Texas Tech University
RFP for Elevator Maintenance
REQUEST FOR PROPOSAL
RFP Number:
2016-714
Elevator Maintenance
PROPOSALS MUST BE RECEIVED BEFORE:
4:00 p.m. Central, Friday, March 25th, 2016
NOTE: Proposal must be submitted in the TechBid website
https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech
before the hour and date specified for receipt of proposal.
Sealed proposals will be received until the date and time established for receipt. After receipt, only the
names of proposers will be made public. Prices and other proposal details will only be divulged after the
award of a Contract, if one is made.
REFER INQUIRIES TO:
Cathy Clifford
Texas Tech University
Procurement Services
Email: Cathy.clifford@ttu.edu
Texas Tech University
RFP for Elevator Maintenance
TABLE OF CONTENTS
SECTION 1 GENERAL INFORMATION
1.1
Introduction
1.2
Information about Texas Tech University
1.3
Scope of Goods and/or Services
1.4
Term of Award
1.5
Schedule of Events
1.6
TTU’s Right to Reject
1.7
Historically Underutilized Business (HUB) Firms
1.8
Definitions/Glossary of Terms
5
SECTION 2 PROPOSAL REQUIREMENTS AND PROCEDURES
2.1
Questions by Proposers
2.2
Communications with TTU Personnel
2.3
Proposal Formatting and Presentation Requirements
2.4
Submittal Instructions for Online (TechBid) Proposals
2.5
HUB Subcontracting Plan
2.6
Right to Modify, Rescind, or Revoke RFP
2.7
Signature and Certification of Proposer
2.8
Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents
Policies, TTU Policies and Procedures
2.9
Compliance with RFP Requirements
2.10 Binding Effect of Proposal
2.11 Use and Disclosure of Information
2.12 Validity Period
2.13 Extension of Pricing and Terms and Conditions
2.14 Withdrawal or Modification
2.15 Risk of Loss, Damage, Delay
2.16 Proposal Opening
9
SECTION 3 PROPOSAL CONTENTS
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
General Scope
Definitions
Qualifications
Proposal Pricing
Proposals related to Exhibit D
Qualifications
Internet Assessable Database (IAD)
Checklists
Bonds and Guarantees
Local Mechanics and Office Address
Logs
14
Texas Tech University
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
SECTION 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
RFP for Elevator Maintenance
Prints and Schematics
Annual Costs and Adjustments
Payment
Inspections
Work Hours and Overtime
Callbacks
Scope of Work
Frequencies and Downtime
Parts
Scope of Work Not Covered
Emergency Evacuation of Passengers
IAD Database
Safety
EVALUATION CRITERIA FOR AWARD
Evaluation Process
Proposer’s Acceptance of Evaluation Methodology
Evaluation Criteria and Weights
Consideration of Additional Information
Oral Presentations
Award Process
Best and Final Offer
Award of Contract
Proposer/Vendor Protest
25
SECTION 5 PROPOSER’S QUESTIONNAIRE
27
SECTION 6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
28
GENERAL TERMS AND CONDITIONS
General
Publicity
Independent Vendor Status
Subcontractors
Insurance Requirements
Acceptance of Products and Services
Infringement of Patents and Copyrights
Taxes
Technology Access
Federal Funding
Time of Performance
Default
Termination
Contract Amendments
Texas Tech University
RFP for Elevator Maintenance
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24
6.25
Access to Documents
Right to Audit
Non-Disclosure
Severability
Non-Waiver of Defaults
Assignment
Texas Public Information Act
Registration of Sex Offenders
Indemnification
Governing Law
Dispute Resolution
SECTION 7 EXECUTION OF OFFER AND AFFIRMATIONS
EXHIBIT A ELEVATOR LOCATIONS
EXHIBIT B HOURLY COMPENSATION RATES
EXHIBIT C MONTHLY FIRE SERVICE TEST LOG
EXHIBIT D PRE-EXISTING CONDITIONS EXCEPTION
PROJECT ACKNOWLEDGEMENT
35
Texas Tech University
RFP for Elevator Maintenance
SECTION 1
GENERAL INFORMATION
1.1
Introduction
Texas Tech University (“TTU”) is seeking competitive responses to a Request for Proposal (“RFP”) for
Elevator Maintenance for Texas Tech University. This RFP provides sufficient information for interested
parties to prepare and submit proposals for consideration by TTU. Additional information may be made
available by written request to the purchaser indicated in the section entitled “Questions by Proposers.”
There will be a MANDATORY pre-proposal meeting on Tuesday March 8th, 2016 at starting at 2:00
pm in Lubbock, Texas, TTU, Physical Plant, Flint Avenue and Main Street, Basement Auditorium,
Room 9.
A MANDATORY job site inspection is also required. Vendors will be required to sign in for each
session. The inspections will be Wednesday and Thursday, March, 9 and 10, 2016, starting at 8:00
AM in Lubbock Texas, Texas Tech University Physical Plant, Flint Avenue and Main Street,
Basement Auditorium, Room 9. The inspections will continue until all units have been seen.
Vendors missing two (2) or more inspection days shall be disqualified from submitting a proposal.
Company representative(s) in attendance shall have adequate background and experience in the
elevator industry to allow proper evaluation of existing elevator conditions or be a carded mechanic
as a minimum.
Please email the purchaser listed in the section entitled “Questions by Proposers,” and indicate the number
of people attending all mandatory meetings for your company NO LATER THAN March 7th,, 2016 at
3:00 PM central.
Any clarifications resulting from the pre-proposal meeting and/or the site visit will be answered by an
addendum to these specifications. Addendums will be provided to representatives who attended the preproposal meeting and mandatory job site inspection only.
Once the RFP has closed and the proposals have been reviewed, the qualified proposers may be contacted
to schedule a presentation if needed. The presentation shall demonstrate as a minimum, the use of the
Internet Accessible Database (IAD) showing all required unit conditions stated in as well as company
experience with various manufacturers’ units and control devices.
Driving directions to the TTU campus are available at www.ttu.edu/campusmap/, and information about
parking can be found at www.parking.ttu.edu/default.aspx, including information for vendors and Park &
Pay.
Each proposal should be prepared simply and economically, providing a straightforward, concise
description of the proposer’s ability to meet the requirements of this RFP. Emphasis should be on
completeness, clarity of content, responsiveness to the requirements, and an understanding of TTU’s needs.
By submitting proposals, each proposer certifies understanding with the requirements of this RFP and has
full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed
requirements of the services to be provided, and the conditions under which the services are to be
performed. Each proposer also certifies that it understands that all costs relating to preparing and
responding to this RFP will be the sole responsibility of the proposer. If selected by TTU, the vendor will
notify TTU immediately of any material change in any matters with regard to which the vendor has made a
statement or representation or provided information.
Proposers are cautioned to read the information contained in this Request for Proposal (RFP) carefully and to submit a complete
response to all requirements and questions as directed.
Texas Tech University
1.2
RFP for Elevator Maintenance
Information about Texas Tech University
Texas Tech University is a component of the Texas Tech University System. As a state/public
institution of higher education, TTU is governed by the State legislature and its statutes and by TTU
policies. In addition, as a recipient of federal funding, the University must comply with federal
regulations including Circulars A-110 and A-21.
Founded in 1923, Texas Tech University prides itself on being a major comprehensive research
university that retains the sense of a smaller liberal arts institution. TTU is the largest
comprehensive higher education institution in the western two-thirds of the state of Texas, with a
region larger than 46 of the nation’s 50 states. Enrollment is over 36,000 students from all 50 states
and more than 100 foreign countries. TTU offers 150 undergraduate degree programs through 11
academic colleges. Through the graduate school and school of law, our students are offered more
than 100 master’s degree programs and over 50 doctoral degree programs. Texas Tech is accredited
by the Commission on College of the Southern Association of Colleges and Schools. TTU is
designated as a National Research University Fund school. In athletics, TTU is a member of the
highly competitive Big 12 Conference.
1.3
Scope of Goods and/or Services
The specifications within this RFP include providing all materials, tools, insurance, equipment, labor,
travel, services, permits and licenses necessary for the maintenance and callback services of elevators
as specified herein for Texas Tech University
1.4
Term of Award
The contract shall be effective for a period of four (4) years from the date of signing. Any contract
may be renewed for up to four (4) one-year renewal terms upon mutual agreement of the parties, to
be evidenced in writing prior to the expiration date of the initial term.
In accordance with Board of Regents policy 7.12, the contract will require a no fault cancellation
clause of 120 days or less.
1.5
Schedule of Events
TTU will make a good faith effort to follow the timeline below for evaluating, negotiating and
issuing an award:
Distribution of RFP........................................................... Wednesday, February 24, 2016
Mandatory Pre-Proposal Meeting.................................... Tuesday, March 8th, 2016
Mandatory Inspection Walk Through……………….. Wednesday and Thursday, March 9&10, 2016
Deadline for Submission of Written Questions……. .. Friday, March 18, 5:00 PM Central
Deadline for Submission/Delivery of Proposals…… . Friday, March 25, 4:00 PM Central
Evaluation of Proposals .................................................... March 25 –March 31 2016
Award Recommendation .................................................. April 1, 2016
Board of Regents Approval .............................................. May 21, 2016
* All dates are tentative and subject to change
Texas Tech University
1.6
RFP for Elevator Maintenance
TTU’s Right to Reject
This RFP does not commit TTU to select a proposer or to award a Contract to any proposer. TTU
reserves the right to accept or reject, in whole or in part, any proposal it receives pursuant to this RFP.
Proposals which are qualified with conditional clauses or alterations or items not called for in the RFP
documents, or irregularities of any kind, are subject to disqualification by TTU at its option. If TTU
receives fewer than three proposals, TTU has the right to reissue this RFP in order to gain additional
competitive proposals.
1.7
Historically Underutilized Business (HUB) Firms
TTU endeavors to promote full and equal opportunity for businesses to supply TTU with goods and/or
services that are necessary to support TTU’s educational mission. In this regard, TTU commits to select
proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) HUB goals and guidelines established
by the Texas legislature and Texas Procurement and Support Services (TPASS), and (iv) TTU policies and
procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized
Businesses http://www.depts.ttu.edu/opmanual/OP72.12.pdf . Vendors shall allow TTU full access to
documentation relating to HUB program and any HUB Subcontracting plans. Failure to comply with any
provision of the state or University’s HUB regulations may result in immediate cancellation of any
Contract.
Vendors shall be awarded evaluation points based on HUB qualification or HUB subcontractor utilization.
For vendors who are not qualified as a HUB vendor, the Mentor-Protégé program provides for HUB
utilization credit. For additional information about the Mentor-Protégé program please see the link:
http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/ or email
techbuy.purchasing@ttu.edu.
1.8
Definitions/Glossary of Terms
Addendum—An addition or supplement to a solicitation document. Addenda are issued prior to the
proposal opening date.
Contract—A written document referring to promises for which the law establishes enforceable duties and
remedies between a minimum of two (2) parties.
Award—The act of accepting a bid, proposal or offer; thereby resulting in a Contract between TTU and a
vendor.
Best and Final Offer (BAFO)—The result of final negotiations with responsive vendors during the RFP
process.
Escalation Clause—Provision in an Contract that allows for increasing or decreasing the contracted price
for goods or services in step with market prices, an agreed-upon benchmark such as the consumer price
index, or when maintenance and operating costs go up or down.
Fiscal Year (FY)—The 12-month period covered by the State of Texas’s yearly budget, September 1
through August 31.
Proposal—An offer submitted by a vendor in response to an RFP intended to be used as a basis to
negotiate a Contract.
Proposer—The supplier of goods and/or services who submits a proposal in response to the RFP. Note:
The terms “proposer” and “vendor” may be used interchangeably in the RFP depending on the stage in
which the supplier of goods and/or services is with regard to doing business with TTU.
Purchase Order—A signed written acceptance of an offer from a vendor. A purchase order may serve as
the legal and binding Contract between parties.
Texas Tech University
RFP for Elevator Maintenance
Request for Proposal (RFP)—A formal solicitation requesting submittal of a proposal in response
to the required scope of services that usually includes some form of a cost proposal.
TechBid—TTU’s online system for posting notifications for formal solicitation opportunities. The
website is
(https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).
Vendor—A supplier of goods and/or services that is awarded and Contract with TTU.
Texas Tech University
RFP for Elevator Maintenance
SECTION 2
PROPOSAL REQUIREMENTS AND PROCEDURES
2.1
Questions by Proposers
Questions must be submitted in writing by the date indicated in the section entitled “Schedule of Events.”
The questions, written TTU response, and addenda related to the RFP, if any, will be posted on the
TechBid website
(https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech). Only those
replies to inquiries which are made by formal written addenda shall be binding. Oral and other
interpretations or clarification will be without legal effect. If TTU determines a question has been
sufficiently answered in the RFP, the inquiring proposer will be referred to the relevant section of the RFP.
Note: It is the responsibility of the proposer to check the TechBid website for any and all addenda
posted for this RFP. For any problems encountered with the TechBid system, please email
techbuy.purchasing@ttu.edu.
Questions must be emailed to the following purchaser:
Cathy Clifford, Section Manager
Cathy.Clifford@ttu.edu
Texas Tech University
Drane Hall Room 354
Box 41094
Lubbock, TX 79409-1094
2.2
Communications with TTU Personnel
Except as provided in this RFP and as otherwise necessary for the conduct of ongoing TTU
business operations, proposers are expressly and absolutely prohibited from engaging in
communications with university personnel who are involved in any manner in the review
and/or evaluation of the proposals, selection of a proposer, and/or negotiation or
formalization of a Contract. If any proposer engages in conduct or communications that TTU
determines is contrary to the prohibitions set forth in this section, TTU may, at its sole discretion,
disqualify the proposer and withdraw the proposer’s proposal from consideration.
Any notice under this Contract shall be in writing and delivered to the party to be notified. Notice
will be effective upon delivery or four (4) business days after the date of mailing. The name and
address of the person who may be contacted on behalf of TTU for purposes of notice is the
purchaser indicated in section 2.1.
Texas Tech University
2.3
RFP for Elevator Maintenance
Proposal Formatting and Presentation Requirements
2.3.1
The proposal itself must contain all the components in the following order:







2.4
2.5
Background of the proposer
Proposer’s responses to the section entitled “Questionnaire”
Schedule of costs and fees
Scope of work, including a program overview
Insurance and bonds
HUB subcontracting plan (required for proposals valued at ≥ $100,000; see the section
entitled “HUB Subcontracting Plan”)
Signed affirmations
2.3.2
The response must include a transmittal cover page, including the RFP Name and RFP
Number from the cover page of the solicitation.
2.3.3
The response should include a table of contents, which should contain sufficient detail to
facilitate easy reference to the sections of the proposal, as well as separate attachments.
2.3.4
Preprinted material should be referenced in the proposal and included as labeled
attachments, provided as a separate section of the proposal and clearly identified in the table
of contents
2.3.5
All pages are to be typed on 8 ½ x 11-inch paper and numbered sequentially.
Submittal Instructions for Online (TechBid) Proposals
2.4.1
TTU requires that all proposals be submitted using the TechBid system at
(https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).
2.4.2
Proposals must be signed by the responding company’s official authorized to commit such
proposals. Failure to sign the Execution of Offer will be basis for proposal
disqualification. The TechBid system contains a mandatory “Bidder Affirmation”
checkbox certifying this information. By submitting their proposal online, proposers
automatically qualify as having a valid signature.
2.4.3
All proposals must be submitted online no later than the date and time indicated in the
section entitled “Schedule of Events.”
2.4.4
Proposers must verify that all components referenced in 2.3.1 have been attached and
submitted online.
HUB Subcontracting Plan
TTU has determined there are subcontracting opportunities. If TTU determines that there are
subcontracting opportunities, the proposer/bidder/offerer must include a subcontracting plan even
if the proposer/bidder/offerer intends to self-perform. Supporting documentation must be
submitted with the subcontracting plan. Credit can be received for first and second tier
(subcontractors of subcontractors). The proposer/bidder/offerer will receive evaluation points for
the use on any HUB subcontractor even if it is subcontract usage.
Texas Tech University
RFP for Elevator Maintenance
For assistance with preparation of the subcontracting plan, email techbuy.purchasing@ttu.edu.
A HUB Subcontracting Form must be completed and returned with any bid, offer or proposal to
be considered responsive if TTU has determined there is a possibility of subcontracting.
If your response to this solicitation does not include a completed HUB Subcontracting Plan,
your response shall be rejected as a material failure to comply with advertised specifications.
If a properly submitted HUB subcontracting plan contains minor deficiencies (e.g., failure to sign or
date the plan, failure to submit already-existing evidence that three HUBs were contacted), the
agency may contact the respondent for clarification to the plan if it contains sufficient evidence that
the respondent developed and submitted the plan in good faith
HSP forms can be found at
http://www.depts.ttu.edu/afism/AFISMFormRepository/ProcurementDept/forms/HUB-MergedForms.pdf
Additional information about the State of Texas HUB requirements is available on
the Texas Comptroller’s website under the “Historically Underutilized Business (HUB) Program”
link http://www.window.state.tx.us/procurement/prog/hub/.
TTU is relying upon the Bidder’s or Proposer’s expertise to fully identify subcontracting
opportunities that best align with their organization and this procurement request. Proposers, who
intend to subcontract, are responsible for identifying all areas that will be subcontracted. In
accordance with 34 TAC §20.11, a subcontractor means a person who contracts with a prime
contractor to work, to supply commodities, or contribute toward completing work for a
governmental entity.
The University’s Purchasing Goals are:
(1) 11.88 % for heavy construction other than building contracts;
(2) 12.63 % for all building construction, including general contractors and operative builders'
contracts;
(3) 26.19 % for all special trade construction contracts;
(4) 21.61 % for professional services contracts;
(5) 12.9 % for all other services contracts; and
(6) 29.66% for commodities contracts
2.6
Right to Modify, Rescind, or Revoke the RFP
TTU reserves the rights to modify, rescind, or revoke this RFP in whole or in part at any time prior
to the date on which the authorized representative of TTU executes a Contract with the selected
proposer.
2.7
Signature and Certification of Proposing Vendor
The proposal must be signed and dated by a representative of the proposer who is authorized to
bind the proposing vendor to the terms and conditions contained in this RFP and to compliance
with the information submitted in the proposal. Each proposer submitting a proposal certifies to
both (a) the completeness and accuracy of the information provided in the proposal and (b) the
authority of the individual whose signature appears on the proposal to bind the proposer to the
terms and conditions set forth in this RFP. Proposals submitted without the required signature shall
be disqualified.
Texas Tech University
2.8
RFP for Elevator Maintenance
Compliance with Applicable Laws, Regulations, Ordinances, Board of Regents Policies,
TTU Policies and Procedures
By submitting a proposal, the proposer agrees to and shall comply with all applicable local, state, and
federal laws and regulations, as well as with all applicable policies and procedures of the Texas Tech
University System and Texas Tech University. University policies and procedures may be accessed
at http://www.depts.ttu.edu/opmanual/.
2.9
Compliance with RFP Requirements
By submitting a proposal and by signing Section 7 of this RFP, a proposer agrees to be bound by the
requirements set forth in this RFP and also agrees to be bound by Section 6 terms and conditions,
which will govern any contract awarded by TTU. TTU, at its sole discretion, may disqualify a
proposal from consideration if TTU determines a proposal is non-responsive and/or non-compliant
in whole or in part with the requirements set forth in this RFP.
2.10
Binding Effect of Proposal
Unless otherwise agreed in writing signed by the Managing Director of Procurement Services, each
proposer agrees to and shall be bound by the information and documentation provided with the
proposal, including prices quoted for services.
2.11
Use and Disclosure of Information
Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to
comply with the Texas Public Information Act Texas Gov't Code Ch. 552. If a proposal includes
proprietary data, trade secrets, or information the proposer wishes to except from public disclosure,
then the proposer must specifically label such data, secrets, or information as follows:
"PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent
permitted by law, information labeled by the proposer as proprietary will be used by TTU only for
purposes related to or arising out of the (a) evaluation of proposals, (b) selection of a proposer
pursuant to the RFP process, and (c) negotiation and execution of a Contract, if any, with the
proposer selected.
If the Proposer marks the whole Proposal or substantive portions of the Proposal as confidential,
TTU in its sole discretion may declare the proposal non-responsive.
By submitting a Proposal, Proposer hereby grants a limited license to reproduce the Proposal in
order to comply with any legal requirement including but not limited to the Texas Public
Information Act and legislative budget board requirements.
2.12
Validity Period
Proposals are to be valid for TTU’s acceptance for a minimum of 270 days from the submittal deadline
date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall
remain valid for the duration of the Contract.
Texas Tech University
2.13
RFP for Elevator Maintenance
Extension of Pricing and Terms and Conditions
Proposers are requested to extend the pricing and all terms and conditions offered in their proposal to state
agencies listed as institutions of higher education as defined by Section 61.003, Education Code, Gov’t
Code Section 2155.134, as well as other State of Texas “Certified,” public educational entities. In the event
an award is made, the individual agencies may or may not elect to use the Contract.
2.14
Withdrawal or Modification
No proposal may be changed, amended or modified after it has been submitted or filed in response to this
solicitation, except for obvious errors in extension or as part of the negotiating process which are approved by
the Director of Procurement Services. However, a proposal may be withdrawn and resubmitted any time prior
to the time set for receipt of proposals. Modifications will be allowed in the TechBid website until the deadline
for proposal submittals. No proposal may be withdrawn after the submittal deadline without approval by
TTU, which shall be based on proposer’s submittal in writing of a reason acceptable to TTU.
2.15
Risk of Loss, Damage, Delay
Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of
Regents, officers, employees, agents and personnel, from and against any and all claims, liability, damages
and costs, including court costs and attorneys' fees, arising out of or pursuant to submission or delivery of
the proposal or failure to submit or deliver the proposal to the Procurement Services at Texas Tech
University, as designated in the submittal instruction sections of this RFP.
2.16
Proposal Opening
Proposals will be opened at Texas Tech University, Drane Hall Building, Room # 354 after the deadline.
The proposal opening process is open to the public. For convenience, proposers wanting a list of proposals
submitted can email the TTU contact person listed in section 2.1 after the opening requesting a list of
proposals received. All submitted proposals become the property of TTU after the RFP submittal
deadline/opening date and will not be returned.
Texas Tech University
RFP for Elevator Maintenance
SECTION 3
PROPOSAL CONTENTS/DETAILS
3.1
GENERAL SCOPE
3.1.1 These specifications include providing all materials, tools, insurance, equipment, labor, travel,
services, permits, and licenses necessary for the maintenance and callback services of elevators
as specified herein for Texas Tech University. In addition, TTU will from time to time,
request services to upgrade existing elevators.
3.1.2 See Exhibit A for a listing of elevators and locations.
3.2
DEFINITIONS
3.2.1 Wherever the initials QEI are used, it shall be interpreted as a Qualified Elevator Inspector
who is certified as a Texas State Inspector.
3.2.2 Wherever the term unit is used, it shall be interpreted as an elevator / wheelchair lift / dock
lift /material lift /escalator included in this maintenance contract.
3.2.3 Wherever the term A17.1, A17.2, A17.3, A18.1, NEC, and the Elevator Industry Field
Employee’s Safety Handbook(published by Elevator World) is used, it shall be interpreted as
the latest edition as adopted by the State of Texas.
3.2.4 Special events are defined as, but not limited to, athletic events (football, basketball &
volleyball games), graduation ceremonies, concerts, etc.
3.3
QUALIFICATIONS
3.3.1 Proposals will be considered only from Vendors who are established in the elevator service
business for at least the past four (4) consecutive years. Vendors shall not be debarred from
conducting business with the State of Texas of the federal government. Vendors shall have a
positive rating in the Texas Comptroller’s vendor performance system or with TTU based on
historical performance.
3.3.2 The Vendor’s attention is directed to the fact that all applicable state laws and the rules and
regulations of all authorities having jurisdiction, which relate to the performance of the work,
the protection of adjacent property and the maintenance of protective facilities, shall apply to
the contract. Each Vendor shall be familiar with all applicable federal, state and local laws,
codes (including ASME A17.1, A17.2, A17.3, A18.1, NEC, and the Elevator Industry Field
Employee’s Safety Handbook, etc.), ordinances, rules and regulations that may in any way
affect the work. Ignorance of such on the part of the Vendor shall not relieve it from
responsibility there under.
3.3.3 Proposals will only be accepted to render full maintenance and callback service, including
upgrade products and services as specified herein on the selected units in Exhibit A and any
additional units brought online during the term of the agreement.
Texas Tech University
3.4
RFP for Elevator Maintenance
PROPOSAL PRICING
3.4.1 Each Vendor shall annotate on Exhibit A their proposal for each elevator for unit cost/hour, monthly
cost, and extend that to an annual cost. This is the base contract amount. Excel listing of elevators
will also be provided.
3.4.2 Hourly Compensation Rates shall include but not necessarily limited to Exhibit B
and each proposer shall annotate the following:
[a] Hourly cost for straight time
[b] Hourly cost for overtime callbacks (5:00 p.m. to 8:00 a.m. Monday through Friday and all
day Saturday)
[c] Hourly cost for Sunday and Holiday callbacks
[d] Hourly cost for Special Events standby
[e] Unit cost for additional services related to upgrading existing units. Vendor shall also
include a maximum cap on equipment or product mark-up.
3.5
PROPOSALS RELATED TO EXHIBIT D
3.5.1 Each Vendor shall submit a Pre-Existing Conditions Exceptions form stating Building, Elevator,
description, and cost for any anticipated repair. The form shall be submitted to the TTU primary
contact prior to any repair services.
3.6
QUALIFICATIONS
3.6.1 Each Vendor shall submit with their proposal the names, qualifications, and relevant experience of
key personnel, including the contract supervisor(s), work crew supervisor(s), mechanics, and other
on-site personnel. The Vendor shall identify their role in the service contract. Provide client
references for each individual, including a current phone number and/or e-mail address.
3.6.2 Each Vendor shall submit with their proposal a list of service agreements that have been in effect
during the past four (4) years that provide service units similar to the elevators at TTU. Additionally,
the Vendor will provide a minimum of three (3) references, that TTU may contact to evaluate
experience and past performance records.
3.7
INTERNET ACCESSIBLE DATABASE (IAD)
3.7.1 The Vendor shall submit with their proposal response a sample Internet Accessible Database (IAD)
that would be accessible to TTU through the IAD showing all activities that occurred on any elevator
in the sample database over the past twelve (12) months. The IAD shall provide updated status of
each unit in Exhibit A within twenty-four (24) hours of callback, service, or preventive maintenance.
The Vendor shall keep TTU aware of unit conditions until returned to operational service. TTU,
through the IAD, shall be allowed to make inquiries at any time of any particular unit identified in
Exhibit A. The IAD shall include the following as a minimum:
[a] Service calls per unit by month, quarter, and year;
[b] Unit status (in service or out of service);
[c] Description and resolution of all service interruptions;
[d] Description and hours of each preventive maintenance procedure performed per unit as
contracted;
[e] Unit performance demonstrated in a series of graphs, the most significant being elevator inservice time;
Texas Tech University
RFP for Elevator Maintenance
[f] Vandalism reports; and
[g] Entrapments.
3.7.2 The IAD shall have the functionality to add or remove units as they are brought online or
taken offline from service.
3.8
CHECK LISTS
3.8.1 Each Vendor shall submit with their proposal a sample preventive maintenance checklist of
items for hydraulic, rope hydraulic, geared and gearless elevators, and escalators (refer to
Exhibit A for listing of TTU equipment). Additionally, the Vendor shall fully describe the
Vendor’s quality control program and how it serves to ensure effectiveness, efficiency, and
soundness in the overall performance of services under any resulting contract.
3.9
BONDS AND GUARANTEES
3.9.1 The Vendor, to whom the award is made, shall execute and deliver to TTU Procurement
Services a Performance Bond in an amount of one hundred percent (100%) of three months of
the monthly contract price (not including any additional services). This bond shall be
submitted within fifteen (15) days following notice of award, in the form and manner required
by TTU. The Performance Bond shall be renewed annually for the life of the maintenance
contract. If the contract is terminated for any reason(s) related to documented substandard
performance and as specified in the contract’s termination clauses, the performance bond will
be forfeited as liquidated damages.
3.10
LOCAL MECHANICS AND OFFICE ADDRESS
3.10.1 The Vendor shall be required to maintain a Lubbock office and provide its Lubbock office
address, the twenty-four (24) hour trouble call numbers, and the names of the local mechanics
to TTU. The Vendor must establish a commercial office in Lubbock within thirty (30) days
after contract award. Failure to establish the office within thirty (30) days shall result in
cancellation of any award and removal from consideration from a contract.
3.10.2 The Vendor shall provide a list of the local personnel for TTU approval, after the proposal is
awarded. Anyone not approved by TTU will not be allowed to perform any services under
this contract. Upon request by TTU, the Vendor shall provide complete background check
for all personnel assigned to campus.
3.10.3 The Vendor’s name shall be prominently displayed on all vehicles used by the Vendor. In the
event Vendor allows mechanics to use personal vehicles, magnetic signs for the vehicles will be
acceptable. The sign shall be on the vehicle at all times while performing services on any TTU
campus. All vehicles must be registered with TTU University Traffic and Parking office.
Vendor will be responsible for payment of any citations received for non-compliance with this
provision.
3.10.4 The Vendor’s personnel shall wear company uniforms, identifying both the company and the
employee’s identity clearly, at all times when on any TTU campus.
3.11
LOGS
3.11.1 The Vendor shall maintain a complete and orderly unit machine room with service log
showing all dates of examinations, callbacks, repairs, inspections, and a description of the
work performed per A17.1, A17.2, A17.3, A18.1, NEC, and the Elevator Industry Field
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RFP for Elevator Maintenance
Employee’s Safety Handbook. The Vendor shall conduct the monthly fire-fighters test and maintain
the applicable log. Logs will not be removed from the equipment/machine room. Blank copies of
these logs will be provided and placed in the unit machine rooms by the Vendor. A copy of the log
(Exhibit C) is attached for Vendor review. Failure to comply will result in $500.00/day for missing
log entries deduction from the monthly invoice.
3.11.2 The IAD outlined will accurately indicate all work performed on each unit. This database will
indicate who performed the work, time, and date, number of hours spent callback, preventive
maintenance or repair, and particular work done. Details of major repairs and
problem/cause/solution will be specific and be recorded where applicable. Returned to Service
(RTS) or Out of Service (OOS) will also be noted for callbacks and repairs. Copies of the IAD
records supporting the invoice amounts will be furnished to TTU upon request. TTU will provide
(OOS) Out of Service signage for any unit requiring service.
3.11.3 The Vendor shall provide TTU a key to the codes used by the Vendor. This key does not relieve the
Vendor from providing descriptions and details in plain language to items stated above.
3.11.4 The machine room service log and the IAD entries shall match and provide verification of work for
payment.
3.12
PRINTS AND SCHEMATICS
3.12.1 TTU will furnish a set of wiring diagrams for each unit, to be kept in a safe, accessible location in the
unit equipment room. Wiring diagrams will be considered as part of the elevator equipment, will be
the property of TTU, and will not be removed from that respective equipment room for any reason
without prior written approval by TTU. In the event the drawings are damaged or lost while in the
possession of the Vendor, the Vendor shall replace with equal size and quality at the Vendor’s
expense.
3.13
ANNUAL COST ADJUSTMENTS
3.13.1 All pricing shall be firm for at least twelve (12) months. Increases in pricing will be allowed at the
end of the first twelve (12) month period and each additional year with a 30 day written notice.
Pricing increases cannot exceed the CPI index for the previous calendar year.
[a] On each annual anniversary date of the agreement, the contract may be adjusted by
changes in the Consumer Price Index for Urban and Clerical Workers (CPI-W) reflecting
percentage increases or decreases. The vendor must request by letter to the University
any increase in the agreement no later than thirty (30) days from the renewal date or the
annual term.
[b] The formula for determining the amount of escalation allowable in any given contract
year shall be: Unadjusted Indexes for Current Year – Unadjusted Indexes for Previous
Year = Percent of Escalation Allowed. The contract prices for goods or services would
be the prices in effect for the previous year of the contract increased by the “Percent of
Escalation Allowed.”
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3.14
RFP for Elevator Maintenance
PAYMENT
3.14.1 The monthly invoice is equal to the proposal amount divided by twelve (12). Monthly invoices
for services under this contract shall be submitted to Texas Tech University, Physical Plant,
Elevator Contract Manager, Box 43142, Lubbock, Texas 79409-3142 or email to
operations.workcontrol.staff@ttu.edu the monthly invoice shall include each unit with the
cost. Additional Services shall be detailed providing all required information and the relevant
pricing amounts. Invoices shall include completed ASME A050C7 checklist for Inspection
of Hydraulic Elevators and ASME A134C1 checklist for Inspection of Electric Elevators..
Monthly payments shall be made for each of the following items, by unit, provided the
work/service for the item has been accomplished as follows:
[a] Monthly service calls. All monthly service calls shall be entered into the IAD and
available for TTU review before this item may be deemed complete and valid for
payment. This item shall be invoiced and paid, when complete.
[b]Unit status reports, description and resolution of all service interruptions, and monthly in
service availability shall all be entered into the IAD and available for TTU review before
this item may be deemed complete and valid for payment. This item shall be invoiced
and paid, when complete.
[c] Verification of hours per unit that preventive maintenance including the monthly fire
fighters test is being performed as contracted, with description of procedure performed.
All data shall be entered into the IAD and available for TTU review before this item may
be deemed complete and valid for payment.
3.14.2 Additional payments:
[a] Callbacks after hours (5:00 p.m. to 8:00 a.m.) Monday - Friday will be at the rate in
Exhibit B.
[b] Callbacks on Saturday will be at the rate in Exhibit B.
[c] Callbacks on Sundays and Holidays will be at the rate in Exhibit B.
[d] Personnel to Standby for Special Events will be at the rate in Exhibit B. TTU will set the
number of personnel required.
[e] Unit cost for additional services related to upgrading existing units. Vendor shall also
include a maximum cap on equipment or product mark-up. The parties shall agree to final
pricing based upon the schedule in Exhibit B prior to any work commencing.
3.14.3 Invoicing and Payment
[a] Respondent(s) shall be required to submit invoices by electronic means (by email or by
SciQuest portal).
[b] All invoices will be paid net 30 in compliance with Texas laws.
[c] Respondent(s) may submit a proposal for a prompt payment discount.
[d] Respondent(s) shall be required to accept payments by ACH transmission.
[e] TTU will submit an electronic check remittance to the email address on record for all
payments.
Texas Tech University
3.15
RFP for Elevator Maintenance
INSPECTIONS
3.15.1 Any QEI fees and other State of Texas fees for state inspections will be the responsibility of TTU.
All inspections during the designated period shall begin at 8:00am on Monday morning and
shall be complete at 5:00pm Thursday afternoon. Vendor shall make whatever provisions
are necessary to insure this schedule is met. The inspection support and execution team
shall be continuously available during these periods.
3.15.2 The Vendor shall provide, at no additional charge, all necessary labor and equipment, including
weights where applicable, means of communication and at least one (1) qualified mechanic that has
experience in performing assistance inspection on numerous OEM types of equipment and one
helper to assist the QEI. If the Vendor elects to use one of the local dedicated mechanics, an
additional mechanic that is directly employed by the Vendor, shall be deployed on the dedicated
mechanic’s route so as not to compromise the preventive maintenance and callback program.
Unless an incident occurs beyond the control of the Vendor, the QEI assistance team shall remain
on the inspection itinerary until all inspections are complete.
3.15.3 The Vendor shall ascertain the units in this contract are being maintained as per specifications by
periodic inspection and test as defined in A17.1, A17.1, A17.2, A17.3, A18.1, NEC, and the
Elevator Industry Field Employee’s Safety Handbook. This inspection and test will be performed
by the Contractor’s service superintendent on a frequency of no less than 6 months using the
Owner provided ASME checklist. Vendor shall provide TTU with completed copies of checklist
ASME A050C7 for Inspection of Hydraulic Elevators and checklist ASME A134C1 for Inspection
of Electric Elevators. No other forms will be accepted. The inspections will not be counted as
preventive maintenance. Completed ASME checklists shall be attached to applicable monthly
invoices and randomly verified by TTU.
3.15.4 Any QEI fees and other State of Texas fees for subsequent inspections due to Vendor’s failure to
maintain units in accordance with this contract will be the responsibility of the Vendor.
3.15.5 The Vendor shall periodically examine all safety devices and governors and make annual safety test
for all units as required by ASME A17.1, A17.2, A17.3, A18.1, NEC, and the Elevator Industry Field
Employee’s Safety Handbook. This includes annual safety test and five (5) year full load and full
speed test for elevators and six (6) year hose replacement for hydraulic elevators. The annual, five
year, and full speed tests will not be counted as preventive maintenance.
3.15.6 All QEI deficiencies, repairs, and corrections shall be completed within thirty (30) days after the
inspection at no additional charge to TTU. QEI deficiencies are defined as items that are not in
compliance with elevator code.
3.16 WORK HOURS and OVERTIME
3.16.1 For the purpose of this contract, normal working hours will be defined as the hours from 8:00 a.m.
to 5:00 p.m., Monday through Friday of each week, (except holidays). All preventive maintenance,
inspections and scheduled repairs will be performed during normal working hours unless requested
in writing differently by TTU. If such a request is made, the Vendor will be compensated
appropriately.
3.16.2 Legal holidays are defined as those generally recognized throughout the elevator industry and not
necessarily those holidays generally observed or not observed by TTU.
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RFP for Elevator Maintenance
These holidays include: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor
Day, Veteran’s Day, Thanksgiving (Thursday & Friday) and Christmas Day. The Vendor shall supply
TTU with a list of holidays recognized by the elevator industry at the beginning of the contract and at
the beginning of each year the contract is renewed. If this list is not provided, the above holidays will
be the only ones recognized for the contract.
3.16.3 No overtime will be paid unless authorized in writing by TTU prior to it being worked.
3.17 CALLBACKS
3.17.1 Prompt response will be given to all callbacks twenty-four (24) hours a day. Maximum response
to any unit will be two (2) hours if two (2) or more units serve the same area. Maximum response
to a unit that is the only one (1) in an area will be thirty (30) minutes. Maximum response to any
unit with stranded passengers will be thirty (30) minutes. Callbacks during normal working hours
with response times greater than the maximum allowed will be deducted from the monthly
invoice at a rate of two (2) hours times the straight time rate (refer to Exhibit B). Authorized
overtime, Sunday, and Holiday callbacks with response times greater than the maximum allowed
will be deducted the full callback invoice amount.
3.17.2 Any mechanic that responds to any after hour callback shall notify Owner at 742-4677, upon
arrival at unit and upon completion of work, with any and all applicable information, prior to
leaving the TTU campus.
3.17.3 Any mechanic that responds to any callback, twenty-four (24) hours a day that involves
passengers stranded in a unit shall notify TTU immediately after the passengers have been
released from the unit. During normal working hours a TTU employee will respond to stranded
passenger calls to reassure the passengers that help is on the way. Once the mechanic arrives
and the passengers are released the mechanic shall notify work control of the status.
3.17.4 If any unit is to be out of service for more than two (2) hours TTU will be notified by the Vendor
noting the estimated length of time the unit will be down.
3.17.5 There is no guaranteed minimum callback time.
3.18
SCOPE OF WORK
3.18.1 The Vendor agrees to accept full responsibility for the units and related equipment, maintain
them to manufacturer’s original rated performance and speeds, as well as all applicable codes
and as noted in all areas of these specifications. In addition, the Vendor agrees to leave the
units in original rated performance and speed, all applicable codes and as noted in all areas of
these specifications on any contract termination date. TTU will not be charged for callbacks
during normal working hours.
3.18.2 The Vendor shall provide all necessary labor, travel, parts, materials, supplies, oils, greases,
lubricants, cleaning compounds, wiping cloths, paints, tools and equipment for proper cleaning,
lubrication and maintenance of all units and related equipment. All oils, greases and lubricants
used shall be equal to or exceed manufacturer’s specifications. The Vendor shall maintain all
Material Safety Data Sheets (MSDS) for all materials used in execution of the contract in a
machine room.
Texas Tech University
RFP for Elevator Maintenance
3.18.3 No jumper wires shall be used. Exception is allowed when trouble shooting and/or during repairs but
such wires must be removed upon completion. Jumper wires shall comply with Elevator Industry
Field Employees Safety Handbook (published by Elevator World).
3.18.4 The Vendor shall keep all unit components clean. Good housekeeping is required in machine rooms,
pits, car tops and hoist ways. Oil leaks shall be corrected within forty-eight (48) hours. Rags or oil
absorption materials shall not be placed in the area in lieu of repairing leaks. Contractor shall contact
TTU Environmental Health and Safety department at 806-742-3876 for disposal of oil, oil absorbent
materials, etc. at no additional cost to TTU. All dirt, lint, carbon dust, etc. shall be regularly and
systematically cleaned and removed from elevator components. All work under this paragraph shall
comply with the most current standard of ASME A17.1, A17.1, A17.2, A17.3, A18.1, NEC, the
Elevator Industry Field Employee’s Safety Handbook, and all applicable safety codes and
requirements.
3.18.5 The Vendor shall keep the machine rooms, pits, machine room floors, pit floors and exterior of the
machinery and other parts of the equipment properly painted and presentable. All work under this
paragraph shall comply with the most current standard of ASME A17.1, A17.2, A17.3, A18.1, NEC,
and the Elevator Industry Field Employee’s Safety Handbook.
3.18.6 During normal duty hours, the Vendor shall retrieve any and all objects dropped into the pits at no
additional charge to TTU. The Vendor shall be compensated for such calls after normal duty hours
in accordance with Exhibit B for Overtime Callbacks or Sunday/Holiday Callbacks.
3.18.7 The Vendor shall keep any and all handrails in cars secured and tightened. Total replacement
requirements will be the responsibility of TTU.
3.18.8 The Vendor shall keep all push button and indicator lights, signaling devices, etc. operable and
inspected for operation during the specified normal, preventive maintenance frequency periods. All
work under this paragraph shall comply with the most current standard of ASME A17.1, A17.2,
A17.3, A18.1, NEC, and the Elevator Industry Field Employee’s Safety Handbook.
3.18.9 The Vendor shall conduct the monthly fire-fighters test and maintain the applicable log.
3.18.10 TTU reserves the right to request a change in assigned mechanics at any time during the term of this
service contract. TTU reserves the right to evaluate each situation on a case-by-case basis. At TTU’s
request the Vendor shall provide credentials and resume of any mechanic proposed for employment
under this contract.
3.18.11 The Vendor shall examine the units using trained personnel directly employed and supervised by the
Vendor. The employees shall have direct access to field engineers for guidance and assistance. In
addition, employees shall utilize industry standard tools, gages, fittings, and procedures approved by
TTU. The examinations shall include inspection, lubrication, adjustment, and if condition warrants,
repair or replacement of the following parts as a minimum:

Controllers, selectors and dispatching equipment, relays, solid state components,
transducers, resistors, condensers, power amplifiers, transformers, contacts, leads,
dashpots, timing devices, computer and microcomputer devices, steel selector tapes,
mechanical and electrical driving equipment, signal lamps, and position indicating
equipment.

Door operators, car door hangers, car door contacts, door protection devices, load
weighting devices, car frames, car safety mechanisms, platforms, car and
Texas Tech University
RFP for Elevator Maintenance
counterweight guide shoes including rollers and gibs, car and hoist way sills, and
emergency car lighting.

Hoistway door interlocks and hangers, bottom door guides, and auxiliary door
closing devices.

Machine worms, gears, thrust bearings, drive sheaves, drive sheaves shaft bearings,
brake pulleys, brake coils, contacts, linings, and component parts.

Motors, motor generators, motor windings, rotating elements, commutators,
brushes, brush holders, and bearings.

Governors, governor sheaves and shaft assemblies, bearings, contacts, governor
jaws, deflector or secondary sheaves, car and counterweight buffers, car and counter
weight guide rails, car and counter weight sheave assemblies, top and bottom limit
switches, governor tension sheave assemblies, and compensating sheave assemblies.

Pumps pump motors, operating valves, valve motors, leveling valves, plunger
packing, exposed piping, above ground plungers, and cylinders and hydraulic fluid
tanks.

Wire ropes as necessary to maintain appropriate industry accepted standard factor of
safety. Ropes shall be inspected and evaluated using industry standard gages
intended for the purpose.
3.18.12 The Vendor shall provide and maintain all necessary and appropriate service and diagnostic
tools on site in machine rooms. All service and diagnostic tools shall be dedicated to the
TTU campus contract and shall not be removed from the TTU campus.
3.19
FREQUENCIES and DOWNTIME
3.19.1 The Vendor shall maintain a minimum of three (3), 100% dedicated mechanics, in Lubbock
at all times and specifically assigned to perform routine preventive maintenance and
callbacks for TTU twenty-four (24) hours per day for the units listed in Exhibit A. One of
the Vendor’s work crew shall be designate as “Lead Man” or Superintendent” and shall have
the authority to implement requests from TTU without having to report to the home office
for the decision. Vendor management shall continually ascertain that any and all preventive
maintenance work on any single unit is not hindering the periodic maintenance frequency of
this service contract for the other units. The designated mechanics shall not be assigned
work outside this contract. If necessary, Vendor shall immediately supplement the work
force with dedicated mechanics so as to meet the requirements of the contract. If at any
time it is determined that a mechanic(s) is performing work outside the campus without
prior approval and coordination with TTU, the monthly invoice for the period of the
mechanic’s absence shall have an amount equivalent to the normal hourly rate multiplied by
hours of absence withheld from the monthly payment. Vendor shall notify TTU in writing
when mechanics are absent from the TTU campus.
3.19.2 It is imperative for any unit that becomes inoperative or is taken out of service for repairs be
returned to service as soon as possible because of the TTU’s responsibilities and
commitment to quality education, research development, elevator passenger expectations
and the associated costs. If unit(s) are out of service for extended periods of time it may
result in relocating and/or rescheduling entire classes to other facilities, loss of extensive and
Texas Tech University
RFP for Elevator Maintenance
costly research projects and the frustration of potential passengers that could result in
vandalism, etc.
3.20 PARTS
3.20.1 The Vendor shall furnish all parts under this contract at no additional charge to TTU with the
exception of specific items set forth in this contract. All parts furnished shall be genuine parts
specifically manufactured or designed for the unit installation on which they are to be used or an
Owner and/or manufacturer approved equal. MAKESHIFT arrangements shall not be installed. In
the event of proprietary parts, TTU will assist the Vendor in obtaining the proprietary parts at no
additional cost to TTU.
3.20.2 The Vendor shall maintain a stock of spare parts required for normal, preventive maintenance and
callback incidents of all units on campus and associated equipment. These items shall include but
not be limited to such commonly used components as coils, relays, contacts, conductors, motor
and generator brushes, fuses, interlocks, rollers and lubricants/oil.
3.21
SCOPE OF WORK NOT COVERED
3.21.1 The Vendor assumes no responsibility for costs associated with service calls or repairs for the items
listed below in this contract; however, the Vendor is required to inform the Owner of such. Items
include: vandalism, misuse, water leaks, floods, fire not created by unit equipment, acts of God,
keys or books or other items dropped into areas not accessible by other than authorized unit
repair or inspection persons after normal duty hours, car enclosure [including any glass or
mirrors], floor covering, car doors or gates only, hoist way doors or gates only, car handrails total
replacement when required, hoist way enclosures, hung ceilings, incandescent and/or fluorescent
lighting and ballasts if applicable, main feeder disconnects or breakers, in car telephones and/or
communication devices, pit sump pumps if applicable, in ground hydraulic cylinders and
associated direct buried piping.
3.21.2 Major repair costs to hydraulic unit’s buried piping, jack casing, inner jack casing and hydraulic
cylinders.
3.21.3 Any condition identified or reported as vandalism shall be inspected by TTU to validate prior to
repair and payment
3.22 EMERGENCY EVACUATION OF PASSENGERS
3.22.1 The elevator Vendor has sole responsibility of properly removing stranded passengers from a
stalled unit due to the liability associated with such actions. TTU will designate particular TTU
employees to respond to this type of emergency call but only to comfort and reassurance to
stranded passengers until a qualified elevator mechanic arrives. TTU employees will not attempt to
remove passengers or service or troubleshoot the elevator. TTU employees will not initiate any
physical or mechanical operation of the elevator equipment, which includes opening the hoist way
doors with any device for the purpose of removing passengers. TTU’s employees may aid the
elevator mechanic after he arrives but only under the elevator mechanic's strict supervision.
Exception will be emergency situations where an immediate hazard to the wellbeing of any
passenger exists. Any Vendor mechanic that responds to a callback that involves a stranded
passenger shall notify the TTU primary contact immediately after the passenger has been released
from the unit. Vendor shall contact TTU when unit is placed back in service or secured out of
service.
Texas Tech University
3.23
RFP for Elevator Maintenance
IAD DATABASE
3.23.1 PM schedule will be available no later than five (5) working days after the first of each
month. PM entries will be available no later than twenty-four (24) hours after completion
3.23.2 Callback entries will be available no later than twenty-four (24) hours after the callback.
3.24
SAFETY
3.24.1 Vendor shall provide TTU a copy of the company’s standard safety policy for TTU’s
permanent reference. Vendor shall abide by this policy at all times for duration of contract.
3.24.2 Vendor shall observe and abide by all local, state, and federal safety requirements at all
time’s personnel are on the TTU campus. Any jobsite specific requirements shall also be
observed. In the event of conflict between two safety policies, the more stringent shall
govern.
Texas Tech University
RFP for Elevator Maintenance
SECTION 4
EVALUATION AND AWARD PROCESS
4.1
Evaluation Process
TTU will utilize a proposal evaluation team for the evaluation of this RFP. The award will be based
on the proposal judged to be in the best interest of TTU, and the judgment in this regard shall be
considered final. Any Contract resulting from this request shall be awarded to the proposer
providing the “best value” to TTU.
Under section 51.9335 of the Texas Education Code in determining what is the best value to an
institution of higher education, TTU shall consider the purchase price, the reputation of the
proposer and of the proposer’s goods or services, the quality of the proposer’s goods or services, the
extent to which the goods or services meet TTU’s needs, the proposer’s past relationship with TTU,
the impact on the ability of TTU to comply with laws and rules relating to historically underutilized
businesses and to the procurement of goods and services from persons with disabilities, the total
long-term cost to TTU of acquiring the proposer’s goods or services, and any other relevant factor
that a private business entity would consider in selecting a vendor.
4.2
Proposer’s Acceptance of Evaluation Methodology
Submission of a proposal indicates proposer’s acceptance of the evaluation technique and proposer’s
recognition that some subjective judgments must be made by TTU during the assigning of points.
4.3
Evaluation Criteria and Weights
Each proposal shall be evaluated on the ability to meet TTU’s requirements and to provide the best
value to TTU. Proposal shall be evaluated by assigning points to each of the items below.
The evaluation will be based on the following system
Overall cost to TTU………………………………………………………………… 35 points
Past performance; Quality of performance of previous agreements
(References minimum three)………………………………………………………… 25 points
Experience and qualifications; qualifications of key personnel………………………. 15 points
Pre-existing condition exceptions including cost…………………………………….. 10 points
HUB Vendor Status…………………………………………………………………. 15 points
TOTAL……………………………………………………………………………..100 points
4.4
Consideration of Additional Information
Consideration may also be given to any additional written information and comments that may serve
to clarify the proposal information to TTU.
4.5
Oral Presentations/Interviews
Upon completion of the initial review and evaluation of the proposals submitted, selected proposers may
be invited to participate in oral presentations. Oral presentations/interviews are an option of the
evaluation team and may or may not be conducted; therefore, proposals should be complete when
submitted by the deadline indicated in the section entitled “Schedule of Events.”
Texas Tech University
4.6
RFP for Elevator Maintenance
Award Process
During the opening, proposals will be acknowledged publicly to identify the names of the proposers,
but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including
prices or other information, prior to award. After opening, an award may be made on the basis of the
proposals initially submitted, without discussion, clarification or modification, or on the basis of
negotiation with any of the proposers or, at TTU’s sole option and discretion, TTU may discuss or
negotiate all elements of the proposal with selected proposers which represent a competitive range of
proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable
proposals may be established comprising the highest rated proposal(s).
4.7
Best and Final Offer
When deemed appropriate, after the submission of proposals but before the final selection of the
successful proposal, TTU may permit a proposer to revise its proposal in order for TTU to obtain a
best and final offer. TTU will provide each proposer within the competitive range with an equal
opportunity for discussion and revision of their proposal, and a proposer may elect not to amend
their original proposal. TTU is not bound to accept the best-priced proposal if that proposal is not
the most advantageous to TTU as determined by the evaluation team.
4.8
Award of Contract
TTU reserves the right to award a Contract for all or any portion of the requirements proposed by
reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in
the best interests of TTU and to re-solicit for proposals, or temporarily or permanently abandon the
solicitation. If TTU awards a Contract, it will award the Contract to the proposer whose proposal is the
most advantageous to TTU, considering price and the evaluation factors set forth in this RFP.
TTU intends to negotiate and award a Contract or multiple Contracts to a vendor or vendors
submitting a proposal that the evaluation committee determines best meets TTU’s requirements and
that is considered to represent the best value to TTU.
No Contract resulting from this RFP will be exclusive and TTU reserves the right to enter into one
or more Contracts covering the same or similar scope of services. TTU may divide obligations
between awarded vendors or choose more than one vendor to perform the same or similar scopes
of work.
The proposer may submit its standard Contract for review by TTU. The Contract entered into by
the parties shall consist of the RFP, the signed proposal submitted by the vendor, the specifications
including all the modifications thereof, a written Contract, and purchase order(s), all of which shall
be referred to collectively as the Contract documents.
4.9
Proposer/Vendor Protest
Any actual or prospective proposer or vendor who is aggrieved in connection with the solicitation,
evaluation or award of a Contract may formally protest to the Managing Director of Procurement
Services. You may access the Texas Tech University Open Records Request and Vendor Protest
Procedures by going to the “Purchasing Information” section of the Procurement Services website
at http://www.depts.ttu.edu/procurement/purchasing/purchasingInfo/index.asp.
Texas Tech University
RFP for Elevator Maintenance
SECTION 5
PROPOSER’S QUESTIONNAIRE
The proposer recognizes that in selecting a supplier, TTU will rely in part on the answers provided in
response to this section. Accordingly, proposer certifies that to the best of its knowledge, all responses are
true, correct and complete. TTU reserves the right to contact each and every reference or contact name
listed below and shall be free from any liability to proposer for conducting such inquiry.
5.1
Provide a summary of the proposer’s overall capabilities, recent and related experience, and
expertise. Provide information on the proposer’s experience related to the scope of work outlined
in this RFP, as well as its current work load, facilities, resources and experience that clearly
demonstrate its ability to successfully complete the work required within the constraints stated.
5.2
Provide a brief resume for each of the proposed key personnel, focusing on relevant experience, and
list the assigned function of each key person as it relates to this RFP. Provide information related to
previous projects. Also include a statement describing the proposer’s commitment of the
individuals proposed to perform the requested services.
5.3
Provide balance sheets or financial reports for the past two years. If the proposer is not a publicly
held company, please make a note on the reports “Privileged and Confidential—Proprietary
Information.” The financial information must be submitted with the proposal.
5.4
Provide a copy of your company’s audited financial statements for the past two years if requested by
TTU.
5.5
Provide a brief description of projects completed or commodities sold within the past five years.
The projects or commodities should be similar to the scope of work or desired goods described in
this RFP. Include, as applicable, project description and location or commodities sold, description of
services or commodities provided, budget performance and schedule performance, key personnel
involved, and client name and contact name and phone number. Particular weight will be given to
similar projects in higher education.
5.6
Provide three professional references (key contact names, titles, and telephone numbers) that have
direct knowledge of your ability to provide the type of goods and/or services outlined in this RFP.
Particular weight will be given to references provided in higher education.
5.7
Provide a list of any professional organizations the proposer is a member of or actively involved
with.
5.8
Provide any details of all pending litigation or claims filed against your company in the past ten years
that would negatively impact your company’s performance under a Contract with TTU.
5.9
Is your company currently for sale or involved in any transaction to expend or to become acquired
by another business entity? If yes, please explain the impact both in organizational and directional
terms.
5.10
Is your company currently in default on any loan Contract or financing Contract with any bank,
financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for
resolution.
Texas Tech University
RFP for Elevator Maintenance
SECTION 6
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions or ones that are substantially similar will be contained
in any resulting Contract or purchase orders arising out of this RFP. If the Proposer takes
exception to any of the following General Terms and Conditions set forth, the Proposer
must submit a list of the exceptions as part of its proposal. The Proposer’s exceptions will
be reviewed by TTU and may result in disqualification of the Proposer’s proposal as nonresponsive to this RFP. If Proposer’s exceptions do not result in disqualification of
Proposer’s proposal, then TTU may consider Proposer’s exceptions when TTU evaluates
the Proposer’s proposal. In addition, and to the extent they do not conflict with these terms
in any resulting contract, TTU purchase order terms and conditions will apply to all
purchases of goods and services by TTU http://goo.gl/sz1k6.
6.1
Publicity
Vendor agrees that it shall not publicize a Contract or disclose, confirm or deny any details thereof
to third parties or use any photographs or video recordings of TTU’s name or protected marks in
connection with any sales promotion or publicity event without the prior express written approval
of TTU.
6.2
Independent Vendor Status
Vendor agrees that vendor and vendor’s employees and agents have no employer-employee
relationship with TTU. TTU shall not be responsible for the Federal Insurance Contribution Act
(FICA) payments, federal or state unemployment taxes, income tax withholding, Workers
Compensation Insurance payments, or any other insurance payments, nor will TTU furnish any
medical or retirement benefits or any paid vacation or sick leave. Vendor is responsible for conduct
of business operation, including employee salaries, travel, etc.
6.3
Subcontractors
Subcontractors providing services under the Contract shall meet the same requirements and level of
experience required of the proposer. No subcontractor under the Contract shall relieve the
proposer of the responsibility for ensuring the requested services are provided. Proposers planning
to subcontract all or a portion of the work to be performed shall identify the proposed
subcontractors in their submitted proposals. If selected by TTU, vendor will not delegate any of its
duties or responsibilities under this RFP or the Contract to any subcontractor, except as expressly
provided in the Contract.
6.4
Insurance Requirements
6.4.1
The vendor agrees to furnish insurance certificates reflecting the following coverage:
Type of Coverage
Limits of Liability
Workers Compensation
Statutory
Employer’s Liability
$1,000,000
Commercial General Liability, including Products and Completed Operations
a. Per Occurrence
$1,000,000
b. Aggregate
$3,000,000
Professional Liability
$1,000,000
Automobile Liability
Combined Single Limit
$1,000,000
Texas Tech University
RFP for Elevator Maintenance
NOTE: An umbrella policy may be used to reach required limits.
6.4.2
Additional Insured, Subrogation
All policies must include a waiver of subrogation favoring TTU. With the exception of the
Workers' Compensation and Professional Liability policies, TTU shall be an additional
insured on all policies.
6.4.3
Certificates of Coverage
At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days
prior to the commencement of any renewal term of the Contract, the vendor shall furnish
Procurement Services with certificates of insurance in a form acceptable to TTU’s Risk
Manager, certifying that the vendor carries the required insurance policies and coverage. The
certificates shall be sent to Procurement Services, at the address or fax number listed
previously in the RFP.
6.4.4
Notification of Cancellation
The vendor will endeavor to notify TTU’s Office of Procurement Services 30 days before
any material change or cancellation of any insurance policy. In the event the vendor receives
notice of modification or cancellation of any of the policies required under the Contract,
then prior to the effective date of modification or cancellation of the policy, the vendor shall
obtain a policy of insurance affording the required coverage from an insurance carrier
acceptable to TTU’s Risk Manager. If the vendor fails to obtain such an insurance policy,
TTU may immediately terminate the Contract without further notice to the vendor.
6.5
Acceptance of Products and Services
All products furnished and all services performed under the Contract shall be to the satisfaction of
TTU and in accordance with the specifications, terms and conditions of this Contract. TTU
reserves the right to inspect the products furnished or the services performed and to determine the
quality, acceptability and fitness of such products or services.
6.6
Infringement of Patents and Copyrights
The vendor agrees to protect TTU from claims involving infringement of patents or copyrights. If
applicable to any awarded Contract, Vendor will defend, at its expense, any proceeding against TTU
(“Claim”) to the extent such Claim is based upon an allegation that Vendor’s product, as of its
delivery date under the Contract, infringes a valid United States patent or copyright or
misappropriates a third party’s trade secret. Vendor will indemnify TTU for any judgments,
settlements and reasonable attorney fees resulting from a Claim.
6.7
Taxes
6.7.1
TTU, as an agency of the State of Texas, qualifies for exemption from state and local sales
and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax
Act. The vendor may claim exemption from payment of applicable state taxes by complying
with such procedures as may be prescribed by the State Comptroller of Public Accounts.
6.7.2
The vendor shall collect and pay all taxes imposed upon the sale of items included in the
Contract, as required by federal, state or local law. The vendor shall be responsible for and
pay all social security, unemployment insurance, old age retirement and other federal and
state taxes that are measured by the wages, salaries, or other remuneration paid to persons
employed by the vendor.
Texas Tech University
6.8
RFP for Elevator Maintenance
Technology Access
The Vendor expressly acknowledges that state funds may not be expended in connection with the
purchase of electronic and information resources (EIR) unless that EIR meets certain statutory
requirements relating to accessibility as required by Texas Administrative Code (TAC) 206 and
213. Accordingly the vendor represents and warrants to TTU that the EIR provided to TTU
complies with the accessibility requirements as outlined in 1 TAC 206 and 213 by providing (1) a
completed Voluntary Product Accessibility Template (VPAT) attesting to the EIR’s accessible
features and capabilities or (2) providing a similarly formatted document as the VPAT attesting to
the EIR’s accessible features and capabilities.
6.9
Federal Funding
6.9.1
6.10
This Contract may be funded wholly or partially with federal funds. The proposer shall
comply with all applicable provisions of federal law. TTU utilizes
http://www.whitehouse.gov/omb/circulars/index.html and http://www.gsa.gov for all
federal guidelines.
Time of Performance
Time is of the essence in the rendering of services and delivery of products under a Contract.
Vendor agrees to perform all obligations and render services on the schedules set forth in this
proposal.
6.11
Default
In the event that the vendor fails to carry out or comply with any of the terms and conditions of the
Contract, TTU may notify the vendor of such failure or default in writing and demand that the
failure or default be remedied within ten (10) days; and in the event that the vendor fails to remedy
such failure or default within the ten (10) day period, TTU shall have the right to cancel the Contract
upon thirty (30) days written notice.
The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve
vendor from any obligation or liability that may have been incurred or will be incurred pursuant to
the Contract and such cancellation by TTU shall not limit any other right or remedy available to
TTU at law or in equity.
6.12
Termination
6.12.1 Upon award, the Contract may be terminated, without penalty, by TTU or the vendor with
or without cause by giving at least thirty (30) days written notice of such termination.
6.12.2 Upon award, the Contract is subject to termination, without penalty, in whole or in part, if
funds are not appropriated by the legislature of the State of Texas.
6.12.3 The Contract may be terminated by either the vendor or by TTU upon thirty (30) days
written notice to the other, if the other party fails to perform or comply with any of the
material terms, covenants, Contracts or conditions hereof, and such failure is not cured
during such thirty (30) day period.
6.12.4 TTU may terminate the Contract immediately without further notice if the vendor (i) petitions
for reorganization under the Bankruptcy Code or is adjudged bankrupt; (ii) becomes insolvent
or a receiver is appointed due to the insolvency; or (iii) makes a general assignments or sale of
its assets or business for the benefit of creditors.
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RFP for Elevator Maintenance
6.12.5 In no event shall such termination by TTU as provided for under this section give rise to any
liability on the part of TTU including, but not limited to, claims of vendor for compensation
for anticipated profits, unabsorbed overhead, or interest on borrowing. TTU’s sole
obligation hereunder is to pay vendor for products or services received prior to the date of
termination.
6.13
Contract Amendments
No modification or amendment to any awarded Contract shall become valid unless agreed to by
TTU in writing and signed by both parties. All correspondence regarding modifications or
amendments to an awarded Contract must be forwarded to the TTU Procurement Services
Department for prior review and approval. Only the Managing Director of Procurement Services or
his/her designee will be authorized to process changes or amendments. All amendments must be
signed by the same person who signed the original Contract or a person with institutional approval
authority.
6.14
Access to Documents
The vendor shall maintain records generated pursuant to this Contract for a period of at least seven
(7) years after submission of the last accounting report date on which services were rendered, or
until final resolution of any proceedings arising out of the Contract, whichever date is later in time.
To the extent applicable to this Contract, in accordance with Section 1861(v)I)(i) of the Social
Security Act (42 U.S.C. 1395x) as amended, and the provisions of 42 CFR Section 420.300, et seq.,
vendor will allow, during and for a period of not less than four (4) years after the expiration or
termination of this Contract, access to this Contract and its books, documents, and records; and
Contracts between vendor and its subcontractors or related organizations, including books,
documents and records relating to same, by TTU.
6.15
Right to Audit
6.15.1 The vendor understands that acceptance of funds under any Contract awarded from this
RFP acts as acceptance of the authority of the State Auditor's Office, or any successor
agency, to conduct an audit or investigation in connection with those funds. The vendor
further agrees to cooperate fully with the State Auditor's Office or its successor in the
conduct of the audit or investigation, including providing all records requested. The vendor
will ensure that this clause concerning the authority to audit funds received indirectly by
subcontractors through the vendor and the requirement to cooperate is included in any
subcontract awards.
6.15.2 TTU shall have the right, at its sole cost, to either use its own employees or engage an
independent third party to audit the financial records of a vendor pertaining to any awarded
Contract for the preceding forty eight (48) month period. Such audit shall be completed by
TTU or its representatives at the vendor’s office, on reasonable advance notice, and on dates
and times mutually agreed to by the parties. In the event such audit reveals any
underpayment to or overpayment by TTU, the vendor shall promptly pay the amount to
TTU. If such audit reveals any overpayment to or underpayment by TTU, TTU shall
promptly pay the amount to the vendor.
6.16
Non-Disclosure
Vendor and TTU acknowledge that they or their employees may, in the performance of the resultant
Contract come into the possession of proprietary or confidential information owned by or in the
possession of the other. Neither party shall use any such information for its own benefit or make
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such information available to any person, firm, corporation, or other organizations, whether or not
directly or indirectly affiliated with vendor or TTU unless required by law.
In the course of providing services during the term of the Contract, Vendor may have access to
student education records that are subject to the Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C. 1232g, et seq. and the regulations promulgated there under. Such information is
considered confidential and is therefore protected. To the extent that Vendor has access to
“education records” under the Contract, it is deemed a “school official,” as each of these terms are
defined under FERPA. Vendor agrees that it shall not use education records for any purpose other
than in the performance of the Contract. Except as required by law, Vendor shall not disclose or
share education records with any third party unless permitted by the terms of the Contract or to
subcontractors who have agreed to maintain the confidentiality of the education records to the same
extent required of Vendor under the Contract.
Vendor shall not make available information on any student, faculty, or staff member for
marketing purposes.
6.17
Severability
If one or more provisions of the resultant Contract, or the application of any provision to any party
or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the
Contract and the application of the provision to other parties or circumstances shall remain valid
and in full force and effect.
6.18
Non-Waiver of Defaults
Any failure of TTU at any time to enforce or require the strict keeping and performance of any of
the terms and conditions of this Contract shall not constitute a waiver of such terms, conditions, or
rights, and shall not affect or impair it or the right of TTU at any time to avail itself of same.
6.19
Assignment
Neither this Contract, nor any rights or obligations of monies due hereunder are assignable or
transferable (as security for advances or otherwise) unless agreed to in writing by TTU. Vendor
shall not subcontract any portion of services encompassed by the Contract without TTU’s prior
written approval. TTU shall not be required to recognize any assignment or subcontract made
without its prior written approval, and any such assignment by vendor shall be wholly void and
ineffective for all purposes unless made in conformity with this section.
6.20
Texas Public Information Act
All information, documentation and other material submitted by vendor under this proposal is
subject to public disclosure under the Texas Public Information Act (the “Act”) (Texas Government
Code, Chapter 552). Vendor is hereby notified that TTU strictly adheres to this statute and the
interpretations thereof rendered by the Courts and Texas Attorney General.
TTU will use its best efforts to maintain the confidentiality of all vendors’ submitted information
except where TTU is required to disclose it under the Act. The Texas Attorney General will
ultimately decide whether a vendor’s proprietary information (such as financial information, client
lists, etc.) is released to the public, however TTU will give a vendor notice of all requests for its
proprietary information in accordance with the Act. TTU cannot represent vendor interests to the
Texas Attorney General and vendors seeking to protect their proprietary information will be
required to submit a letter, brief, or memorandum to the Attorney General with reasons in support
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RFP for Elevator Maintenance
of withholding their information. Please note that in general, vendor pricing information will be
disclosed under the Public Information Act. If vendors have further questions regarding the Public
Information Act, they should seek appropriate legal counsel.
6.21
Registration of Sex Offenders
All sex offenders required to register with local law enforcement authorities under Chapter 62.151 of
the Texas Code Of Criminal Procedure who intend to work on any campus of TTU for a
consecutive period exceeding fourteen (14) days or for an aggregate period exceeding thirty (30) days
in a calendar year are required to register with the Texas Tech Police Department (TTPD) within 7
days of beginning work on any campus of TTU. In addition, such sex offenders are required to
notify TTPD within seven (7) days of terminating work on any campus. Therefore, if employees
and/or agents of vendors and subcontractors will be performing work on any TTU campus, it is the
vendor’s responsibility to comply with this requirement. For additional information, please contact
TTPD at 2901 4th St., Lubbock, TX 79409, 806-742-3931, or
www.depts.ttu.edu/ttpd/Clery/ttpd_clery_08.pdf
6.22
Indemnification
The vendor agrees to and shall indemnify and hold harmless TTU, its Board of Regents, officers,
agents, employees, and personnel, against any and all liability, claims, suits, losses, costs and legal
fees caused by, arising out of, or resulting from any negligent act or omission of the vendor in the
performance and/or failure to perform within the Contract including the negligent acts or omission
of any subcontractor or any direct or indirect employees of the vendor or subcontractors. The
indemnification obligations set forth in the Contract shall survive termination or expiration of the
Contract.
6.23
Governing Law
Lubbock County, Texas shall be the proper place of venue for suit on or in respect of this Contract.
The Contract and all of the rights and obligations of the parties hereto and all of the terms and
conditions hereof shall be construed, interpreted and applied in accordance with and governed by
and enforced under the laws of the State of Texas.
6.24
Dispute Resolution
The dispute resolution process provided for in the Texas Government Code, Chapter 2260 shall be
used, as further described herein, by TTU and the contracting party in an attempt to resolve any
unresolved claim for breach of contract arising under the Contract and made by the contracting
party.
(a) A contracting party’s claim for breach of this contract that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in
Government Code, Chapter 2260, and Subchapter B. To initiate the process, the contracting
party shall submit written notice, as required by Subchapter B, to the Director of Procurement
Services. Said notice specifically states that the provisions of Chapter 2260, Subchapter B, are
being invoked. A copy of the notice shall also be given to all other representatives of TTU and
the contracting party that are otherwise entitled to notice under this Contract. Compliance by
the contracting party with Subchapter B is a condition precedent to the filing of a contested case
proceeding under Government Code, Chapter 2260, Subchapter C.
(b) The contested case process provided in Government Code Chapter 2260, Subchapter C, shall be
the contracting party’s sole and exclusive process for seeking a remedy for an alleged breach of
Texas Tech University
RFP for Elevator Maintenance
contract by TTU if the parties are unable to resolve their disputes in the ordinary course of
business or under Chapter 2260, Subchapter B, unless, after considering the recommendation of
the Administrative Law Judge, the Legislature grants the contracting party consent to sue under
Chapter 107 of the civil Practices and Remedies Code.
(c) Neither the execution of this contract by TTU nor any other conduct of any representative of
TTU relating to the contract shall be considered a waiver of TTU’s sovereign immunity to suit.
(d) The dispute resolution process provided for in Government Code Chapter 2260 will not, at any
time, affect TTU’s right of ability to bring suit against the contracting party for disputes arising
under this Contract, nor will it affect TTU’s ability to assert all claims and defenses in a lawsuit.
(e) Pursuant to Chapter 2260, the submission, processing and resolution of the contracting party’s
claim is governed by the published rules adopted by the Texas Attorney General’s Office, as
currently effective, hereafter enacted or subsequently amended.
(f) Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested
or approved in writing by TTU the contracting party shall continue performance and shall not
be excused from performance during the period any breach of contract claim or dispute is
pending under either of the above processes; however, the contracting party may suspend
performance during the pendency of such claim or dispute if the contracting party has complied
with all provisions of Section 2251.051, Texas Government Code, and such suspension of
performance is expressly applicable and authorized under that law.
Texas Tech University
RFP for Elevator Maintenance
SECTION 7
EXECUTION OF OFFER AND AFFIRMATIONS
Signing this proposal with a false statement is a material breach of Contract and shall void the submitted
proposal or any resulting Contracts, and the proposer may be removed from all proposal lists. By signature
hereon affixed, the proposer hereby certifies that:
7.1
The proposer is not currently delinquent in the payment of any debt or taxes owed the State of
Texas.
7.2
Proposer agrees that any payments due under this Contract will be applied towards any debt,
including but not limited to delinquent taxes and child support that is owed to the State of Texas.
7.3
Proposer certifies as follows: “Pursuant to Section 231.006, Family Code, re: child support, the
proposer certifies that the individual or business entity named in this proposal is not ineligible to
receive the specified payment and acknowledges that this Contract may be terminated and payment
may be withheld if this certification is inaccurate.”
7.4
The proposer has not given, offered to give, nor intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a
public servant in connection with the submitted proposal.
7.5
The proposer has not received compensation for participation in the preparation of the
specifications for this RFP.
7.6
Neither the proposer nor the firm, corporation, partnership or institution represented by the
proposer, or anyone acting for such firm, corporation or institution has violated the antitrust laws of
this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal
Antitrust Laws, nor communicated directly or indirectly the proposal made to any competitor or any
other person engaged in such line of business.
7.7
The proposer certifies that the vendor and/or principals are not presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of contracts by any federal agency, and
have not within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a federal, state or local government contract or subcontract;
violation of federal or state antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and are not presently indicted for, or otherwise
criminally or civilly charged by a government entity with commission of any of these offenses.
7.8
Under Section 2155.006(b) of the Texas Government Code, a state university may not accept a
proposal or award a Contract, including a Contract for which purchasing authority is delegated to a
state university, that includes a proposed financial participation by a person who, during the fiveyear period preceding the date of the proposal or award, has been: (i) convicted of violating a federal
law in connection with a Contract awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code,
Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (ii) assessed a
penalty in a federal civil or administrative enforcement action in connection with a Contract awarded
by the federal government for relief, recovery or reconstruction efforts as a result of Hurricane Rita,
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after
September 24, 2005.
7.9
Proposer agrees to comply with Government Code 2155.4441, pertaining to service Contract use of
products produced in the State of Texas when such products and materials are available at a price
and delivery time comparable to products and materials produced outside of Texas.
Texas Tech University
7.10
RFP for Elevator Maintenance
Proposer certifies that they are in compliance with section 618.003 of the Government Code,
relating to contracting with executive head of a State agency. If section 618.003 applies, proposer
will complete the following information in order for the proposal to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Proposer:
Date of Employment with Proposer:
7.11
The proposal must include the name and Social Security Number of each person maintaining an
ownership interest of 25% or more of the business entity submitting the proposal. Vendors that
have pre-registered this information on the Texas General Services Commission Centralized Master
Bidders' List will be deemed to have satisfied this requirement.
NAME
7.12
SSN
Conflict of Interest
7.12.1 The vendor certifies that (i) no relationship, whether by blood, marriage, business
association, capital funding Contract or by any other such kinship or connection exists
between the owner of any proposer that is a sole proprietorship, the officers or directors of
any proposer that is a corporation, the partners of any proposer that is a partnership, the
joint ventures of any proposer that is a joint venture or the members or managers of any
proposer that is a limited liability company, on one hand, and an employee of any
component of TTU, on the other hand, other than the relationships which have been
previously disclosed to TTU in writing and (ii) proposer has not been an employee of any
component institution of TTU within the immediate twelve (12) months prior to the
submittal deadline. All disclosures by proposer in connection with this affirmation will be
subject to administrative review and approval before TTU enters into a Contract with
proposer. Any violation of this conflict of interest policy shall result in immediate
cancellation of any resulting Contract in addition to a potential debarment of the vendor
from doing business with the State of Texas.
7.12.2 An employee may not be in any dual employment positions that would result in a conflict of
interest in relation to his/her position at TTU. If such circumstance arises, the employee
shall remove himself/herself from the process and disclose the relationship to his/her direct
supervisor and to the Managing Director of Procurement Services. A TTU department may
not hire a vendor if a current TTU employee of such department is also employed by such
vendor; a current employee of such department has a direct or indirect ownership interest in
such vendor; and/or the hiring of such vendor would result in the furtherance of any
private interest or gain for a current employee of such department. If the owner of any
such vendor who provides services to TTU is a TTU employee, compliant payment to any
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vendor classified as a sole proprietorship or an individual shall be made through the Payroll
Services department.
Proposer Information and Signature
Proposer certifies that the individual signing this document and the documents made a part of this RFP is
authorized to sign such documents on behalf of proposer and to bind proposer under any Contract that
may result from the submission of proposer’s proposal.
By signing the proposal, the vendor certifies that if a Texas address is shown as the address of the vendor,
the vendor qualifies as a Texas Resident Bidder, as defined in 34 TAC sec. 20.38.
Payee Identification Number (PIN):
Sole Proprietor should also enter social security No.:
Proposer/Company:
Name (Typed/Printed):
Title:
Street:
City/State/Zip:
Telephone No.:
Fax No.:
E-mail:
Signature (INK):
Other Preferences as defined in 34 TAC sec. 20.38 (check any that are applicable)
(__) Supplies, materials, equipment, or services produced in TX/ offered by TX bidders
(__) Agricultural products produced or grown in TX
(__) Agricultural products and services offered by TX bidders
(__) USA produced supplies, materials, or equipment
(__) Products of persons with mental or physical disabilities
(__) Products made of recycled, remanufactured, or environmentally sensitive materials
including recycled steel
(__) Energy efficient products
(__) Rubberized asphalt paving material
(__) Recycled motor oil and lubricants
(__) Products produced at facilities located on formerly contaminated property
(__) Products and services from economically depressed or blighted areas
THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH
PROPOSER’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL
RESULT IN THE REJECTION OF YOUR PROPOSAL.
Texas Tech University
RFP for Elevator Maintenance
Exhibit A
Elevator Locations
Administration - Chairlift - East Wing, North
Administration - West Wing, North
Administrative Support Center - S Side of N Wing
Animal & Food Science -#1 Elevator - East of Main Lobby
Animal & Food Science -#2 Elevator - West Hallway
Animal & Food Science -#3 Material Lift
Architecture - #1 Elevator - Center Lobby, SW Unit
Architecture - #2 Elevator - Center Lobby, NW Unit
Architecture - #3 Elevator - Center Lobby, NE Unit
Architecture - #4 Elevator - Center Lobby, SE Unit
Art - West Side
Art 3D - #1 Lift Courtyard
Art 3D - #2 Lift - SE Dock
Art 3D - #3 Lift - NE Dock
Biology - #1 Elevator - East, N Unit
Biology - #2 Elevator - East, Middle Unit
Biology - #3 Elevator - East, S Unit
Biology - #4 Elevator - West Freight
Bledsoe Hall - South Wing
Bledsoe/Gordon Kitchen (Decommissioned)
Boston Commons Dining Hall
Burkhart Center for Austim Education
Carpenter/Wells Complex - S of Sam's Place
CHACP 1 - #1 Elevator - Side-walk North Side
CHACP 1 - #2 Elevator - W Passenger Unit
CHACP 2 - S Side of Control Room
Chemical Engineering - W Hallway
Chemistry - #1 Elevator - W Hallway, South
Chemistry - #2 Elevator - N Hallway
Chemistry - #3 Material Lift - W Loading Dock Lift
Chemistry - #4 Material Lift - Room 10
Chitwood Hall - #1 Elevator - East Unit
Chitwood Hall - #2 - The middle unit
Chitwood Hall - #3 Elevator - W Unit
Civil Engineering - #1 Elevator - S end of South Entrance
Civil Engineering - #2 Elevator - N Unit by Main Offices
Clement Hall - #1 Elevator - W Lobby, E Unit
Clement Hall - #2 Elevator - W Lobby, W Unit
Coleman Hall - #1 Elevator - S Unit
Coleman Hall - #2 Elevator - Middle Unit
Coleman Hall - #3 Elevator - N Unit
Texas Tech University
RFP for Elevator Maintenance
CSAR - Main Lobby
Dan Law Field (Rip Griffen Baseball)
Drane Hall - N Wing, W End
Education - #1 Elevator - Education (West Side)
Education - #2 Elevator - Education (East Side)
Electrical Engineering - #1 Elevator - Unit N of Breezeway
Electrical Engineering - #2 Elevator - EE Addition
Engineering & Material Research (Mass Communications) - #1 Elevator - W Passenger Unit
Engineering & Material Research (Mass Communications) - #2 Elevator - W Freight
Engineering Center - E End of Eng Center
Experimental Science - #1 Elevator - North Side
Experimental Science - #2 Elevator - South Side
Experimental Science - #3 Elevator - West End - Freight
Flint Parking Garage #1 Elevator - North West Unit
Flint Parking Garage #2 Elevator - North East Unit
Food Technology - E side, N of entrance
Foreign Language - West of Lobby
Gates Hall - #1 Elevator - W of lobby, E Unit
Gates Hall - #2 Elevator - W of lobby, W Unit
Goddard - Center of Bldg
Gordon Hall - #1 Elevator - Main Lobby W Unit
Gordon Hall - #2 Elevator - Main Lobby E Unit
Holden Hall #1 - E Entrance, New Holden
Holden Hall #2
Horn Hall - North Unit
Horn/Knapp Kitchen - N Kitchen Entrance
Hulen Hall - #1 Elevator - E of Lobby, E Unit
Hulen Hall - #2 Elevator - E of Lobby, W Unit
Human Sciences - #1 Elevator - Old Home Ec, NE Unit
Human Sciences - #2 Elevator - Tower N Unit
Human Sciences - #3 Elevator - Tower S Unit
Industrial Engineering - E of Main Breezeway
International Cultural Center - Wheel Chair Lift #1 - Rotunda
International Cultural Center - Wheel Chair Lift #2 - Auditorium
International Textile Center - N Hall, Center
John Walker Soccer Field - Center of Bleachers
Jones AT&T Stadium East Side - Escalator #1E - Main Lobby
Jones AT&T Stadium East Side - Escalator #2E - Main Lobby
Jones AT&T Stadium East Side - Escalator #3E - Main Lobby
Jones AT&T Stadium East Side - Escalator #4E - Main Lobby
Jones AT&T Stadium East Side-#2E Elevator - South End Elevator
Jones AT&T Stadium East Side-#3E Elevator - Elevator North End
Jones AT&T Stadium West Side - #1 Elevator - South End of West Stadium
Jones AT&T Stadium West Side - Escalator #3 - Main Entry Floor 3
Jones AT&T Stadium East Side-#1E Elevator - South End Elevator
Jones AT&T Stadium West Side - #2 Elevator - Main Lobby South
Jones AT&T Stadium West Side - #3 Elevator - Main Lobby South
Texas Tech University
Jones AT&T Stadium West Side - #4 Elevator - Main Lobby North
Jones AT&T Stadium West Side - #5 Elevator - Main Lobby North
Jones AT&T Stadium West Side - #6 Elevator - North End Freight
Jones AT&T Stadium West Side - Escalator #1 - Main Entry Floor 1-2
Jones AT&T Stadium West Side - Escalator #2 - Main Entry Floor 2-3
Jones Stadium Office (South) - S Athletic Office
Knapp Hall - N Hallway
Law - #1 Elevator - N Main Entrance 1871 (admin)
Law - #2 Elevator - S Law Library
Law - #3 Elevator - W Entrance of Building
Library - #1 Elevator - E Main Lobby
Library - #2 Elevator - E Main Lobby
Library - #3 Elevator - W Stack North U
Library - #4 Elevator - W Stack South U
Library - #5 Elevator - ATCL, West End
Livermore Center/College of Engineering - North Main Door
Math - #1 Elevator - Passenger - S Main Entrance
Math - #2 Elevator - Material Lift - N Service (old SW Coll)
McClellan Memorial - S Side, N/S Entrances
McLeod Tennis Center
Meat Lab
Mechanical Engineering - #1 Elevator - W Pass Unit
Mechanical Engineering - #2 Elevator - N Freight
Media & Comm - #1 Elevator - Tower W Unit
Media & Comm - #2 Elevator - Tower E Unit
Murdough Hall - #1 Elevator - W of Mail Lobby, N Unit
Murdough Hall - #2 Elevator - W of Main Lobby, S Unit
Murray Hall - #1 Elevator - East Side of Bldg.
Murray Hall - #2 Elevator - West Side of Bldg.
Museum - #1 Elevator - N Main Entrance
Museum - #2 Elevator - Freight, E Loading Dock
Museum - #3 Elevator - Freight, S Storage
Museum - #4 Elevator - S, Natural Science
Museum - #5 Elevator - W Auditorium or Core of Building
Museum - #6 Elevator - South Side or East Natural Science
Music - S Main Entrance
Petroleum Engineering - E Hallway
Philosophy - #3 Elevator - Philosophy (East Side)
Philosophy - #4 Elevator - Philosophy (West Side)
Physical Plant - E Hallway
Plant & Soil
Psychology - Center Hallway
Ranching Heritage Center - East End of Building
Rawls College of Business Admin (RCOBA) #1 Elevator - North Lobby
Rawls College of Business Admin (RCOBA) #2 Elevator - South Lobby
Research Park - #1 Elevator
Research Park - #2 Elevator
RFP for Elevator Maintenance
Texas Tech University
Science - #1 Elevator - E Hallway, Center Freight
Science - #2 Elevator - SE Passenger
Southwest Collections - #1 Elevator - E Unit
Southwest Collections - #2 Elevator - W Unit
Stangel Hall - #1 Elevator - E of Main Lobby, N Unit
Stangel Hall - #2 Elevator - E of Main Lobby, S Unit
Stangel/Murdough Dining - #1 Elevator - Dining Room Murdough
Stangel/Murdough Dining - #2 Elevator - Dining Room, Stangel
Student Recreation Center - #1 Elevator - E Side of Gym, Center
Student Recreation Center - #2 Elevator - E New Addition
Student Union Building - #1 Elevator - Core of Building
Student Union Building - #2 Elevator - South Hallway
Student Union Building - #3 Elevator - (South) Barnes & Noble Store
Student Union Building - #4 Elevator - South Side Service or East Side
Student Wellness Center - West of Main Entrance
Talkington Residence Hall (Boston Commons) #1 South
Talkington Residence Hall (Boston Commons) #2 North
Terry Fuller Petroleum Engineering
Texas Tech Downtown
Texas Tech Plaza - #1 Elevator - West (Left) Passenger
Texas Tech Plaza - #2 Elevator - East Passenger
United Supermarket Arena - #1 Elevator - SW Passenger
United Supermarket Arena - #2 Elevator - N Passenger
United Supermarket Arena - #3 Elevator - N Freight (by admin office)
Wall Hall - #1 Elevator - E of Lobby, E Unit
Wall Hall - #2 Elevator - E of Lobby, W Unit
West Hall - N Main Entrance
West Village "A" Building - #1 Elevator
West Village "A" Building - #2 Elevator
West Village "B" Building
Weymouth Hall - #1 Elevator - S Unit
Weymouth Hall - #2 Elevator - Center Unit
Weymouth Hall - #3 Elevator - N Unit
Wiggins Dining - #1 Elevator - S Freight
Wiggins Dining - #2 Elevator - N Freight
Wind Engineering - National Wind Institute (Journalism)
RFP for Elevator Maintenance
Texas Tech University
RFP for Elevator Maintenance
EXHIBIT
B
HOURLY COMPENSATION RATES
STRAIGHT TIME
$_______________
OVERTIME CALLBACKS
$_______________
SUNDAY AND HOLIDAY CALLBACKS
$_______________
SPECIAL EVENTS STANDBY
$_______________
UNIT COST FOR WORK OUTSIDE OF CONTRACT
$_______________
UNIT COST FOR ADDITIONAL SERVICES RELATED
TO UPGRADING EXISTING UNITS. VENDOR SHALL
ALSO INCLUDE A MAXIMUM CAP ON EQUIPMENT
OR PRODUCT MARK-UP.
$_______________
Texas Tech University
RFP for Elevator Maintenance
EXHIBIT C
Texas Tech University
RFP for Elevator Maintenance
EXHIBIT D
PRE-EXISTING CONDITIONS EXCEPTION
BUILDING
ELEVATOR
DESCRIPTION
COST TO CORRECT
Texas Tech University
RFP for Elevator Maintenance
PROJECT ACKNOWLEDGMENT
Date:
Name:
Address:
Physical
Telephone:
Mailing
Contact Person.
Having carefully examined the specifications, as well as the site and all conditions affecting the work, the
undersigned proposes to provide all labor, materials and equipment necessary to deliver full maintenance
services in accordance with the above documents for the amounts as annotated on Exhibit A and Exhibit B.
In addition, the above noted bidder confirms that:
1.
2.
3.
4.
5.
Representative(s) from the aforementioned company performed an onsite inspection of each
elevator as listed in Exhibit A.
The aforementioned company nor any of its representatives are not guilty of any collusion or fraud
in the preparation of its proposal.
The aforementioned company has been in the elevator maintenance service business for the last 5
consecutive years.
The aforementioned company has submitted the required bid guaranty in this package.
The aforementioned company has submitted its maintenance checklist sample.
THE UNDERSIGNED AGREES and VALIDATES:
1.
2.
3.
4.
If awarded the contract, to execute the required Performance Bond and Certificates of Insurance as
noted in the specifications.
This bid will be valid and not withdrawn for a period of thirty [30] days from the opening date.
The aforementioned company is not currently delinquent in the payment of any franchise tax owed
to the STATE OF TEXAS under Chapter 171 Tax Code.
The aforementioned company or any of its representatives have not received compensation for
participation in the preparation of these specifications.
SUBMITTED BY:
Firm: ______________________________
____________________________________________
Authorized Representative and Title (Print or type)
____________________________________________
Signature