein also referred to as Contractor or
Consultant) that directly promotes the Supplier's products and services to
Participating Public Agencies through multiple channels, each designed to promote
specific products and services to public agencies on a national basis. As such, the
Supplier must be able to accommodate a nationwide demand for services and to fulfill
obligations as a nationwide Supplier as stated in Exhibit A.
Estimated Volume
The UC anticipates spending approximately $8 million annually on as
needed and full -service elevator, escalator, chairlift and platform lift,
maintenance program. The overall dollar volume of supplies purchased
under the contract is estimated to be $80 million annually. While no
minimum volume is guaranteed, the estimated annual volume is
projected based on the current annual volumes among the UC, other
government agencies that intend to utilize the resulting contract to be
made available to them through OMNIA Partners, and volume growth into
other agencies through a coordinated marketing approach between the
Contractor and OMNIA Partners.
As outlined in Exhibit A, the awarded supplier(s) are required to pay an
administrative fee.
E. General
All Suppliers are required to complete the following four (4) Questionnaire sections in
the CalUsource solicitation tool in the RFP event. All Offeror(s) are required to
complete the Questionnaire section outlined below and ONLY one (1) module.
I3-9
1. Questionnaire:
a. Company Profile
b. Sustainability
c. National Program
d. Value Add
MODULE 1: Elevator Maintenance & Related Services - The evaluation of an
elevator, escalator, chairlift and platform lift maintenance program shall be evaluated
in terms of a Full -Service Maintenance to include a Preventative Maintenance
Program. Offerors will be required to propose on a Full -Service Maintenance Program
to encompass Preventative Maintenance.
The Offeror(s) responding to MODULE 1 must complete the three (3) Price Sheets
in solicitation named: Hourly Rates by Campus Location, Monthly/Annual Rates, and
Material Discount/Rate.
• Elevator Modernization:
o Scope is defined as "Partial In -Kind Replacement" as outlined in
Attachment D — Elevator Component Evaluation.
o Modernization Restrictions:
■ No new construction
■ Components <50% of the replacement cost of the system
■ Purchase within the minor cap limit of $750K.
■ UC Construction or Maintenance is defined in Attachment E —
Maintenance or Construction.
MODULE 2: Non-Proarietary Controls Manufacture — Objective is to find qualified
manufactures with the capability to supply non-proprietary controls to UC and also
have capability to delivery products and provide support nationally.
The Offeror(s) responding to MODULE 2 must complete all questions in Module 2
Questionnaire.
MODULE 3: Convevance Audit Services — Seeking a qualified firm to conduct
varied types of Audits associated to conveyances.
The Offeror(s) responding to MODULE 3 must complete all questions in Module 3
Questionnaire.
Upon award each UC campus location will provide awardee(s) with detailed scope
and services needed. Please note each UC campus location manages services
differently. In some of the locations Elevator Maintenance Services is managed by in-
house staff, while others contract all services out.
The information below will be used for evaluation purposes:
Full Service and Preventative Maintenance for Attachment A — Elevator
Equipment List.
7
FULL SERVICE ELEVATOR, ESCALATOR, CHAIRLIFT AND PLATFORM LIFT
MAINTENANCE AND REPAIR PROGRAM REQUIREMENTS
The intent of the Full Service Elevator, escalator, chairlift and platform lift,
maintenance program is for the Contractor to assume all responsibility associated
with the elevator, escalator, chairlift and platform lift, equipment and associated parts
as specified herein, with the exception of those stated items that have been excluded
as referenced in this RFP. The work to be performed by the elevator, escalator,
chairlift and platform lift Contractor under the specifications shall consist of furnishing
all material, labor, supervision, tools, supplies, and other expenses necessary to
provide full service maintenance, and repairs of every description, including
inspections, adjustments, test and replacement of parts as herein specified for all
equipment covered under this RFP.
The work to be performed by the elevator, escalator, chairlift and platform lift
Contractor under the specifications shall consist of furnishing all material, labor,
supervision, tools, supplies, and other expenses necessary to provide full service and
preventative maintenance services, and repairs of every description, including
inspections, adjustments, test and replacement of parts as herein specified for all
equipment covered under this RFP, as listed.
The Contractor shall systematically examine, adjust, lubricate, clean and when
conditions warrant, repair or replace the following items and components thereof and
all other mechanical or electrical equipment, including, but not necessarily limited to
the following:
ELEVATORS:
• Entire machine, include housing, drive sheave, drive sheave shaft bearings,
brake and assembly and component parts.
• Hoist motor and motor generator including auxiliary rotating systems, motor
windings, rotating elements, commentators and bearings, field windings.
• All sheaves.
• Controller: All components including all relays, contracts, solid state component
resistors, condensers, transformers, contacts, leads, mechanical or electrical
timing devices, computer devices.
• Selector: All components including selector drive tape, wire or cable, hoist way
vanes, magnets, inductors and all other mechanical and electrical drive
components.
• Motor, and motor generators brush and brush holders.
• Hoistway door interlocks or locks and contacts: hoistway door hangers and
tracks, bottom door jibs, cams, rollers, and auxiliary door closing devices for
power -operated doors. Chains, tracks, cams, interlocks, sheaves for vertical bi-
parting doors. All thrust rollers, (Eccentrics) broken arm closer assembly, retiring
arm assemblies complete.
1.1
• Hoistway limit switches, slowdown switches, leveling switches and associated
cams and vanes.
• Guide shoes including rollers or jib type assemblies complete.
• Automatic power operated door operators, door protective devices, car hangers,
tracks and car door contacts for both side slide and vertical bi-parting doors,
photo eyes.
• Traveling cables.
• Elevator control wiring in hoist way and machine room.
• Governor including governor sheave and shaft assembly bearings, contact jaw
and governor tension assemblies.
• Car and counterweight safety mechanism and load weighting equipment.
• Hoist cables, governor cables, compensating cables and compensating chains,
including the adjustment and shorting of same as required by Code.
• Buffers, oil or spring type.
• Fixture contacts, push buttons, key switches and locks and lamps and sockets of
button stations (car and hall), hall lanterns, position indicators (car and hall),
direction indicators.
• The Contractor shall keep the guide rails free of rust where roller guides are
used and properly lubricated when sliding guides are used. Renew guide shoe
rollers and jibs as required to insure smooth and satisfactory operation.
• The Contractor shall also examine and make necessary adjustment or repair to
the following accessory equipment including revamping of signal equipment: hall
lanterns car and corridor position indicators, car stations, traffic direction station,
electric door operators, intercom system, interlocks, door hangers, safety edges,
LED.
• All replacement parts shall be new and specifically designed for the elevator on
which they are to be used.
• The Contractor shall furnish and use lubricants as recommended by the
manufacturer of the equipment or approved equal.
• The Contractor shall be responsible for keeping the exterior of the elevator,
machinery and other parts of the equipment subject to rust, painted with heat
resistant enamel and presentable at all times. The motor windings shall be
treated as needed with proper insulating compound as recommended by the
motor manufacturer. Cleaning and re -finishing of the interior of the cars and
exterior of hoist way door frames are excluded from this contract.
• The Contractor shall maintain all elevator equipment in hoistways, pits, machine
rooms, and assigned elevator. Contractor work space in a clean, orderly
P7
condition, free of dirt, dust and debris; pits and machine spaces shall be kept dry
and clean.
ESCALATORS:
The Contractor shall regularly and systematically examine, adjust, lubricate,
clean internal truss structures (as required), maintain all accessory equipment,
and if conditions warrant, repair or repelace the following escalator components:
escalator power unit, controller parts, electrical switches, wiring, bearing,
governors and brakes, step and chain wheels, chains and sprockets, steps and
step treads, comb plates, safety device handrails.
CHAIRLIFTS AND PLATFORM LIFTS:
• The Contractor shall peform regular inspections to address the following: ride
access by passengers, maintenance and operational staff; safety during the ride;
fundamental mechanical and electrical safety; fire safety; noise.
• The Contractor shall perform the following inspection activities: commissioning
inspection including load test runs; formal pre -season inspection; daily and
periodic maintenance inpsections; annual inspection; periodic major inspection of
critical components; designer and manufacturer stipulated inspections; ancillary
equipment inspections.
• The Contractor shall inspect the platform and control panel, lock bolts for
tightness, the foot switch for proper operation, switches which should be in
neutral, signs and labels and instructions for legibibility, safety latches, toe
boards, railings and guards to ensure they are in good condition and working
properly.
• The Contractor shall inspect, and when conditions warrant, replace the following
for the boom or lift:
a. the jib and main boom assembly or scissors lift to ensure pins and
pivot points are in good condition, properly attached and locked,
and show no signs of bending, pinching or wearing
b. lubrication points for signs of lubrication; dry or dirty lube fittings
might mean the lube points have not been used
C. the control valves for leaks, loose hoses, frayed wires or damaged
insulation, making sure support brackets are in place and tight.
• The Contractor shall inspect, and when conditions warrant, replace the following
for the frame:
a. the four-wheel assemblies for tire condition and proper inflation
b. the drive hub and brakes for signs of brake fluid leakage, caked dirt,
lack of lubrication and missing or loose lug nuts, and any fluids used
or removed by Contractor will be disposed or removed properly by
Contractor.
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C. the steering cylinders, tie rods and steering linkage for wear and
proper fluid levels and lubrication.
• The Contractor shall inspect, and when conditions warrant, replace the following
for the turntable:
a. drive -train components — pump, drive motor, brake and control
valve, connecting hydraulic hose, and fittings — for signs of
hydraulic -fluid leaks visible at connections
b. pumps or control valves for low pressure under loads caused by
wear
C. pressure plates for cracks due to overloading; signs of cracks
should trigger a more detailed inspection of all lift components for
signs of strain, such as leaks, bent or scored mechanical linkages
or cable fatigue.
d. turntable drive and support bolts
e. turntable bearing and gear mechanism for proper lubrication and
smooth rotation; hesitation might indicate bearing wear or damage.
• The Contractor shall inspect, and when conditions warrant, replace the following
electrical components:
a. engine filter
b. battery -fluid level
C. oil level
d. muffler and exhaust system for leaks or loose brackets
e. hydraulic pump, medium -pressure filter housing and swivel for
leakage or damage
f. horizontal cutoff limit switch to make sure it is free of dirt and the
arm is straight, clean, and free to move, if applicable
g. hoses and wires to look for leaks, wear or damage
h. doors and latches for lubrication and proper operation.
• The Contractor shall inspect, and when conditions warrant, replace the following
accessories:
a. manual descent for wear or damage indicated by leakage, dents or
scoring of the cylinder
b. return filters for obstructions or leaks
C. LP gas tank, if appropriate, to ensure it is well anchored and all
clamps and bolts are tight
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d. hydraulic fluid level in the reservoir by removing the cap, checking
the oil level and replacing the cap
e. magnetic plug, if appropriate, to check for iron filings indicating
metal scoring is occurring in the system; checks should be done
when the system is shut down, lowered for storage, and the oil is
cold.
ground -control switches to ensure all operational labels and warning
signs are legible.
GENERAL
The Contractor shall not be responsible (unless directed by UC in which costs
shall be incurred by the User Agency) for upgrading the equipment to meet
changes in code requirements as may be recommended and/or directed by
insurance companies, Federal, State, Municipal or other Governmental
authorities. Should a full replacement of an elevator, escalator, chair lift and/or
platform lift be required, Purchasing may facilitate a RFP process. The
successful Proposer may be responsible for the maintenace of the elevator,
esclator, chair lift and/or platform list and its associated equipment and parts in
accordance with the manufacturer's warranty (typically one (1) year). At the
conclusion of the warranty period, in accordance to the contents of this RFP, the
full service maintenance contractor shall resume all maintenance activities
associated with the maintaining the replaced elevator, escalator, chair lift and/or
platform lift.
The Contractor shall be responsible for giving immediate notice to the
designated Agency Representative of any condition, which he discovers, that
may present a hazard to either the equipment or passengers.
• The Contractor shall not be required by this agreement, except as herein noted,
to make renewals or repairs necessitated by proven negligence or misuse of the
equipment by persons other than the Contractor, his representatives and
employees, or by reason of any other proven cause except for normal wear and
tear, beyond the control of the Contractor.
Examples of these are the following:
Refinishing, repairing or replacing car enclosures, hoistway, enclosure, hoistway
door panels, frames, and sills, and all power supply panels and feeders. Cost of
repairs, replacements or removal necessitated by any cause, other than ordinary
wear, which is occasioned by negligence shall be determined by General
Services and the Agency Representative.
Any repairs that are not the Contractor's responsibility will be paid at the labor
rates on the Proposal Form. All material required for the above mentioned
repairs will be paid on either a time and material or not -to exceed basis as
defined in the Offeror's proposal. The Contractor will be paid only for repairs
actually required.
F. Equipment, Wiring and Circuit Changes
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The Contractor shall not make any changes or alterations to the existing mechanical
equipment, circuit wiring or sequencing, nor alter the original circuit or wiring design of
the elevator, escalator, chairlift and platform lifts unless changes are authorized, in
writing, by the agency designated representative for approval. This submission shall
include neatly prepared drawings and wiring diagrams as well as a complete
description of the proposed change. Prior to submitting the proposed change to the
agency, the Contractor shall, at its own cost and expense, have obtained comments
from the original equipment manufacturer concerning the overall effect of such
changes on the system. If changes are made, Contractor shall provide as -built
drawings of modifications.
G. Maintenance Service
Maintenance under this contract shall provide a constant, high quality service to
properly protect all elevator, escalator, chairlift and platform lift, escalator, chairlift and
platform lift equipment from deterioration and to provide constant peak performance of
all elevator, escalator, chairlift and platform lifts, escalators, chairlifts and platform lifts,
resulting in a minimum of down time for any portion of the system.
Not more than one elevator, escalator, chairlift and platform lift per facility shall be out
of service at one time for regular maintenance lubrication and servicing. The time of
day that each elevator, escalator, chairlift and platform lift can be shut down for routine
maintenance shall be scheduled with the designated Agency Representative to
minimize the disruption caused by the elevator, escalator, chairlift and platform lifts
being out of service. If for any reason an elevator, escalator, chairlift and platform lift
should be out of service for more than two (2) hours, the Contractor shall notify the
Agency Representative when the elevator, escalator, chairlift and platform lift was
taken out of service, the reason why and what time the elevator, escalator, chairlift and
platform lift is expected to be put back in service for proper and safe operation. The
following schedule will be considered maximum shut down times allowed (times below
can be modified by individual UC or Participating Entity):
1. Major Repairs (include but not necessarily limited to the following);
• Cable -hoist, governor, compensating and tail ropes. Completion of the work
should be within four (4) working days after replacement cables are received.
• Brake Coils and motor field coils — five (5) working days.
• Rewind motor or MG ser armature — eight (8) working days.
• Turn down and undercut machine commutator — three (3) working days.
• Governor repair — two (2) working days.
• Replace motor bearings- four (4) working days.
2. Minor Repairs (include but not necessarily limited to the following):
Completion within twenty-four (24) hours
• Replace relay coils.
• Replace relays.
• Replays door interlocks.
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• Replace door jibs.
• Door operator repairs.
• Repair selector drive tape.
3. Minor Repairs (include but not necessarily limited to the following):
Completion within two (2) working days
• Replace door operator motor.
• Replace selector drives motor.
• Replace brake linings.
• When an elevator, escalator, chairlift and platform lift is shut down, a laminated
sign shall be placed at each opening (where applicable) stating: "This elevator,
escalator, chairlift and platform lift is being serviced. Please use Elevator,
escalator, chairlift and platform lift No.". A record shall be maintained by the
Contractor of non -emergency maintenance items in need of correction which
come to his attention, and he shall provide this list to the designated Agency
Representative for necessary corrective action during the Contractor's routine
visits.
H. Maintenance Service Records
The Contractor shall provide and keep current suitable electronic check charts for each
elevator, escalator, chairlift and platform lift. Upon completion of maintenance, the
Contractor is to furnish an electronic report including check charts and log of arrival
and departure times of the Contractor's employees according the standard as set forth.
The electronic log shall contain column lines for date entry and column lines for
description/extent of work performed.
The Contractor shall maintain an electronic log of all call back records. On a semi-
annual basis, the Contractor shall submit an electronic copy to the user agency in the
form of a line graph that show the trend in callbacks.
Maintenance Responsibility
The Contractor shall keep the elevator, escalator, chairlift and platform lift maintained
to operate at the original contract speed, keeping the original performance time,
including acceleration and retardation as designed and installed by the manufacturer.
The door operation shall be adjusted as required to maintain optimum door opening
and door closing times, within legal limits.
General Services and the User Agency Representative reserves the right to make
inspections and tests when deemed advisable. If it is found that the elevator, escalator,
chairlift and platform lifts and associated equipment are deficient either electrically or
mechanically, the Contractor will be notified of these deficiencies in writing, and, if no
life threatening situation exists, it shall be his responsibility to make the necessary
corrections within thirty (30) days after his receipt of such notice. In the event of a life -
threatening situation, the Contractor must make the necessary repairs immediately. In
the event that the deficiencies have not been corrected within thirty (30) days, or
immediately as the case may be, the user Agency may terminate and employ a
contractor to make the corrections at the original Offeror's expense.
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During any contract year a company designated by the User Agency or his
representative will perform maintenance and safety inspections. The maintenance
contractor shall accompany this inspector for both inspections of all elevator, escalator,
chairlift and platform lifts covered under this contract. At the conclusion of this
inspection, the user Agency Representative shall give the contractor written notice via
an electronic document of any deficiencies found. The Contractor shall be responsible
for the correction of these deficiencies in accordance with the above paragraph.
J. Work Hours
The maintenance work to be performed under these specifications shall be performed
during the normal working hours of 6:OOam to 6:OOpm, Monday through Friday, UC
or participant holidays excepted. Offeror shall submit with its response, and update
annually, together with supporting documentation, a statement of the hourly rates paid
to its technicians/mechanics for "normal hours" work, which term shall mean the hours
stated. The Contractor shall also state what constitutes "time and one-half" as opposed
to double time.
The Contractor shall provide emergency call back service for all elevator, escalator,
chairlift and platform lifts under which the Contractor agrees to have an electronic
workman report to the site of the emergency within time proposed in Price Sheet —
Hourly Rates by Campus Location for such service by telephone or otherwise from
the Agency Representative. This emergency callback service shall be limited to minor
adjustments or repairs to provide uninterrupted elevator, escalator, chairlift and
platform lift services. Emergency callback service shall be performed as part of this
Contract without additional charge, during normal hours. The Contractor shall provide
names and telephone numbers of the persons to be contacted.
Should a callback occur during other than normal working hours necessitating the
payment by this Contractor of premium or overtime wages, this Contractor shall be
responsible for the basic hourly rate paid, but the agency will, upon receipt of properly
documented bills, pay the actual amount of the premium portion of the wage.
K. Reporting Requirements
The Contractor shall maintain a complete electronic record (by elevator, escalator,
chairlift and platform lift) of all emergency callback, replacement, and repair work
performed. This information shall be consolidated by the Contractor into an electronic
monthly report to the Agency Representative. This monthly report shall indicate the
elevator, escalator, chairlift and platform lift number, date work was performed, type of
work (callback, replacement or repair), brief description of the work performed, man-
hours expended and materials used.
L. Spare Parts
In addition to the minor spare parts specified, the Contractor shall have available at all
times, for immediate delivery and installation, sufficient supply of the following
emergency spare parts for the repair of each elevator, escalator, chairlift and platform
lift system concerned. The inventory shall include, but not necessarily be limited to the
following:
• Lamps, minimum two each type.
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• Door operator motors and gear reduction units, for both sides slide and vertical
bi-parting doors.
• Transformers and rectifiers for each type and size used.
• Relays and switches, minimum one of each type.
• Controller and selector motor (when used), leveling switches, magnets and
inductors.
• Selector tapes and selector motor (when used), leveling switches, magnets and
inductors.
• Door interlocks.
• Car door safety edges complete each type.
• Car door photoelectric safety device.
• Car door electric door detectors complete to include preamplifiers and power
pack.
• Hang rollers for both car and hall doors.
• Limit switches and terminal stopping switches.
• Roller guides for car.
• Electronic tubes for each type and size used.
• Flexible guide shoe jibs.
• Torque wrenches and other small tools.
The Contractor shall provide at the building a spare parts metal storage cabinet and
metal containers for storage of waste and other flammable materials.
M. Overtime
During the term of the Contract the Agency Representative may authorize the
Contractor to use overtime in order to expedite major repairs. This authorization will be
granted in those instances where the agency has made a determination that such
action is in the overall best interest of the UC. When this authority is granted, the
Contractor shall pay employees their usual overtime -hour rate, and UC will issue
payment based on the difference between the normal work hours hourly rate and the
overtime -hourly rate.
N. Safety and Inspection
All service and repair work shall be performed in compliance with the American Society
of Mechanical Engineers Code ASME A17.1-1193, or most current version, and shall
be subject to safety inspection by the Agency Representative. Periodic inspection of
the elevator, escalator, chairlift and platform lifts as required by the ASME A17.1 Code
should provide personnel who are familiar with the equipment to perform the test. The
Contractor shall periodically examine and test all safety devices. He shall make formal
safety tests and inspections as required and outlined in the ASME A17.1 Code. The
tests shall be conducted in the presence of the elevator, escalator, chairlift and
platform lift inspector designated by the State of California. Tests shall be performed at
intervals specified in the ASME Code. It will be the responsibility of the Contractor to
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determine when these tests are due. After completion of the required safety tests, the
Contractor must submit electronically a document to the Agency Representative
indicating at least the following information. The document may be the Contractor's
standard form or the ASME Standard Form:
• Type of test.
• Name of organization performing the test.
• Address of the facility being tested.
• Elevator, escalator, chairlift and platform lift identification number.
• Capacity.
• Speed.
• Type of Elevator, escalator, chairlift and platform lift.
• Type of Machine.
• Indication that governor has been checked for proper tripping speed and that the
over speed switch is functional.
• Type, size and condition of governor type before and after test.
• Load at which safety was tested.
• Speed at which governor tripped.
• Length of marks on each guide rail made by safety laws.
• Number of turns remaining on drum.
• Did car or counterweight set level?
• Did governor set satisfactorily?
• Was governor calibrated? At what speed?
• Was safety test satisfactory?
• At what speed and load were buffers tested?
• Was oil level satisfactory after test?
• Indicate plunger compression return time.
• Indicate date test was made.
• Signature of individual performing tests.
• Any additional remarks that are applicable.
• Name of the State of California and/or UC representative witnessing the test.
After tests have been performed, all safety devices shall be checked and adjusted
as required to meet manufacturer's recommendations. Elevators, escalators,
chairlifts and platform lifts shall not be placed in service until all tests, checks and
adjustments are complete and elevator, escalator, chairlift and platform lifts are in
proper working condition. The Contractor shall not be held responsible for any
damage to the building and equipment caused by the test, unless such damage is a
result of negligience. Failure to follow correct procedures to prevent damage and
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failure to perform pretest examinations shall be considered negligence by the
Contractor.
O. Firemen's Recall Service
The following ASME Code A17.2-93 Rule 1260.7 tests must be made monthly:
Phase 1 — EMERGENCY RECALL OPERATION:
Initiated by inserting key in key switch lobby or designated level. Turn key to "ON"
position. Wait for all elevators to return to that floor and their doors to full open. If test
is for Phase I only, turn key to "OFF" position and remove.
Phase 2 — EMERGENCY IN CAR OPERATION:
Remove key from designated level key switch while still in the "ON" position. Insert key
into key switch of the first elevator. Turn to "ON" position. Push next floors car button.
Push "Door Open" button and hold until doors are fully opened. To return to designated
level, push corresponding button number. Push "Door Close" button and hold until
doors are fully closed. Return key to the "OFF" postion, remove key, and repeat for
next elevator.
CLEAR: to clear firemans' recall test, insert key into designated level key switch. Turn
to "OFF" position and remove key.
P. Drawing and Wiring Diagrams
The Contractor shall be solely responsible to determine which technical materials are
required and to inform the agency thereof. The agency shall make available to the
Contractor any and all such technical materials already at its disposal and all Offerors
may examine it an any reasonable time before RFP opening upon making
arrangements with the agency. Such examination by Offerors shall take place at the
job site only. It is the Offeror's sole responsibility to determine the accuracy and
completeness of any and all such technical materials made available for such
examination by the agency since the agency does not warrant and accepts no
responsibility for the accuracy and completeness of any and all such technical
materials or their lack thereof. The Contractor shall be required to advise the agency of
the need for any such materials and the Contractor shall be required to procure any
such needed materials which are not otherwise available at its sole cost and expense.
At the expiration of the contract, covering each and all related equipment covered by
such contract, all such technical materials shall faithfully represent the then current "as
modified" condition of all UC's equipment which is covered by such contractor.
Any and all drawings and wiring diagrams furnished to the Contractor by UC or a non-
UC agency or drawings and wiring diagrams prepared by the Contractor for work under
the Contract shall be considered the property of UC and shall be accessible to the
Agency Representative at all times, and be turned over to them when requested. The
user agency reserves the right to withhold payment if these drawings and wiring
diagrams are not released to them upon demand.
Q. Items of Preventative Maintenance Work
The preventative maintenance specified herein is considered the minimum, but can be
modified in writing by each UC Campus Location or Participating Entity, for all
equipment. If specific equipment covered by this Contract requires additional
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preventative maintenance for safe, reliable operation, as specified by the
manufacturer, the Contractor shall perform the required additional preventative
maintenance without added cost to LIC or participating agency.
Weekly
• Perform general inspection of machinery, sheaves, worm an gear motor, brake,
selector of floor controllers (when used). Lubricate as required.
• Empty drip pans, discard oil in an approved manner and check reservoir oil level.
• Observe brake operation and adjust or repair if required.
• Inspect and lubricate machinery, contacts, linkage and gearing.
• Clean and inspect brushes and commutator, perform needed repairs.
• Clean and inspect controllers, selectors, relays, connectors, contacts, etc.
• Ride car and observe operation of doors, leveling, re -opening devices, push
buttons, lights, etc.
• If rails are lubricated, check conditions and lubrication Service lubricators.
• Replace all burned out lamps in elevator, escalator, chairlift and platform lift cars,
machine room, pit, hall lanterns, etc.
• Remove litter, dust, oil, etc. from all machine room equipment.
• Clean trash from pit and empty drip pans.
• Check condition of car switchhandle, replace emergency release glass if
required.
• Check governor and tape tension sheave lubrication.
Replacements for burned out lamps in all lanterns, push buttons, car and corridor
position indicators, director stations, "this car up" signs and other signal fixtures shall
be supplied and installed by the Contractor. Replacement for burned out lamps in
elevator cars, machine rooms and pits shall be supplied by the facility and installed
by the Contractor.
Monthly
• Observe operation of elevator, escalator, chairlift and platform lift throughout its
full range of all floors it serves to test controls, safety devices, leveling, relieving
and other devices.
• Check door operation, clean, lubricate and adjust brakes, checks linkages,
gears, wiring motors, check keys, set screw, contacts, chains, cams and door
closer.
• Check selector. Clean, adjust and lubricate brushes, dashpots, traveling cables,
chain, pawl magnets, wiring, contracts, relays, tape drive and broken tape
switch.
• Check car. Clean, adjust and lubricate car door and gate tracks, pivots, hangers,
car grill, side and top exits.
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• Inspect interior of cab. Test telephone or intercommunication system, normal
and emergency lights, fan, emergency call system or alarm, car station. Make
needed repairs.
• Visually inspect controller, contacts and relays. Check adjustment and replace
contacts as required.
• Observe operation of signal dispatching system. Inspect compensating hitches,
buffers, rope clamps, slack cable switch, couplings, keyways and pulleys. Check
load weighting device and dispatching time settings. Clean, adjust and lubricate
as necessary.
• Check oil level in car and counterweight oil buffers and add oil as required.
• Check brushes and commentators. Inspect commentators for finish, grooving,
eccentricity and mica level. If required, clean, turn or refinish commutator to
provide proper commutation. Inspect brushes for tension seating and wear,
replace or adjust as required.
• Check and adjust:
1. Car ventilation system.
2. Car position indicators.
3. Direction stations.
4. Hall and car buttons.
5. Hall lanterns.
6. This car up signs.
• For escalators, regularly and systematically examine, adjust, lubricate, clean
internal truss structures (as required), maintain all accessory equipment, and if
conditions warrant, repair or repelace the following escalator components:
escalator power unit, controller parts, electrical switches, wiring, bearing,
governors and brakes, step and chain wheels, chains and sprockets, steps and
step treads, comb plates, safety device handrails.
• For chairlifts and platform lifts, peform regular inspections to address the
following: ride access by passengers, maintenance and operational staff, safety
during the ride, fundamental mechanical and electrical safety, fire safety and
noise.
• For chairlifts and platform lifts, perform the following inspection activities:
commissioning inspection including load test runs, formal pre -season inspection,
daily and perioding maintenance inpsections, annual inspection, periodic major
inspection of critical components, designer and manufacturer stipulated
inspections, and ancillary equipment inspections.
For chairlifts and platform lifts, inspect the platform and control panel, lock bolts for
tightness, the foot switch for proper operation, switches which should be in neutral,
signs and labels and instructions for legibibility, safety latches, toe boards, railings
and guards to ensure they are in good condition and working properly.
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Quarterly
• Check leveling operation. Clean and adjust leveling switches, hoist way vanes,
magnets, and inductors. Repair and/or adjust for proper leveling.
• Check hoistway doors. Clean, lubricate car door or gate tracks, hangers and up
thrust eccentrics, linkages jibs and interlocks.
• Clean, adjust and lubricate car door or gate tracks, pivots, hangers.
• On hoistway doors, clean, lubricate and adjust tracks, hangers and eccentrics,
linkages jibs and interlocks.
• Inspect all fastening and ropes for wear and lubrication. Clean both governors
and hoist ropes and lubricate hoist ropes and lubricate hoist ropes if needed.
Inspect all rope hitches and shackles and equalize rope tension.
• Inspect hoist reduction gear brake and brake drum, drive sheave and motor, and
any bearing wear.
• In the car, test alarm bell system. Clean light fixtures, inspect, clean and adjust
retiring cam devices, chain, dashpots, commentators, brushes, cam pivots,
fastenings. Test emergency switch (ground case, if necessary). Inspect safety
parts, pivots, setscrew, switches, etc. Check adjustments of car and
counterweight jibs, shoe or roller guides, lubricate and adjust if necessary.
• In the pit, lubricate compensating sheave and inspect hitches. Inspect governor
and tape tension sheave fastenings. Empty clean oil drip pans.
• Clean all parts of safeties and lubricate moving parts to assure their proper
operation. Check and adjust clearance between safety jaws and guide rails.
Visually inspect all safety parts.
• Clean and examine governor rope, replacing, if needed. (Do not lubricate
governor rope).
Semi -Annually
• Check controller. Clean with blower, check alignment of switches, relays, timers,
contracts, hinge pins, etc. adjust and lubricate. Check all resistance tubes and
grids. Check oil in overload relays, settings and operation of overloads. Clean
and inspect fuses and holders and all controller connections.
• In hoist way examine guide rails, cams, sheaves, sills, bottom of platform, car
tops, counterweights and hoistway walls.
• Inspect sheaves to ensure they are tight on shafts. Sound spokes and rim with
hammer for cracks.
• Examine all hoist ropes for wear, lubrication, length and tension. Replace,
lubricate and adjust as required to meet code requirements.
• On tape drives, check hitches and broken tape switch.
• Check car stile channels for bends or cracks; also car frame, cams, supports
and car steadying plates.
• Lubricate moving parts or vertical rising or collapsible car gates. Check pivot
points, sheaves, guides and track wear.
• Lubricate guide shoe stems.
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• Check governor and tape tension sheave fastenings.
• For bi-parting doors, clean chains, tracks and sheaves, lubricate as required.
Check door contacts.
• Check fastening and operation of door checks, interlocks clean and lubricate
pivot points as required.
Annually
• Thoroughly clean car and counterweight guide rails using nonflammable or high
flash point solvent to remove lint dust and excess lubricant. Vacuum down
elevator shaft way.
• Remove, clean lubricate brake cores on brakes, clean linings, if necessary and
inspect for wear. Correct excess wear and adjust.
• Drain, flush and refill reservoirs or each hoisting motor and motor generator.
• Check and reset, if necessary, all brushes for neutral settings, proper quartering
and spacing on commentators.
• Group supervisors controls systems installed shall be checked out. The systems,
dispatching scheduling and emergency servicing shall be tested and adjusted in
accordance with manufacturer's literature. The Contractor shall provide to the
satisfaction of the Agency Representative that the system functions properly. All
work shall be performed during other than normal working hours with no
inconvenience to building occupants. A full report covering adjustment time
intervals, dispatch times on various programs, door standing time and door
opening and closing speeds shall be furnished to the agency.
R. Scope of Services
To obtain qualified contractor(s) to perform elevator, escalator, chairlift and platform
lift maintenance for UC facilities and participating agencies. The services will be
primarily for, but not necessarily limited to, UC campus locations and any participating
entities. Upon approval of the awarded elevator, escalator, chairlift and platform lift
maintenance contract(s); other additional UC agencies may utilize services.
References to University of California "UC" and its participating agencies as users
under this proposal and specification and ensuing contract(s) encompasses and
includes other users such as these entities.
The intent of this solicitation is to request proposals from contractors, qualify them
and select those firm(s) with which to contract based on the evaluation criteria listed
in this RFP. A maximum hourly rate and per unit rate(s) for each type of vertical
transportation equipment will be established for the performance of the elevator,
escalator, chairlift and platform lift in various facilities within UC. A list of all elevator
equipment is attached on Attachment A — Elevator Equipment List.
The scope of this solicitation and resulting contract is to assist UC in establishing the
maintenance needs of the equipment specified and assist in planning and scheduling
maintenance work necessary to maintain fully operational systems. Also included is
the corrective maintenance work of clean up and adjustments that are required on the
equipment.
Emergency repair rates must be included in this proposal. Additionally, material and
equipment must be identified with the percent markup on materials to be charged to
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UC for such repairs. If emergency repairs or significant repairs are needed, UC alone
has the option to accomplish such repairs under this contract. This work will either be
performed on a time and materials or not -to -exceed bases at the proposal rates
indicated herein.
S. Background
In the UC system we over 2100+ conveyances, increasing annually, with over 20
elevator service contracts. Each UC Campus has been responsible for its own
elevator, escalator, chairlift and platform lift maintenance. Many UC locations either
perform the day-to-day maintenance of their elevator, escalator, chairlift and platform
lift systems or are utilizing local contracts for this often -complex maintenance process
(along with repairs, if necessary). This contract shall serve the purpose of pre -
qualifying contractors and also providing a preferred UC system -wide and national
solution.
T. Inquiries
All inquiries concerning information herein shall be addressed in the CalUsource
system. All inquiries will be posted and answered within the system for viewing
purposes.
•CalUsource Public RFP Site: https://smart.ciei).com/i)ublicRFx/ucal?oloc=215#/
•CalUsource Online Supplier Resources: htti):Hcalusource.net/for-suppliers/
Proposals shall be approved by an owner, partner or corporate official who has been
authorized to make such commitments. All prices shall be held firm for a period of one
hundred fifty (150) days after the RFP closing date.
U. Contractor Web Conference (NON -MANDATORY)
Contractor Web Conference will be held to provide an opportunity for an overview of
UC solicitation and requirements. In addition, we will be discussing the CalUsource
platform being used for solicitation and functionality.
Participation is NON -MANDATORY via Zoom WEB Conference Call
Date: May 03, 2019
Time: 2:OOPM PST
Web Conference Meeting Link: https://UCOP.zoom.us/i/887466257
Dial In option US: +1 669 900 6833 Meeting ID: 887 466 257
Link and number are available during time of Contractor Conference. If an Offeror is
unable to attend the pre -proposal conference, recording of presentation will be
attached to CalUsource system upon completion. Using link provided above allows
the ability to listen and view presentation document. Dial In option is only audio.
V. Campus Walkthrough Schedule (NON -MANDATORY)
Selected locations of the University of California have provided an opportunity for
Vendors to conduct a walkthrough of conveyances on site. All details can be found on
Attachment C — Campus Walkthrough Schedule.
• Contractor Representatives:
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o At Maximum two (2) representatives per company to participate in
walkthrough.
• Travel:
o Contractor will be responsible for any travel charges to attend UC
campus walkthrough.
• Parkinq Pass:
o Sole responsibility of Contractor to obtain a parking pass at campus
participating in the walkthrough.
o Please make sure to arrive early to purchase parking pass and also
find parking.
• Convevance Selection:
o A pre -selection of conveyances for walkthrough will be selected by
each UC location.
o Depending on time available, interest of group, and proximity, other
conveyances may be requested to view as referenced in
Attachment A — Elevator Equipment List.
• Recommendations:
o Wear comfortable walking shoes.
o Contractors shall not reach out to locations in which are not listed on
Attachment C — Campus Walkthrough Schedule.
W. Minimum (general) criteria to be determined "Responsive"
• Does the proposal submitted conform in all material respects to the solicitation?
• Specific examples include but not limited to: Was sufficient documentation
provided with the proposal to demonstrate that Good Faith Efforts were made?
Where questioned answered thorough?
X. Minimum (general) criteria to be determined "Responsible"
• Does the Offeror demonstrate an understanding of UC's needs and proposed
approach to the project?
• Does the Offeror possess the ability, capacity, skill, and financial resources to
provide the service?
• Can the respondent take upon itself the responsibilities set forth in the RFP (and
resultant contract) and produce the required outcomes timely?
• Does the Offeror have the character, integrity, reputation, judgment, experience,
and efficiency required by the contract?
• Has the Offeror performed satisfactorily in previous contracts of similar size and
scope; or, if the prime contractor has not performed a contract of similar size and
scope, has it (and/or its team members) otherwise demonstrated its capability to
perform the contract UC seeks to establish through this RFP?
• Does the Offeror propose to perform the work at a fair and reasonable cost?
Y. Projected Timetable
The following projected timetable should be used as a working guide for planning
purposes. UC reserves the right to adjust this timetable as required during the course
of the RFP process.
Event Date
24
RFP Issued 04/24/2019
Vendor Campus Walkthrough Week 1 (Northern California) 04/29/2019
Vendor Campus Walkthrough Week 2 (Southern California) 05/06/2019
Deadline for submittal of questions 05/27/2019
Contractor Web Conference 05/03/2019
Proposals Due 06/03/2019
Evaluation of Criteria Begins ASAP
Complete Evaluation of Proposals (Short List) ASAP
Complete Contract Negotiations/Execute Contract ASAP
Z. Employee Background Check
A background check is required for all employees providing any services to University
of California. Any occurrence found during background check is to be provided to UC
or participating agency for review prior to work commencement.
AA. Functional Requirements
Examination Of Existing Building And Contract Documents
1. Each Contractor is under an affirmative duty to inform itself by personal
examination of the specifications and location of the proposed work (at the time
of the project definition) and by such other means as it may select, of the
character, quality, and extent of the work to be performed and the conditions
under which the contract is to be executed.
2. Each Contractor shall examine specifications and all other data or instruction
pertaining to the work. No plea of ignorance or conditions that may be
encountered or of any other matter concerning the work to be performed in the
execution of the work will be accepted by UC as an excuse for any failure or
omission on the part of the Contactor to fulfill every detail of all requirements of
the documents governing the work. Contractor, if awarded the contract, will not
be allowed any extra compensation by reason of any matter or thing concerning
which such the Contractor having fully informed itself prior to responding to the
RFP.
3. Any amendment issued during the time of the RFP shall be included in respomse
and in closing a contract, will become a part thereof.
4. Any verbal information obtained from or statements made by a UC representive
at the time of the site visit(s) or transmission of un-official documents shall not be
construed as in any way amending Contract Documents. Only such corrections
or addenda as are issued electronically to all contractors shall become part of
the contract. UC will not be responsible for verbal instructions.
BB. Elevator List of Equipment
The equipment will be listed which will consist of the major components and parts of
equipment to be serviced at the facility. The Contractor shall be responsible for any
other components not specifically listed that are supplemental to and a part of the
operation of the overall system for the facility. Prospective Contractors must
personally verify all quantities of equipment listed at the time of RFP.
Please refer to Attachment A — Elevator Equipment List for full details of
conveyences in the UC system.
25
Specific UC Campus locations have provided dates and times for a campus
walkthrough.
CC. GENERAL REQUIREMENTS
a. The intent of these specifications, unless otherwise noted is to cover elevator,
escalator, chairlift and platform lift maintenance service complete in every
respect. Details of service not explicitly stated in these specifications but
necessarily attendant thereto, is deemed understood by the Offeror and included
herein. The Contractor shall furnish all material and equipment usually furnished
with such services, in accordance with the industry standard.
b. It is mutually agreed and acknowledged that the Contractor has included costs to
remedy all deficient items in his proposal and he will be responsible for the
satisfactory functioning of the equipment without extra compensation. The
Contractor may include in their reponse a detailed explanation of work intended
to be performed under this clause.
C. UC or Participating entity will have the ability to conduct an audit, at maximum,
once (1) per year.
If any occurances found, Contractor is solely responsible to make UC or
Participating Entity whole and also pay for Audit fees, and any other fees
associated to final check for corrections made.
2. If no occurances found, the UC or Participating entity will be responsible
for Audit fees.
d. All material and equipment furnished shall be new and in excellent working
condition.
e. Hard copy field, service or monthly reports will not be accepted by UC. The term
"electronic" stated herein shall be defined as a USB, web -based program or
hosting or e-mail. It is strongly advised that the Contractor establish an
electronic/web-based maintenance record file and reporting system for all
contracted facilities. An example of a viable electronic report system is the
following:
In lieu of "hard copy" field/service tickets, establish local monitoring units
installed near the equipment to be maintained. Each local unit includes
identification credential verification of the technician responsible for
maintaining the associated equipment; time stamping of the start and end
of each operation performed by the technician; data input of the
description of the work performed during the technician's operation, and
storage.
In lieu of "hard copy" monthly reports, establish an electronic
maintenance report file, which allows data input of the description of each
operation performed on the associated equipment in relation with the
identification information of the technician that performed the operation
and the time stamp information of the start and end of the operation. The
data should be accessible by UC via the Contractor's designated host
website.
26
An electronic notification of reports being available to the user agency, should be
furnished within ten (10) working days after each month's service. In addition to
the data state above, the electronic reports will include a precise description of
services provided, number of staff involved and number of contract hours spent.
This report must be furnished or posted on the Contractor's host webpage on or
before the invoice for payment is submitted to the User Agency. Payment will not
be approved without the reports.
Electronic field/service tickets must include the following: time/date stamp;
identification of technician providing service; equipment/unit receiving service;
description of service performed; repair, resolve or recommendation. This
electronic field/service ticket must be made available to the User Agency within
twenty-four (24) hours of the service being performed. Failure to provide this
electronic field/service ticket, whether intentional or not, shall be understood to
mean that service was not performed.
g. Monthly service tickets are to be included in the electronic report
h. The Contractor shall be completely responsible for their work, including any
damages or breakdowns caused by their failure to take appropriate action.
i. The Contractor agrees that the resulting contract may not be assigned,
transferred, conveyed, or the work subcontracted.
j. No drug use of any type, or alcoholic beverages by the Contractor or its
personnel shall be permitted on the premises.
k. Food, beverages and snacks will not be permitted on the premises. All field
personnel will be expected to maintain equipment rooms, machine rooms and
elevator shafts and hoistways free of trash and debris.
I. Contractor's technicians/mechanics must undergo a background check.
Contractor is to provide details of the background check conducted.
M. INSPECTION — The quality of service shall be subject to inspection by UC at any
time. Should it be found that the quality of services being performed is not
satisfactory, and the requirements of the specifications are not being met,
General Services acting on behalf of the user agency or on its own behalf, may
terminate the contract, and employ another Contractor to fulfill the requirements
of the contract. The existing Contractor shall be liable to UC for costs incurred on
account thereof.
n. STOP WORK ORDER — General Services reserves the right to stop the work
covered by this proposal and the contract at any time, if it is deemed the
successful Contractor is unable or incapable of performing the work to the
satisfaction of General Services or the user agency. In the event of such cease
to work, General Services shall have the right to arrange for the completion of
the work in such manner as it may deem advisable and if the cost thereof
exceeds the amount of the proposal, the successful Contractor shall be liable to
UC for any such cost on account thereof.
27
o. The user Agency Representative reserves the right to reject and bar from the
facility any employee hired by the Contractor.
LABOR AND MATERIAL — Hourly rates should be considered from the time the
mechanic/technician leaves his place of business until the time he returns.
DD. Contractor Personnel Requirements
Experience Requirements
i. Each Offeror shall have been actively and normally engaged, for at least
the past ten (10) years in the maintenance, service, repair and
replacement of materials and equipment in elevator, escalator, chairlift
and platform lifts of a similar manufacturer and control system as those
covered by this contract.
ii. The following experience is required for group supervisory control
systems as included in this RFP.
The Offeror shall have at least ten (10) years' experience with
group supervisory control systems noted under each category;
and must provide with its proposal a detailed statement of such
experience. This should include the company of building(s)
serviced, representative responsible for supervising the contract
for such company or building.
2. The Offeror shall have total responsibility for not less than ten (10)
elevator, escalator, chairlift and platform lifts of the type proposed
on, and has been maintaining them for a period of not less than
five (5) years. Each Offeror shall list specific reference contract,
showing company or agency, company representative in which
such elevator, escalator, chairlift and platform lifts are being
maintained.
3. The Offeror shall show that he has available, under his direct
employment and supervision, the necessary organization to
properly fulfill all the services and conditions required under this
RFP. Subcontractors and/or vendors of the awarded will not be
permitted.
iii. Demonstrate that company personnel have maintained an organization,
in continuous operation for at least the past ten (10) years that is capable
of performing the work hereinafter described. This should include the
following:
That the G feror shall use only skilled, competent, trained
elevator, escalator, chairlift and platform lift personnel having a
minimum experience of five (5) years in maintaining elevator,
escalator, chairlift and platform lift systems similar to those in this
RFP.
28
2. Each Offeror shall list the names of the employees that, if
awarded, will be responsible for this contract, their function in the
company, their title and number of years of service with the
Offeror's firm. Offeror must also assign the following dedicated
staff: Project Manager, Field Supervisor, Account Representative,
Office Administrator.
2. Contractor Responsibilities - Service Facility Requirements
i. The present address of the main operating facilities of the organization,
location of the engineering department, and, if any, the location of the
research development department.
ii. Location of the facility and/or facilities that will serve this contract.
iii. Each Offeror shall have a local facility to service UC. Include a listing of
offices with address that will service each UC campus. Also, location of
main offices nationally.
iv. The Offerors' service facility shall be equipped with spare parts as herein
after specified under "Spare Parts". All service vehicles/trucks must be
equipped with an inventory of commonly used spare parts.
v. List sources of major replacement parts such as worms and gears,
commutator bars, field coils and gearless machines. Indicate which of the
above listed parts are readily available at your own facilities.
Prospective Contractors are advised that UC's intent in having these requirements is to ensure
that only qualified and reliable Contractors perform the work for the contract. UC recognizes
that there may be equally qualified and reliable Contractors who do not meet all of the above
requirements specifically as stated, above but may in fact meet the objectives and criteria
intended in some other manner. However, the Contractor shall have the burden of
demonstrating to UC's satisfaction that it can in fact perform the work. This shall be in the form
of written statements as to the Contractor's experience, references, listing of contracts
performed, financial statements, manpower and ability to respond to UC to evaluate the
Contractor's ability. All statements made must be able to be independently verifiable by UC.
Purchasing reserves the right to request any additional information pertaining to the Prospective
Offeror's ability, qualifications and procedures used to accomplish all work under this contract
as it deems necessary to ensure safe and satisfactory work.
Note: Any Prospective Offeror failing to submit in whole or in part the above statement attesting
to its qualifications, may result in a rejection of the proposal of that Prospective Offeror.
EE. Contractor Personnel Requirements
1. UC Departmental Responsibilities
i. The agency shall assign a qualified professional to permit access to
mechanical rooms, elevator, escalator, chairlift and platform lift
equipment rooms (where applicable) and elevator shafts. This qualified
professional shall also serve as the direct contact for those items as
specified herein.
2. UC's Right to Inspect
i. UC shall have the right to inspect any facility or project site where the
services performed under the resultant contract are performed.
3. Terms and Conditions of Contract
29
i. A contract resulting from this RFP shall be subject to the terms and
conditions set forth in the attached Contract.
4. Instructions for Proposal
i. Compliance with the RFP
1. Proposals must be in strict compliance with this Request for
Proposals. Failure to comply with all provisions of the RFP may
result in disqualification.
ii. Acknowledgment of Insurance Requirements
1. By signing its proposal, Offeror acknowledges that it has read and
understands the insurance requirements for the proposal. Offeror
also understands that the evidence of required insurance must be
submitted within fifteen (15) working days following notification of
its offer being accepted; otherwise, UC may rescind its
acceptance of the Offeror's proposal. The insurance
requirements are attached.
iii. Delivery of Proposals
1. All proposals and documents are to be submitted using the
CalUsource sourcing tool.
iv. Ambiguity, Conflict, or Other Errors in the RFP
1. If a Proposer discovers any ambiguity, conflict, discrepancy,
omission, or other error in the Request for Proposal, it shall
immediately notify the UC Procurement Services such error in
writing and request modification or clarification of the document.
The Department of Purchasing will make modifications by issuing
a written revision (addendum) and will give written notice to all
parties who have received this RFP from the UC Procurement
Services.
2. The Proposer is responsible for clarifying any ambiguity, conflict,
discrepancy, omission, or other error in the Request for Proposals
prior to submitting the proposal or it shall be waived.
v. Proposals and Presentation Costs
1. UC will not be liable in any way for any costs incurred by any
Offeror in the preparation of its proposal in response to this RFP,
nor for the presentation of its proposal and/or participation in any
discussions or negotiations.
vi. Rejection of Proposals
1. The Purchasing Agent reserves the right to accept or reject in
whole or in part, any or all proposals submitted. The Purchasing
Agent shall reject the proposal of any Offeror that is determined to
be non -responsive. The unreasonable failure of an Offeror to
promptly supply information in connection with respect to
responsibility may be grounds for a determination of non -
responsibility.
vii. Acceptance of Proposals
1. The Purchasing Agent shall accept all proposals that are
submitted properly. However, the Purchasing Agent, or designee,
reserves the right to request clarifications or corrections to
proposals.
viii. Requests for Clarification of Proposals
30
1. Requests by the Evaluation Committee for clarification of
proposals shall be distributed by the Procurement Staff in writing
(or email).
ix. Validity of Proposals
1. All proposals shall be valid for a period of ninety (90) days from
the opening date of the Request for Proposal.
x. Evaluation of Proposal
1. An Evaluation Committee shall be appointed, chaired by UC to
evaluate each Proposal. At UC option, Supplier may be invited to
make presentations to the Evaluation Committee. Best and Final
Offers and/or Negotiations may be conducted, as needed, with
the highest rated Respondent(s). UC reserves the right to make
additional investigations as it deems necessary to establish the
competence and financial stability of any offeror submitting a
proposal. Proposals will be evaluated on the following criteria
which are listed below: Evaluation Category (Points Available /
Percentage Weight) Total points available is 20,000.
a. Company Profile (2909 / 15%)
b. Module 1/2/3 (5818 / 29%)
c. National Program (1000 / 5%)
d. Sustainability (2818 / 14%)
e. Value Add (2455 / 12%)
f. Cost (5000 / 25%)
2. Supplier can achieve more points than the minimum criteria by proposing
additional services and/or differentiating themselves from other
submittals. The Team will determine the Total Score for each category in
a Bidder's Final Bid by aggregating categories in the table above, Scores
will be rounded to the two (2) decimal place.
NOTE: SUPPLIERS ARE REQUIRED TO USE ATTACHED DOCUMENTS IN CALUSOURCE
TO SUBMIT THEIR PRICING/DISCOUNT PROPOSAL.
31
Incorporated Document —Supplier's Responses
The Supplier's responses thereto submitted on or about June 17, 2019 ("RFP Response") is available
upon request
Attachment B — UC Pricing Schedule
Not available
Attachment C —Volume Discount
Available upon request
4/24/2019
RFx ::
BAS
Event Name
(000289-AF
Event Descriptic
Solicitation
Partners. D
Q VIEW GUIDELINE - UC SUSTAINABLE PRA...
Guideline Name
UC Sustainable Practices
Guideline Type
General Guidelines
Created By
Sara Kayser
Acknowledgment from Supplier
Before participating in event
Last Modified On
04/23/2019 2:34 PM
rl� V"i
Type Recognizing the substantial impact that procurement decisions have on the environment, society, and the economy,
.pest for the University of California will maximize its procurement of sustainable products and services, within the
constraints of research needs and budgetary requirements and in compliance with all applicable rules,
Event Currenr
regulations and laws. The University values the health and well-being of its students, staff, faculty, visitors, and
USD
suppliers, and seeks to provide healthy and accessible conditions for the communities it serves. As such, impacts to
health and wellbeing will be considered as fundamental factors when making procurement decisions. Where
Event Value
USD 8,000,
functional alternatives to harmful products or impacts exist, they are to be strongly preferred.
The University of California has a long history of acting as a leader in sustainability, including in environmentally and
socially responsible procurement. In 2007, the University of California expanded its UC Sustainable Practices Policy
Event Overview
RFP-Elevat+
to include environmentally preferable purchasing. Among other directives, these policies advise the UC to:
• Determine the appropriate sustainability requirements to be included in RFPs,
CLOSE
https://smart.gep.com//Sou rcing/Rfx?oloc=219&c=N D ExOTgzO&dd=ZGM9MTAOMiZicGM9N DExOTgzO#/rfx/edit/5ace4d555742e5l O9cOb7O4f 1 /7
Attachment Exhibits
UC RFP BID
ONINIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be
completed and returned with proposal.
The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326. all contracts, including small purchases, awarded
by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Appendix II to
Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)
as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights
and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either
party. Asir/ D e' C vy4 44C#tJ_ J a AJ
Does offeror agree? YEI� 9"n/ AO-c,flnitigls of Authorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right
to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or
default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, andlor delivery dates within the time
specified in the procurement solicitation, contract, and/or a purchase order, (2) make any payments owed; or (3) otherwise perform
in accordance with the contract and/or the procurement solicitation. Participating Agency also reserves the right to terminate the
contract immediately, with written notice to offeror, for convenience, if Participating Agency believes, in its sole discretion that it is
in the best interest of Participating Agency to do so. Offeror will be compensated for work performed aAd aceoptodand goods
a s of the termination date if the contract is terminated for convenience of Participating Agency. Any
award under this procurement process is not exclusive and Participating Agency
reserves the right to purchase goods se/ from other offerors when it is in Participating Agency's best interest.
Does offeror agree? YES /t/'^ 4 ` /S Initials of Authorized Representative of offeror
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR
12319, 12935, 3 CFR Part, 1964.1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
contract, the equal opportunity clause is incorporated by reference h rein.
Does offeror agree to abide by the above? YES �G Initials of Authorized Representative of offeror
(D) Davis -Bacon Act, as amended (40 U.S.C. 314l-3148). When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non -Federal entitles must include a provision for compliance
with the Davis -Bacon Act (40 U.S.C. 3141.3144, and 3146.3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Requirements for National Cooperative Contract
Page 21 of 44
OMNIA PARTNERS EXHIBITS
EXHiIiI f F- FEDERAL FUNDS CERTIFICATIONS
Construction'). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at
a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award
a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity
must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all
suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offero will be in _compliance with all applicable Davis -Bacon Act provisions.
Does offeroragree? YES % S . L Y g Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701.3708). Where applicable, all contracts awarded by the
non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous, These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting h m title procurement process.
Does offeror agree? YES 3r 6 V � Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that `funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with
all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree?/Y 9✓/,� h �f/v 5G -//G Initials of Authorized Representative of offeror
(0) Clean Air Act (42 U.S.C. 7401.7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251.1387), as amended —
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award
to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Requirements for National Cooperative Contract
Page 22 of 44
OMNIA PARTNERS EXHIBUS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees
to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES ✓`-L / P Initials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation by any federal departmentof agency.
Does offeror agree? YES �1 �� ' Initials of Authorized Representative of offeror
(1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
Pursuant to Federal Rule (1) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti -Lobbying Amendment (31 U,S.C, 1352). The
undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making
of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Memberof Congress in connection with this Federal grantor cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL,'Disclosure Form to Report Lobbying', in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub -
awards exceeding $100,000 in Federal funds at all a ropriate tiers and that all subrecipients shall certify, and disclose accordingly.
Does offeror agree? YES SAC ' / f Initials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies
that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will
retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final
expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES `07 Initials of Authorized Representative of offeror
Requirements for National Cooperative Contract
Page 23 of 44
AMNIA PARTNERS EXHIBITS
EXHIBIT F- FEDERAL FUNDS CERTIFICATIONS
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it
will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the E ergy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does offeror agree? YES �� YI�; Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and
open competition.
/ 0 e oat .9' C.9-a' ,-
Does offeror agree? YEt Y 5%4— Initials of Authorized Representative of offeror
s'e- %9
PROCUREMENT OF RECOVERED MATERIALS REQUIREMENTS FOR— 2 C.F.R. §200.322
Participating Agency and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines..
Does Vendor agree? YES S% y Initials of Authorized Representative of Vendor
CERTIFICATION OF ACCESS TO RECORDS -- 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any
books, documents, papers and records of offeror that are directly pertinent to offeror's discharge of its obligations under the Contract
for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access
to offeror's personnel for the purpose of intervie and discussion relating to such documents.
Does offeror agree? YES �I 5 •G /4 Initials of Authorized Representative of offeror
CERTIFICATION OF AFFORDABLE CARE ACT
Offeror understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act,
Public Law 111-146 and the Health Care and Education Reconciliation Act 111-162 (collectively the Affordable Care Act "ACA"). The
Offeror shall bear sole responsibility for providing health care benefits for its employees who provide services as required by Federal
law.
Does offeror agree? YES sL ' Initials o(Authan zed Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES (--� 3—.G ' / f Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is
further acknowledged that offeror certifies mpliance with all provisions, laws, acts, regulations, etc, as specifically
noted above. �L
Offeror's Name: %%%%'"'""""�YY
Requirements for National Cooperative Contract
Page 24 of 44
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Requircmmis for Naticmal C-o-P—tivc Conuacl
ONINIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT. PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follo%vs:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to
age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent
with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis
of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job -related testing, as established by the statutes and court decisions of the state
of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, dovmgrading and lay-off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as
may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
s' • 7
Signatu of Procurement Agent
Requirements for National Cooperative Contract
Page 30 of 44
OMNIA PARTNERS EXHIBITS
Doc #4, continued EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit
no Iater than 10 days prior to the award of the contract.
Part I — Vendor Information
E Vendor Name:
Address:
City: I I State: zip:
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents
compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions
accompanying this form.
Signature T Printed Name Title
Part II — Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable
political contributions (more than $300 per election cycle) over the 12 months prior to submission to
the committees of the government entities listed on the form provided by the local unit.
❑ Check here if disclosure is provided in electronic form
Contributor Name Recipient Name Date Dollar Amount )
❑ Check here if the information is continued on subsequent page(s)
Requirements for National Cooperative Contract
Page 33 of 44
STATE OF NEW JERSEY -- DIVISION OF PURCHASE AND PROPERTY
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Quote Number: Bidder/offeror: 47.,'; of e i/�171Z
PART 1: CERTIFICATION
BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.
FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON -RESPONSIVE.
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a
contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents,
subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities
in Iran. The Chapter 25 list is found on the Division's webslte at ItttQ.frUvww.se4.�rylpyfrpdrfiChapier259 jc g�f_ Bidders
must review this list prior to completing the below certification. Failure to complete the certification will render a bidder's proposal
non -responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided
by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in
default and seeking debarment or suspension of the party
PLEASE CHECK THE APPF�OPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents,
subsidiaries, or affiliates Is listed on the N.J. Department of the Treasury"s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ('Chapter 25 List'). I further certify that I am the person listed above, or I am an officer
or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and
complete the Certification below.
OR
❑I am unable to certify as above because the bidder and/or one or more of Its parents, subsidiaries, or affiliates is listed on
the Department's Chapter 25 list I will provide a detailed, accurate and precise description of the activities In Part 2 below
and sign and complete the Certification below Failure to provide such will result in the gmaossal�beino rendered as non-
respgnsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PARI_Z: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN 1RAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents,
subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.
EACH BOX WILL PROMPT YOU TO PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE
THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, CLICK THE "ADD AN ADDITIONAL
ACTIVITIES ENTRY" BUTTON.
Name
Description of Activities
Duration of Engagement
Bidder/Offeror Contact Name
ADD AN ADDITIONAL ACTIVITIES ENTRY
Relationship to Bidder/Offeror
Anticipated Cessation Date
Contact Phone Number
Certification:1, being duly sworn upon my oath, hereby represent and state that the foregoing Information and any attachments thereto to the best of
my knowledge are true and complete. 1 attest that I am authorized to execute this certification on behalf of the above -referenced person or entity.
acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing
obligation from the date of this certification through the completion of any contracts with the State to notify fhe State In writing of any changes to the
answers of Information contained herein. I acknowledge that 1 am aware that it is a criminal offense to make a false statement or misrepresentation in
this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of
my agreament(s) with the State of New Jersey and that the State at its option may declare any contract(s) Iting from this certification void and
unenforceable.
Full Name (Print): "1a4 if J _ /�q�?'�C� Signature:
Title: Tie` tlSG Cav((:!A W/�o;?a/ ecd Date: ...
s` 7•
bPP Standard Forms Packet 11/2013
DOC #5
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
13 I certify that the list below contains the names and home addresses of all stockholders
holding 10% or more of the issued and outstanding stock of the undersigned.
OR
0 1 certify that no one stockholder owns 10% or more of the issued and outstanding stock of
the undersigned.
�s I.s k pabjCjq jyg AZZI t6M#anj I00'j• OWAeol bq utnittd TCCh010816 eore,
Check the box that represents the type of business organization:
Partnership Corporation Mole Proprietorship
Limited Partnership OLimited Liability Corporation 0 Limited Liability Partnership
❑ Subchapter S Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
gtockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this _ day of
2—• (Aff )ant)
(Notary Public)
(Print name & title of affiant)
My Commission expires:
(Comorate Sea])
Requirements for National Cooperative Contract
Page 35 of 44
DOC 41
OMNIA PARTNERS EXHIBITS
EXHIBIT G- NEW JERSEY BUSINESS COMPLIANCE
OWNERSHIP DISCLOSURE FORM
(N.J.S. 52:25-24.2)
Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law),
the offeror shall complete the form attached to these specifications listing the persons owning 10 percent (10%)
or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Comnlete as anDronriatc:
1 certify that I ant the sole owner of
that there are no partners and the business is not
incorporated, and the provisions ofN..I.S. 52:25-24.2 do not apply.
OR:
I , a partner in , do hereby
certify that the following is a list of all individual partners it,ho otvn a 10% or greater interest therein. I
further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set
forth the names and addresses of the stockholders bolding 10% or more of that corporation's stock or the
individual partners owning 10% or greater interest in that partnership.
f 1 OR:
!! I � ( %� f 1 it an authorized representative of
VTi) CIfv�{ a corporation, do hereby certify that the olloit,in is a list o the names and
�. f g f
addresses of all s ct k rot lder s in the corporation who own 10% or more of its stock of any class. I f rrther
certify that if one (I) or more of such stockholders is itself a corporation or partnership, that there is also set
forth the names and addresses of the stockholders holding 10% or more of the corporation's stock or the
Individual partners owning a 10% or greater interest in that partnership.
(Note: If there are no partners or stockholders owning 10% or more interest, indicate none.)
Name Address Interest
J T' r no I . , e ti 0/00,,-j i a�CUTC. fi}wn� (�o i� ��
mN 4j)k - C
f
I further certify that the statements and information contained herein, a • complete and correct to the bast of
rrry knowledge and belief�
�✓ 1 " 1 r e7
Date / f Au rizer Si natti a and Title
Requirements for National Cooperative Contract
Page 27 of 44
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
Otis Elevator
J
Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
N/A
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
a Yes 0 No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
13 Yes IM No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
J
®Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
01 /09/2025
Amanda Haines (Jan 9, 202516:13 CST)
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021