PROJECT DEFINITION # 1835 ELEVATOR MAINTENANCE AND REPAIRS (UTILIZING OGS AWARD NUMBER 21340)

Transcription

1 PROJECT DEFINITION # 1835 ELEVATOR MAINTENANCE AND REPAIRS (UTILIZING OGS AWARD NUMBER 21340) AT SHIRLEY A. CHISHOLM STATE OFFICE BUILDING, BROOKLYN, NY AND ADAM CLAYTON POWELL JR., STATE OFFICE BUILDING, HARLEM, NY REGION 2- NEW YORK RELEASE DATE: 07/03/2013 BID DUE: 2:00 PM Designated Contact: Alternate Designated Contact: Nancy L. Dougherty Diane Robinson Phone: Phone: nancy.dougherty@ogs.ny.gov diane.robinson@ogs.ny.gov

2 Contents Appendices: GENERAL OVERVIEW Background Scope Key Events/Dates Mandatory Pre-Bid Site Visits Project Site(s) Overview INQUIRIES & BID SUBMISSION Inquiries Bid Submission GENERAL REQUIREMENTS Terms and Conditions Non Liability Interpretation of Specifications Performance of Elevator Maintenance Inspection Agency Reserved Right NYS Department of Labor Prevailing Wage Rates Price Clause Monthly Maintenance Fire Service Phase 1 & Phase 2 Testing Building Logs Preventative Maintenance Schedule (PMS) Annual Building Shutdowns SERVICE REQUIREMENTS... 9 Page 1 of 45

3 4.1 Emergency Callback Service Equipment to Be Maintained TERM Contract Term Cancellation for Convenience M/WBE GOALS M/WBE Utilization Goal Requirements COST EVALUATION Cost Evaluation Instructions Example Cost Evaluation ATTACHMENT APPENDIX A APPENDIX B IMPORTANT LINKS APPENDIX C APPENDIX D Appendices: - Note - all applicable appendices in original RFP # shall be completed Page 2 of 45

4 1 GENERAL OVERVIEW 1.1 Background The State of New York, Office of General Services (OGS) owns and operates approximately 17 million square feet of office space. To assist in their daily operations, OGS contracts with firms to provide various services. 1.2 Scope NYS Office of General Services is seeking specific bid proposals from pre-approved backdrop contractors in Region No. 2, New York, to perform elevator maintenance and repairs for the equipment listed in Section (4) - SERVICE REQUIREMENTS of this Project Definition. 1.3 Key Events/Dates Event Date Time Project Definition Release 07/03/2013 Mandatory Site Visits & Pre-Bid Conference A. Adam Clayton Powell Jr., SOB 07/10/ a.m. B. Shirley A. Chisholm, SOB 07/10/ p.m. Closing Date for Inquiries 07/11/ p.m. OGS Response to Inquiries (Estimated) 07/12/2013 Submission of Proposal 07/18/ p.m. Bid Opening 07/18/2013 Contract Start Date See Mandatory Pre-Bid Site Visits Bidders intending to submit a bid will be required to attend mandatory site visits, which will include a tour of the buildings on the dates and times indicated in Section 1.3. These are the only dates and times available for inspection. Alternate dates for additional site inspections will not be available. Attendees will be required to sign in and provide basic company and contact information for each site. This information will be used to verify attendance and to communicate any changes to the solicitation (addenda). Therefore, it is imperative that the provided information be legible and accurate. Failure to attend all of the mandatory site visits will result in rejection of the bid. The facilitator of each event will publicly announce the official start time of the pre-bid site visit, which announcement shall be made no sooner than the time stated in Section 1.3. Prospective bidders arriving after the official start time of the site visits will be precluded from attending the site visit, and therefore unable to submit a responsive bid. Page 3 of 45

5 Pre-Registration Due to security restrictions, all Bidders must pre-register with the following person(s) at each applicable building at least 48 hours in advance: A. Adam Clayton Powell, Jr. State Office Building with Mr. Willie Walker by telephone at (212) or by at B. Shirley A. Chisholm State Office Building with Ms. Beverly Alston by telephone at (718) or by at Locations A. For the Adam Clayton Powell, Jr., State Office Building site visit Bidders will meet in the Main Lobby of the Adam Clayton Powell, Jr. SOB, 163 West 125th Street, New York, NY B. For the Shirley A. Chisholm State Office Building site visit Bidders will meet in the Main Lobby of the Shirley A. Chisholm SOB, 55 Hanson Place, Brooklyn, NY In accordance with State Finance Law 139-j (3) (a) (3), the mandatory pre-bid site visits are covered by the permissible subject matter authorization. A bidder is authorized to speak with representatives other than Ms. Dougherty for the sole purpose of the pre-bid site visits (to arrange attendance, during the conduct of the visit, and to pose questions regarding the sites). EACH BIDDER IS REQUIRED TO PERSONALLY VISIT EACH SITE TO; EXAMINE THE FACILITY, EXAMINE ANY RELATED DOCUMENTS, DETERMINE THE CONDITION, AND TO ACCESS THE SITE PRIOR TO SUBMITTING THEIR BID. These site visits are mandatory and waivers of this requirement will not be considered. A Facility Site Visit Verification Form, (copy enclosed in APPENDIX C), must be completed for each facility, additionally signed by the Facility Manager or his representative, and submitted with the bid. Please note when registering the company name, individual names and titles of all of those who will attend will be required. While discussion is allowed at the site visit, verbal clarifications or instructions shall in no way be construed to amend this solicitation or resulting contract. Only answers and clarifications included in officially issued written addendum shall be made a part of the solicitation and resulting contract. 1.5 Project Site(s) Overview A. Adam Clayton Powell Jr. State Office Building Page 4 of 45

6 This is a 19 story, Cellar and Sub-Cellar building approximately 585,931 square feet. There are 9 elevators, and 0 escalators. The building is primarily occupied by various state and non-state agencies. The building Operating hours are: 7:00 AM to 10:00 PM, Monday through Friday, Saturdays and Sundays 7am-10pm except for holidays. B. Shirley A. Chisholm State Office Building This is a 14 (fourteen) story building approximately 286,862 square feet. There are 7 elevators, and 0 escalators. The building is primarily occupied by various state agencies. The building Operating hours are: 7:00 AM to 6:00 PM, Monday through Friday, except for holidays. 2 INQUIRIES & BID SUBMISSION 2.1 Inquiries All inquiries concerning this mini-bid procurement will be addressed to the designated contact(s) which are listed on the front page of this project definition. 2.2 Bid Submission Note that these instructions supersede the generic instructions posted on the OGS website bid calendar. Only those Bidders who furnish all required information and meet the mandatory requirements will be considered. Submit all required bid documents including signed bid addenda if any, to the NYS Office of General Services - Division of Financial Administration at the following address: OGS Financial Administration Empire State Plaza, Corning Tower, 40th Floor Albany, NY Attn: Nancy L. Dougherty Bid # OR FAX BID SUBMISSIONS ARE NOT ACCEPTABLE AND WILL NOT BE CONSIDERED. The State of New York will not be held liable for any cost incurred by the Bidder for work performed in the preparation and production of a bid or for any work performed prior to the formal execution and approval of a contract. Page 5 of 45

7 Bids must be received in the above office on or before 2:00 PM on the date indicated in Section 1.3. Bidders assume all risks for timely, properly submitted deliveries. The received time of bids will be determined by the time and date stamp machine at the above noted location. NO CONSIDERATION WILL BE GIVEN TO BIDS RECEIVED AFTER THE STATED DATE AND TIME. Bidders mailing their bid must allow sufficient mail delivery time to ensure receipt of their bid at the specified location no later than the specified date and time. Delays in United States mail deliveries or any other means of transmittal, including couriers or agents of the bidding entity shall not excuse late Bid submissions. Similar types of delays, including but not limited to, bad weather or security procedures for parking and building admittance shall not excuse late Bid submissions. Bidders are cautioned that receipt of bids in the OGS Mailroom is NOT sufficient, and that at least historically, one overnight carrier has been known to deliver its packages to the OGS Mailroom. OGS cannot be responsible for the actions of your chosen carrier. Important Building Access Procedures for Delivered Bids: Building Access procedures are in effect at the Corning Tower. Photo identification is required. All visitors must register for building access, for delivering bids. Bidders are encouraged to pre-register by contacting the OGS Finance Office at at least 24 hours prior to the bid opening. Pre-registered visitors are to report to the visitor desk located at the Concourse level of the Corning Tower. Upon presentation of appropriate photo identification, the visitor will be allowed access to the building. Upon arrival at the visitor desk, visitors that have not pre-registered will be directed to a designated phone to call the OGS Finance Office. The Finance Office will then enter the visitor s information into the building access system. Access will not be allowed until the system has been updated. Visitors are encouraged to pre-register to ensure timely access to the building. Bidders who intend to deliver bids or conduct business with OGS should allow extra time to comply with these procedures. These procedures may change or be modified at any time. Visitor parking information can be viewed at the following OGS web site: 3 GENERAL REQUIREMENTS 3.1 Terms and Conditions All terms and conditions of the Request for Proposal (RFP) # and resultant contract shall apply to this project description except as supplemented by or amended herein. Page 6 of 45

8 3.2 Non Liability The State will not be liable for any expense incurred by the Contractor as a consequence of any traffic infraction or parking violations attributable to employees of the Contractor. 3.3 Interpretation of Specifications The Office of General Services' interpretation of specifications shall be final and binding upon the Contractor. 3.4 Performance of Elevator Maintenance It shall be mutually agreed that the Contractor has included costs to remedy all deficient items in their proposal and they will be responsible for satisfactory performance of Elevator Maintenance without extra compensation. The Contractor may at its option provide with its bid, a detailed explanation of work intended to be performed under this clause. (See Section 4) 3.5 Inspection The quality of service shall be subject to inspection by the State of New York at any time. Should it be found that quality of services being performed is not satisfactory, and that the requirements of the specifications are not being met, the Office of 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 the State of New York for costs incurred on account thereof. 3.6 Agency Reserved Right The Agency representative reserves the right to reject and bar from the facility any employee hired by the Contractor. 3.7 NYS Department of Labor Prevailing Wage Rates Prevailing Wage Rate as part of the requirements of Article 8 and Article 9 of the New York State Labor Law, requires public work Contractors and subcontractors to pay laborers, workers or mechanics employed in the performance of a public work contract not less than the prevailing rate of wage and to provide supplements (fringe benefits) in accordance with prevailing practices in the locality where the work is performed. Work being bid is subject to the prevailing wage rate provisions of New York State Labor Law Article 8. See "Prevailing Wage Rates - Public Works and Building Services Contracts" in APPENDIX D, OGS General Specifications. Any federal or State determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful" may be grounds for a determination of vendor nonresponsibility and rejection of bid. Please note, contractors that provide service in the New York City (NYC) area shall pay their employees the greater of the two following wage rates: the NYC prevailing wage rate for the title of A Elevator Repair/Modernization Mechanic, as listed in the then most current prevailing wage schedule issued by the NYC Bureau of Labor Law or the NYC prevailing wage rate for the title of Elevator Constructor - Modernization and Service, as listed in the then most current prevailing wage schedule issued by the NYS Page 7 of 45

9 Department of Labor. Additionally, other municipalities have enacted Living Wage rates which may be applicable to this contract. 220 Schedules in PDF Apprentice Schedule in PDF Contractors are required to be familiar with the applicable Living Wage rate requirements throughout the state and to pay its employees accordingly. Prevailing Wage Rate Schedule Note To Authorized Agency Contract Users & Bidding Contractors: The prevailing wage rate schedule for this project is extensive since it covers all counties Statewide. A review of the prevailing wage rate schedule may be accomplished by entering the schedule s PRC# , at the Department of Labor s website through the following link: Once the PRC# is entered, click on the link Wage Schedule. The schedule might take a few minutes to download. Please note that the applicable prevailing wage title for this contract is under Elevator Constructor and if applicable, Elevator Modernization & Service/Repair. The Contractor is charged with having full knowledge and responsibility for the payment of applicable prevailing wages. 3.8 Price Clause This is a full service contract. For the purposes of this contract full service shall mean that the Contractor's bid price includes, but is not necessarily limited to: all labor, all material and supplies, all emergency work and special requests; all administrative, reporting or other requirements, all overhead costs and profit. It shall also include all travel costs, parking fees, and any other ancillary fees and costs including permits, licenses, insurance, etc. Details of service not explicitly stated in these specifications, but necessarily attendant is deemed understood by the Contractor and included herein. The bidder s percentage markup shall be entered into the Bid Proposal Form and shall be consistent for both the Elevator Constructor (Mechanic) and Apprentice titles irrespective of the Prevailing Wage Rate (PWR). Page 8 of 45

10 3.9 Monthly Maintenance The monthly maintenance prices bid will be subject to annual price adjustment per the backdrop contract (Group 71004, Award 21340) Fire Service Phase 1 & Phase 2 Testing The Contractor is required to perform the monthly manual Test of phase one and phase two as required by ASME The results shall be submitted along with the Preventative Maintenance Schedule (PMS) reports Building Logs The Contractor s elevator mechanics, helpers and their associated personnel shall sign the building logs in accordance with the Building Manager procedures and guidelines. Failure to sign in/out, whether intentional or not, may be understood to mean that services were not performed Preventative Maintenance Schedule (PMS) The Contractor s submitted Preventative Maintenance Schedule (PMS) must include the number of preventative maintenance hours per month for each elevator. The periodic PMS must reflect the 12-month contract year cycle, beginning upon contract award Annual Building Shutdowns An elevator mechanic shall be required to be on site during any shutdown. Shutdowns are on non-business hours (i.e.: 5:30 pm to 8:00 am business days, 24 hours on weekends and holidays.) There is one regularly scheduled shutdown occurring each year. The scheduled shutdown will require one elevator mechanic to be on site for the duration of the shutdown. Shutdown durations are approximately eight hours. The cost of these scheduled shutdowns will be separately compensated via the time and material rates bid. 4 SERVICE REQUIREMENTS 4.1 Emergency Callback Service The Contractor shall provide 24-hour-a-day, 7 days-a-week, emergency callback service, at no added cost to the State, under which a journeyman elevator mechanic will report to the site of the emergency when requested by the Agency Representative or those persons designated by the Agency Representative, in accordance with the following schedule: Within one (1) hour after receipt of request for any stalled elevator with trapped passengers, or any elevator designated in the contract as being essential to the facilities operation. Mini-bid project definitions will designate if an elevator is classified as essential or non-essential. Within the first two (2) regular work hours of the next regular working day for any other elevators covered by this contract. Page 9 of 45

11 Please note, the only situation that User Agencies would be responsible for paying the premium portion of overtime wages is if passengers are trapped, during other than normal working hours, in an elevator that is not designated as essential. 4.2 Equipment to Be Maintained * Freight Elevators authorized to carry passengers must be maintained and inspected as passenger elevators. Legend for Elevators to be serviced at both State Office Buildings *Machine Type **Usage Category ***Manufacturer GD - Geared Drum P - Passenger A - Armor GT - Geared Traction F - Freight B - Burlington GL - Gearless K - Kitchen D - Dresser HO - Hydraulic (Oil) S - Service G - Graves E- Electric H - Haughton GE- Geared Electric M - Mohawk MG Montgomery O - Otis S - Sedgewick W - Westinghouse CONTINUED ON FOLLOWING PAGE Page 10 of 45

12 1) Adam Clayton Powell, Jr. Elevators to be serviced Building/Location ADAM CLAYTON POWELL JR. STATE OFFICE BUILDING, 163 WEST 125TH STREET, NEW YORK, NY Elevator (E) Escalator (ES) Number * Machine Type ** usage Category Speed in Feet per Minute (FPM) Number of Travel Floors Number of Openings Load Capacity *** Manufacturer E 1 GL P W Y E 2 GL P W N E 3 GL P W N E 4 GL P W N E 5 GL P W N E 6 GL P W N E - 7 GL P W N E - 8 GL P W Y E - 9 GE F W Y Essential (Yes or No) Authorized User s List of Identified Pre-Maintenance Repairs Building ADAM CLAYTON POWELL JR. STATE OFFICE BUILDING Elevator (E) / Escalator (ES) Number: Elevators 1-9 Repair Known Deficiencies: Item # 1 Replace Elevator Monitor and CPU at Security Desk: Monitors elevator locations at Security Desk. Current CPU has failed. 2 E 1 Intercom system not functioning 3 E 2 Intercom system not functioning 4 E 3 None 5 E 4 Intercom system not functioning 6 E 5 Intercom system not functioning 7 E 6 Intercom system not functioning 8 E - 7 Intercom system not functioning 9 E - 8 Intercom system not functioning 10 E - 9 Intercom system not functioning CONTINUED ON FOLLOWING PAGE Page 11 of 45

13 2) Shirley A. Chisholm Elevators to be serviced Building/Location SHIRLEY A. CHISHOLM STATE OFFICE BUILDING, 55 HANSON PLACE OFFICE BUILDING, BROOKLYN, NY Elevator (E) Escalator (ES) Number * Machine Type ** usage Category Speed in Feet per Minute (FPM) Number of Travel Floors Number of Openings Maximum Capacity Manufacturer Essential (Yes or No) E 1 GL P DO Y E 2 GL P DO N E 3 GL P DO N E 4 GL P DO N E 5 GL P DO N E 6 GL P DO N E 7 GT F (B-Roof) DO Y Authorized User s List of Identified Pre-Maintenance Repair Building/Location Repair Item # SHIRLEY A. CHISHOLM STATE OFFICE BUILDING Elevator (E) / Escalator (ES) Number: Elevators 1-7 Known Deficiencies: (E) CODE Description 1 All A Repair or install car door restricting device 2 2,4,5,6 A17.1- Repair emergency lights ,4,5 A Repair alarm in elevator car 4 All A Provide maintenance records 5 Car 2 Need electrical contact added to pit door 6 All ADA Car must be level within.5 inches of landing floor 7 Car 1 Repair damaged call button 8 All A Car lighting must meet 5ftc for passenger elevators 2.5ftc for freight elevators and 2ftc for emergency lighting END SERVICE REQUIREMENTS SECTION Page 12 of 45

14 5 TERM 5.1 Contract Term The service contract will commence July 24, On-site services at the Shirley A. Chisholm Building will begin July 24, On-site services at the Adam Clayton Powell Jr. Building will begin no sooner than July 24, 2013 and no later than September 10, 2013 OGS to provide confirmation of date in the near future. The contract will terminate on March 15, Cancellation for Convenience The State of New York retains the right to cancel this contract without reason provided that the Contractor is given at least sixty (60) days notice of its intent to cancel. 6 M/WBE GOALS 6.1 M/WBE Utilization Goal Requirements In accordance with Article 15-A of the New York State Executive Law and regulations adopted pursuant thereto, OGS has established separate goals for participation of New York State Certified minority and women-owned business enterprises for State contracts. OGS is required to implement the provisions of Article 15-A and 5 NYCRR Part 143 for all State contracts (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing and (2) in excess of $100,000 for real property renovations and construction. For purposes of this procurement, OGS hereby establishes a goal of 5% for Minority-owned Business Enterprises (MBE) participation and 0% for Women-owned Business Enterprises (WBE) participation. As a condition of this procurement, the contractor and OGS agree to be bound by the provisions of 316 of Article 15-A of the New York State Executive Law regarding enforcement. Contractors must document good faith efforts to provide meaningful participation by New York State Certified M/WBE subcontractors or suppliers in the performance of this contract. For guidance on how OGS will determine a contractor s good faith efforts, refer to 5 NYCRR Additionally, Offerors must refer to Appendix B of this document for the forms that must be provided in order to fully comply with Article 15-A of the New York State Executive Law and 5 NYCRR Part COST EVALUATION 7.1 Cost Evaluation Instructions These following award criteria apply to Project Definition #1835. In this section, contract refers to the contract resulting from this mini-bid. Page 13 of 45

15 A contract will be awarded to the responsible low bidder for all of the work specified herein on an evaluated basis. The Contractor is to provide a fixed price for full service maintenance work on the elevators to include all per diem expenses, testing, adjustments, repairs, lubrication, etc. In addition, the Contractor will provide the State a "time and materials" cost for any repairs not covered by Section 4. Since this is a full service contract as specified herein, such repairs would be limited to vandalism, fire, acts of God, negligence by the State, or other unusual circumstances. The time and materials portion of the bid shall be computed as follows: for the time charge, multiply the percent markup (provided by contractor) over the current prevailing wage rate plus supplemental benefits (provided by user agency) at the time of the bid, by the estimated number of hours (provided by user agency) that will be required; and, for the materials charge multiply the percent markup (provided by contractor) over the Contractor s cost for parts and materials by the estimated total dollar value of materials and parts (provided by user agency) that may be required. 7.2 Example Cost Evaluation These are estimated figures only and the Contractor will be paid only for the actual time and/or materials that are utilized, whether more or less than the estimated amounts. However, the Contractor s percent markup bids will remain constant. An example of bid evaluation follows: Contractor "A" Total Maintenance Bid bid line A.2 $80, Prevailing wage is $54.60/hour x mark up 50% x estimated 50 hours bid line B.4 $4, Material markup 25% x estimated $1, bid line C.3 $1, Pre-Maintenance Repairs bid line D $5, TOTAL BID bid line E $90, Contractor "B" Annual cost for maintenance - bid line A.2 $84, Prevailing wage is $54.60/hour x mark up 40% x estimated 50 hours bid line B.4 $3, Material markup 20% x estimate $1, bid line C.3 $1, Pre-Maintenance Repairs bid line D $5, TOTAL BID bid line E $94, Page 14 of 45

16 Note: Therefore, on the basis of the computations used, Contractor "A" is the low bidder even though the prevailing wage markup and material markup were higher than that of Contractor "B". For the purpose of this evaluation OGS will utilize the wages and supplemental benefits given from the NYC Office of the State Comptroller, Bureau of Labor Law 220 Prevailing Wage Schedule for elevator constructor and first year elevator apprentice. Please note that the actual prevailing wage rate paid will be the then applicable current wage plus applicable supplemental benefits at the time the work is performed. After award of mini-bid, at the time the Contractor submits an actual price quote for work under the time and materials portion of the contract, Contractors must submit to OGS, a prevailing wage schedule for the County the work is to be performed in. Contractors shall have full responsibility for paying their employees the correct prevailing wages. Page 15 of 45

17 ATTACHMENT 1 Bid Proposal Form OGS, Financial Administration County: Albany CONTRACT NO. NOTE: Bid Proposal Form shall be completed and signed in triplicate herein. agrees to provide all necessary maintenance and repairs in accordance with the specifications in the NYS Comptroller s Contract No. and this Agency Project Definition for elevator equipment* located at the Adam Clayton Powell Jr. State Office Building for the price bid below. The contractor further certifies that these prices do not exceed his/her bid prices in such statewide contract: 1) Adam Clayton Powell Jr. State Office Building Elevator Price Per Month ($) Number A.1 Total Monthly Bid: $ /mo. *Elevators corresponding to the table in Section 5 A.2 Total Maintenance Bid (Lump Sum Maintenance Bid for all units elevators, escalators or dumbwaiters in building (< A.1 Total Monthly Bid X 12>): $ /yr. B.1 - Prevailing Wage Rate for Mechanic (as a portion of team rate): $91.49 B.2 - Prevailing Wage Rate for Apprentice (as a portion of team rate): $52.27 B.3 - Prevailing Wage Rate for Constructor Team (B.1 + B.2): $ B.4 - Percent Mark Up Bid over Prevailing Wage Rate for Team: % Page 16 of 45

18 B.5 - Estimated Annual Repair hours: 500 hours/yr. B.6 - Total Annual Repair Bid [B3 x B4 + B3] multiplied by B.5: $ /yr. PARTS / MATERIALS NOT DEFINED BY MAINTENANCE SPECIFICATIONS: C.1 - Percent Mark Up Bid over Documented Cost from Mfg.: % C.2 - Yearly Estimate of Parts/Materials Cost: $ 25, /yr. C.3 - Total Parts Bid (C.1 x C.2 + C.2): $ /yr. PRE-MAINTENANCE REPAIRS (See Pre-Maintenance Repairs List - Section 4, 4.2, A.1) Repair Item # 1 $ Repair Item # 2 $ Repair Item # 3 $ Repair Item # 4 $ Repair Item # 5 $ Repair Item # 6 $ Repair Item # 7 $ Repair Item # 8 $ Repair Item # 9 $ Repair Item # 10 $ D. - Total Pre-maintenance Repairs Bid: $ E. - Grand Total Annual Bid for Adam Clayton Powell Jr. State Office Building (A3 + B.6 + C.3 + D): $ /yr. Has Bidder Performed Site Visit and Inspection of All Units Designated in This Bid? (Yes or No) Page 17 of 45

19 CONTRACT NO. OGS, Financial Administration County: Albany NOTE: Bid Proposal Form shall be completed and signed in triplicate herein. agrees to provide all necessary maintenance and repairs in accordance with the specifications in the NYS Comptroller s Contract No. and this Agency Project Definition for elevator equipment* located at the Shirley A. Chisholm State Office Buildings for the price bid below. The contractor further certifies that these prices do not exceed his/her bid prices in such statewide contract: 2) Shirley A. Chisholm State Office Building Elevator Price Per Month ($) Number A.1 Total Monthly Bid: $ /mo. *Elevators corresponding to the table in Section 5 A.2 Total Maintenance Bid (Lump Sum Maintenance Bid for all units elevators, escalators or dumbwaiters in building (<A.2 Total Monthly Bid X 12>): $ /yr. B.1 - Prevailing Wage Rate for Mechanic (as a portion of team rate): $91.49 B.2 - Prevailing Wage Rate for Apprentice (as a portion of team rate): $52.27 B.3 - Prevailing Wage Rate for Constructor Team (B.1 + B.2): $ B.4 - Percent Mark Up Bid over Prevailing Wage Rate for Team: % B.5 - Estimated Annual Repair hours: 500 hours/yr. Page 18 of 45

20 B.6 - Total Annual Repair Bid [B3 x B4 + B3] multiplied by B.5: $ /yr. PARTS / MATERIALS NOT DEFINED BY MAINTENANCE SPECIFICATIONS: C.1 - Percent Mark Up Bid over Documented Cost from Mfg.: % C.2 - Yearly Estimate of Parts/Materials Cost: $ 25, /yr. C.3 - Total Parts Bid (C.1 x C.2 + C.2): $ /yr. PRE-MAINTENANCE REPAIRS (See Pre-Maintenance Repairs Section 4, 4.2, A.2) REPAIR ITEM # 1 $ REPAIR ITEM # 2 $ REPAIR ITEM # 3 $ REPAIR ITEM # 4 $ REPAIR ITEM # 5 $ REPAIR ITEM # 6 $ REPAIR ITEM # 7 $ REPAIR ITEM # 8 $ D. - Total Pre-maintenance Repairs Bid: $ E. - Grand Total Annual Bid for Shirley Chisholm State Office Building (A3 + B.6 + C.3 + D): $ /yr. Has Bidder Performed Site Visit and Inspection of All Units Designated in This Bid? (Yes or No) Page 19 of 45

21 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS December, 2012 PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. Page 20 of 45

22 TABLE OF CONTENTS 1. Executory Clause 2. Non-Assignment Clause 3. Comptroller s Approval 4. Workers Compensation Benefits 5. Non-Discrimination Requirements 6. Wage and Hours Provisions 7. Non-Collusive Bidding Certification 8. International Boycott Prohibition 9. Set-Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of Reciprocity and Sanctions Provisions 22. Compliance with New York State Information Security Breach and Notification Act 23. Compliance with Consultant Disclosure Law 24. Procurement Lobbying 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors Page 21 of 45

23 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee

24 or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is Page 23 of 45

25 participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee s Federal employer identification number, (ii) the payee s Federal social security number, and/or (iii) the payee s Bidder Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, Page 24 of 45

26 the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100, whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100, whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor s equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, Page 25 of 45

27 labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25, for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development s Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by Page 26 of 45

28 the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York Telephone: Fax: A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development Page 27 of 45