Request for Quotation (RFQ) UB-20-B-13 Third Party ... · University of Baltimore RFQ No. RFQ UB-B-13 Third party elevator inspections _____ Version 5 February 4, 2002 3 1. BACKGROUND:

University of Baltimore RFQ No. RFQ UB-20-B-13: Third party elevator inspections

Request for Quotation (RFQ) UB-20-B-13 Third Party Elevator Inspections

Issued By: University of Baltimore Department of Procurement 1420 North Charles Street Baltimore, MD 21201 Attn: Nina Baxter Telephone: (410) 837-5130 e-mail: [email protected]

RFQ Number: RFQ UB-N-13 Date Issued: September 24, 2019 Questions: September 27, 2019 Quotation Due Date and Time: October 7, 2019 at 2:00 p.m (ET)

To: Prospective Bidders

Period of Performance: F.O.B. DESTINATION Payment Terms: Net 30 days Deliver To: SEE BELOW

Please enter your quotation for the items specified below. The University shall not pay any expenses incurred in the preparation or submission of any quotation. The University reserves the right to accept any or all items of any quotation, in whole or in part and to reject any or all quotations. The University will not accept alternate solutions or additional pricing.

Item No.

Supplies/Services Quantity Unit Unit Price Total

1

Witness Annual test and inspection- Vertical/handicap lift

1

2

Witness Annual test and inspection-hydraulic elevator

6

3 Witness Annual test and inspection- tractor elevator

18

4 Witness 5-year full load test and inspection-tractor elevator

4

Witness 5 year full load test and inspection- vertical/handicap lift

4

5 Hourly rate for follow-up re-inspection (if necessary)

1

mailto:[email protected]

University of Baltimore RFQ No. RFQ UB-B-13 Third party elevator inspections

____________________________________ Version 5 February 4, 2002

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The undersigned agrees to furnish any and all items for which prices are offered at the price set opposite each item, in compliance with the specifications, terms and conditions of this Request for Quotation, delivered to the destination point(s) within the period of performance specified above or within the number of days specified after date of order. The undersigned certifies that the firm submitting this quotation is not debarred from participating in contracts in the State of Maryland or excluded from federal contract awards and has accepted all terms and conditions included herein. TO BE COMPLETED BY THE FIRM OFFERING A QUOTE NAME AND ADDRESS OF QUOTER FEI Number: _________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN QUOTATION

DATE OF QUOTATION

SIGNER’S NAME AND TITLE

TELEPHONE No.



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1. BACKGROUND:

The University of Baltimore provides innovative education in law, business, public affairs and the applied arts and sciences to serve the needs of a diverse population. A public university, the University of Baltimore (UB) offers excellent teaching and a supportive community for undergraduate, graduate and professional students in an environment distinguished by academic research and public service. The University:

• makes excellence accessible to traditional and nontraditional students motivated by professional advancement and civic awareness

• establishes a foundation for lifelong learning, personal development and social responsibility

• combines theory and practice to create meaningful, real-world solutions to 21st-century urban challenges

• is an integral partner in the culture, commerce and future of Baltimore and the region. The University of Baltimore is one of 12 institutions that encompass the University System of Maryland, the nation's 12th largest university system. The University of Baltimore’s mission centers on providing innovative education in law, business and the applied liberal arts to serve the needs of a diverse population. UB’s institutional vision is to become a living-learning laboratory at the center of the Baltimore renaissance. The University is located in Baltimore’s cultural district, centered on Mt. Royal Avenue and Maryland Avenue, just two miles north of Baltimore’s Inner Harbor. The University has approximately 5,336 commuter students of whom 47% are full-time and 53% are part-time. The average age of our students is 29.5. UB has approximately 689 employees of which 179 are faculty. UB is located at the center of the city’s transportation hub, with easy access to the Light Rail, train station and bus routes. For more information about UB, visit www.ubalt.edu/institutionalresearch.

2. SCOPE OF WORK

The University of Baltimore is soliciting quotes for third party elevator inspection services in various University of Baltimore buildings. The Contractor furnish all labor, materials, and equipment necessary to provide third party elevator inspections services as follows: A. Tasks and Services 1. Provide a 24 hour, 7 –day per week emergency contact. 2. Maintain a toll-free phone line and fax line capability for electronic date

interfacing and/or on-site processing.

3. Provide Inspectors with all necessary tools, code books, training and personal

http://www.ubalt.edu/institutionalresearch



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safety equipment necessary to perform their duties to the highest industry standards.

4. Contractor must have the resources to track the deficiencies on a timetable and prioritize them for completion. Resources may include additional personnel, tracking computer software, etc.

5. Provide online data storage of all UB facilities/sites, buildings, vertical

transportation equipment, inspection data, etc. Online system must provide accessibility by UB and capable of producing reports and spreadsheets.

6. Contractor shall communicate and coordinate with University’s Project Manager

to expedite the correction of the deficiencies. 7. Contractor must communicate with the University’s elevator maintenance

company, when needed, to fully explain the deficiencies and to express correction priorities.

8. When deficiencies are noted in a regular inspection, and upon request by the

University, the Contractor will make a compliance visit within 90 calendar days of the initial inspection to verity that all deficiencies have been corrected. Deficiencies will be corrected by the University and/or University’s elevator maintenance Contractor.

9. Contractor must indicate how outcomes of the inspections will be reported to the

University. 10. Contractor and Contractor’s Inspections shall comply with the code of Ethics in

conformance with ASME QEI-1-2013 Edition Appendix E.

11. Contractor must be available for in-person meetings/consultations upon request by the University.

12. Work will be performed during normal business hours (Monday-Friday 8:00 AM

-4:00 PM)

B. Regulations

1. Inspections and test shall be performed to verity conformance, at the time of installation or alteration, to the following standards:

a. Local and State Building Codes b. ASME A17, 1 Safety Code for Elevator and Escalators C. ASME A18.1 Safety Standard for Platform Lifts and Stairway Chair Lifts



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2. Inspections and witnessing of tests shall be performed in compliance with the current edition of:

a. ASME 17.1 Safety Code for Elevators and Escalators Chapter 8, b. ASME A17.2 Guide for Inspection of Elevators, Escalators and

Moving Walks. c. ASME A18.1 Safety Standard for Platform Lifts and Stairway Chair

Lifts, Chapter 10.

3. Reporting shall be in conformance with ASME A17.2 Guide for Inspection of Elevators, Escalators and Moving Walks and shall include the A17.2 checklist format.

a. Reports for Platform and Chair lifts shall conform to ASME A18.1 Safety

Standard for Platform Lifts and Stairway Chair Lifts, Chapter 10.

4. Inspectors shall be required to maintain a current QEI certification issued by an organization meeting the current standards described in the current edition of ASME A17.1 8.11, and shall be certified by an accredited certifying organization set forth in the current edition of the ASME QEI, and shall carry proof of that certification at all times on the job site (see QEI-2013 Appendix C).

a. Inspector shall maintain a means of two-way communication on their person at all times. b. Inspectors are required to provide their own Personal Protective

Equipment (PPE) and perform their duties in conformance with the latest edition of the Elevator Industry Field Employees Safety Handbook (published by the Elevator World, Inc. – See Also A17.1 Introduction Part 7).

C. Reporting Requirements

1. Reports shall be sent to the University within 10 business days of inspection/test and made available via on-line access.

2. Reports shall include but are not limited to the following:

a. Location Information (School/facility name, building ID, address) b. Date of inspection/test c. Type of equipment d. Code standard and edition inspected/tested to e. Elevator number, manufacturer, and serial number



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f. Where non-compliant items are found report shall indicate:

i. Specific ASME A17.1 code reference. ii. Specific ASME A17.2 Item number or A18.1 Chapter 10 reference iii. Non-compliance shall be based on the A17.1 code or A18.1

standard edition at the time of installation or alteration or where indicated in ASME A17.1 Chapter 8

iv. Where indicated by the Maryland Fire Marshal’s office, retroactive requirements shall be inspected and indicated as non-compliant. See Fire Marshal’s website for current and future references:

https://mdsp.maryland.gov/firemarshal/Pages/StateFireMarshal.aspx

D. Scheduling

1. Within 30 calendar days of contract award, the Contractor shall provide the following to the University, but not limited to:

a. Develop a process/methodology for scheduling appointments for

routine and/or annual inspections with the University Project Manager for each location and, when deemed necessary, the University maintenance contractor. The process/methodology must include steps that will ensure Category 5 tests are scheduled to occur simultaneously with the annual and Category 1 or 3 tests.

b. Inspections for all units except Material Lifts shall be not less than

every 6 months (twice annually). c. Inspections may be done at the same time as test witnessing;

however, the Contractor may not exceed the required frequency by more than 30 calendar days.

d. Where specifically requested by the State and approved in advance by the University:

2. Within thirty (30) calendar days of contract award, and then quarterly thereafter, Contractor will provide the University with a list of scheduled inspections to include the location, the proposed inspection, and time period of the inspection.

a. Contractor shall develop a process that will verify an appointment for the required inspection has been scheduled with the University not more than thirty (30) calendar days prior to the proposed time period.

b. Contractor must develop a process for/method of capturing/confirming

building and site information for existing and/or new buildings and sites.

https://mdsp.maryland.gov/firemarshal/Pages/StateFireMarshal.aspx



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c. All testing is to be done by the University maintenance Contractor.

E. Performance of Duties

1. Upon arrival at job site, inspector shall contact site representative and shall log their time in and out on a visit verification form and provide phone number for emergency contact while onsite.

2. Where controller unit does not have a code data plate as required by

ASME A17.1 section 8.9.1, inspector shall inspect to a likely edition of the code and indicate the missing code data plate as being non-conforming to this code reference. Contractor must provide a process/procedure for assisting The University with recovering or locating missing data plates that are required by code in order for annual or category tests to be conducted.

F. Inspections

a. The University shall provide access to elevator equipment including machine rooms, machine spaces, pits, cars, car tops and hoistways.

b. Where necessary, the inspector shall provide adequate signage on equipment and at hall stations/landings to notify the public that the elevator is out of service for inspection.

c. Inspector shall provide barricades before opening hoistway doors to unprotected elevator shaft entrances or escalator landings.

d. Where an inspection is not completed for (but not limited to) any of the following reasons he University shall be contacted immediately. i. Elevator is not in service upon arrival to site ii. The University cannot provide adequate access to

equipment for inspection. 3. Test Witnessing

a. Annual certification shall include:

i. Check of Fire Service as described in ASME A17.1 Section 8.6.11.1 ii. Check of two-way communication iii. Check of emergency lighting and communication (alarm bell)

b. Failure to complete testing:

i. Where a test is not completed for any of the following reasons

inspector shall notify the University immediately:



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a) Maintenance Contractor is not qualified or prepared to perform testing

b) Maintenance Control Program as described in ASME A17.1 section 8.6.1.2.1 including test procedure and or schematic drawings are not available to perform the test.

4. Elevators Removed from Service for Non-Compliance

a. Where inspector determines through inspection that an immediate

danger to the public may occur the inspector shall respond as follows:

i. Notify the University Project Manager immediately ii. Notify onsite building representative immediately iii. Inspector shall not install lock/out tags or remove the elevator from

service. This is the sole responsibility of the University representative.

F. Deliverables

The Contractor shall provide the following:

5. Within thirty (30) calendar days of contract award, a proposed schedule for routine and/or semi-annual and/or annual inspections at each specific location to be conducted in the 1st quarter. Schedule will include any proposed or needed tests.

6. Attendance by Contractor staff at a quarterly meeting with the

University, either in person or via conference call.

7. Reports shall be provided to the University via a Contractor-maintained website within ten (10) calendar days of inspection/test.

8. As needed/requested, any/all calculations, data, or other information

required and approved by the University in order to effect timely payment of invoices and/or for justification of contract amendments.

9. Invoices shall include, at a minimum: The University location,

building name, site name,, total number and type of equipment that exists at the location, total number and type actually inspected, subtotal cost by type, total hours of test witnessing, total cost of inspections, and a remark section for each unit (ex., “out of service”, “needs to be taken out of service”, “facility closed”, etc.).

University of Baltimore RFQ No. UB-B-13 Third Party Elevator Inspections

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3. CONTRACT TERM The initial contract term shall be for one year, commencing on or about, October 14, 2019 and ending on September 30, 2020.

The University reserves the unilateral right to renew the contract for up to four (4) additional, separately executable, 12 months periods at the same basis of pricing, terms and conditions.

4. QUESTIONS

Each contractor is responsible for reading very carefully and understanding fully the terms and conditions of this RFQ. All communications regarding this solicitation are to be made solely through the Issuing Office. Requests for clarification or additional information must be made in writing via email to [email protected] to the Procurement Office by close of business on September 27, 2019. Only written communications relative to the procurement shall be considered. All questions will be answered in writing. Should a response result in a change to the RFQ, an amendment will be issued in the form of an addendum to the RFQ. Both questions and answers will be distributed, without identification of the inquirer(s), to all prospective contractors who are on record with the Procurement Office as having received this RFQ. No oral communications from the project team can be relied upon for proposal purposes.

5. QUOTE DUE DATE AND SUBMISSION

Quotes, Attachment A – Contractor Experience/Reference Form, QEI Certification of inspector(s) proposed to work on resulting contract and Experience/Reference Form, and Certificate of Insurance - are due on October 7, 2019 at 2:00 PM (ET). Quotes in electronic format, as well as transactions, and communication are permitted for this procurement. Quotes must be sent by TCPIP compliant e-mail sent to the issuing office, [email protected]. E-mail transmissions may only include text transmission (not HTML) and may include attachments in Adobe Acrobat.pdf®, Microsoft® (MS) Windows XP applications or compatible format including MS Word®, MS Excel®, and graphics in .jpg format. Attachments must not be zipped or compressed. Any and all e-mail must include the solicitation number and title on the cover page or subject line. In addition, the University may make copies of solicitations, amendments to solicitations, and solicitation attachments, exhibits, etc. The University may require confirmation of receipt of all e-mail transmissions, by return e-mail (send a response to acknowledge that the original message was received). The date and time for delivery of e-mail delivery of a solicitation and related documents will be the same as the date and time specified in the solicitation for hard copy / paper copy delivery. Delivery will be accomplished at the date and time the transmission is received by the issuing office.




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Prospective bidders are encouraged to send test messages, and to request confirmation of delivery of e-mail.

6. INSURANCE REQUIREMENT

The Contractor shall defend, indemnify and save harmless the University System of Maryland, its officers, employees and agents, from any and all claims, liability, losses and causes of actions which may arise out of the errors, omissions and performance or non-performance by the Contractor, employees or agents, of the work covered by this contract. The University shall not assume any obligation to indemnify, hold harmless or pay attorneys' fees that may arise from or in any way be associated with the performance or operation of this agreement.

The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, including any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under this contract. The amounts of insurance coverage specified below shall be the minimum amount of available insurance to satisfy claims; a policy which allows the costs associated with investigating, management or defense of any claim, or any other cost incurred by the insured or the insurance carrier, to be deducted from the policy limits is not acceptable. a. Commercial General Liability Insurance including all extensions- $2,000,000 each occurrence; $2,000,000 personal injury; $2,000,000 products/completed operations; $2,000,000 general aggregated b. Workmen's Compensation Insurance and Unemployment Insurance as required by

the laws of the State of Maryland. c. Professional Liability Insurance, with a limit of not less than $1,000,000 per

occurrence. d. If automotive equipment is used in the operation, automobile bodily injury liability

insurance with limits of not less than $1,000,000 for each person and $2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident.

e. Products liability insurance, if not included in the Comprehensive, with limits of not

less than $1,000,000 for each person and $2,000,000 for each accident. All policies for liability protection, bodily injury or property damage must specifically and expressly name the University System of Maryland as an insured with respect to operations under the contract and premises occupied by the Contractor. With respect to the Contractor's liability for bodily injury or property damage under the items above, such insurance shall cover and not exclude Contractor's liability for injury to the property of the University


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System and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University System.

Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy." A certificate of each policy of insurance shall be furnished to the Procurement Officer. With the exception of Workmen's Compensation, upon the request of the Procurement Officer a certified true copy of each policy of insurance, including the above endorsement manually countersigned by an authorized representative of the insurance company, shall be furnished. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always be furnished. Following the notice of contract award, the requested Certificates and Policies shall be delivered as directed by the Procurement Officer. Notices of policy changes shall be furnished to the Procurement Officer. All required insurance coverage’s must be acquired from insurers registered to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports.

7. CONTRACTOR EXPERIENCE

Contractors must complete Attachment A – Contractor Experience/Reference Form. Cited references must be able to confirm, without reservation, the contractor's ability to perform as mandated in this solicitation. Reference information must include, at a minimum, Name and address of the reference firm, name of the contact person the University may contact, telephone number for contract person, e-mail address for contact person if available. References should be from firms that are at least the size of the University of Baltimore.

8. COMPENSATION AND PAYMENT METHOD Payments to the Contractor pursuant to this Purchase Order shall be made no later than thirty (30) days after the University's receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities as applicable, are prohibited.

9. INVOICING

Invoices for payment are to be submitted to the University’s Project Manager after the work has been successfully completed per the contract. Upon the Project Manager’s concurrence that the work has been performed as per the contract, the Project Manager will approve the invoice (s) and will forward the invoice (s) to UB Accounts Payable for payment.


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Contractor agrees to include itemized detail on each invoice including quantity, unit of measure, and price. Contractor agrees to include on the face of all invoices billed to the University, its Taxpayer Identification Number, which for individuals and sole proprietors is the Social Security Number and for all other types of organizations is the Federal Employer Identification Number. Each invoice must be numbered and dated, and include the remittance address. Contractor’s Federal Tax Identification Number or Social Security Number is __ __ - __ __ __ __ __ __ __ __ __.

10. CONTRACT TYPE

The resulting contract shall be an indefinite quantity contract. The University makes no guarantees of the maximum or minimum number of hours number of hours or inspections/tests utilized under any resulting contract. The University also makes no guarantees of the level of service required under any resulting contract.


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Request for Quotation Terms and Conditions 1. Quotes containing terms and conditions contrary to the University of Baltimore's terms and

conditions or taking exception to any of the terms and conditions in this Request For Quotation may be considered unacceptable and your quote may be rejected.

2. Quotes on comparable items are invited. Minor deviations in size and operational characteristics from those set forth in this Request for Quotation (RFQ) will be considered when such deviations do not alter nor deter the users from accomplishing the intended use or function. If the product offered does not meet specifications in a minor way, the offeror must clearly indicate in writing how the product(s) deviate from the specifications. The offeror must also explain how their product accomplishes the desired function 67. Bidders who do not comply with this request may have their quotation considered unacceptable.

3. The University will not accept alternate solutions or additional pricing. 4. If you are offering other than the items listed, indicate each unit offered by its manufacturer and

model number on your quote. 5. All shipments are to be made F.O.B. Destination. Quotes that do not include shipping terms

of F.O.B. Destination may be considered unacceptable and may be rejected. 6. If the University receives only a single responsive, responsible quote, the University reserves the

right to cancel this RFQ without award and to resolicit the requirement in an effort to obtain additional quotes

7. The University reserves the right to accept or reject any and all quotes, in whole or in part, received as a result of this RFQ.

8. The University reserves the right to make a whole award, multiple awards, a partial award, or no award at all.

9. Unless otherwise specified herein by the University, all materials are to be new, and of first quality.

10. The University requires the successful offeror to provide a direct manufacturer's warranty, held by the University, and of which the University may avail itself with direct contact with the manufacturer. Please specify the duration of the manufacturer's warranty that will apply to the items offered and indicate if the warranty includes parts and labor.

11. Time is of the essence. Be specific when quoting proposed delivery. Delivery may be a factor considered in making the award.

12. By submitting this Quote, offeror agrees that all prices are valid for 90 days. 13. The University reserves the right to purchase additional quantities of the items listed in this RFQ

as long as the prices remain the same. 14. The University reserves the right to award this quotation in the aggregate, on an item by item

basis or based on groups of items. 15. By submitting a bid or proposal, the contractor agrees to extend the proposal price structure and

discounts to all University System of Maryland campuses and facilities within the state of Maryland.


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University of Baltimore Purchase Order Terms and Conditions 1. Maryland Law Prevails. The provisions of this purchase order shall be governed by the laws of Maryland. 2. Incorporation by Reference. All terms and conditions of the solicitation, and any changes thereto, are made a part of this Purchase Order. 3. Specifications. All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications con-tained in the solicitation (if applicable). 4. Changes. This Purchase Order may be amended with the consent of both parties. Amendments may not change significantly the scope of the Purchase Order. 5. Delivery. Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The Contractor agrees to perform the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrance, from any cause whatsoever, during the progress of any portion of the work specified in this Purchase Order. 6. Acceptance of Goods and/or Services The materials listed in the bid or proposal shall be delivered FOB Destination to the point or points specified on this Purchase Order prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The University reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any. 7. Contractor's Invoices. Contractor agrees to include on the face of all invoices billed to the University, its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations. If a Purchase Order document is issued, the Purchase Order Number must be included. Contractor shall send a separate invoice, in duplicate, for this Purchase Order. 8. Tax Exemption. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a Purchase Order, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. 9. Termination for Default. If the Contractor fails to fulfill its obligation under this contract properly and on time, or otherwise violates any provision of the contract, the University may terminate the contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the University's option, become the University's property. The University shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the University can affirmatively collect damages. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of USM Procurement Policies and Procedures.10. Termination for Convenience: Upon written notice to the Contractor, the University may terminate this contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of the University. The University shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of USM Procurement Policies and Procedures. 11. Conflicting Terms. Any proposal for terms in addition to, or different from, those set forth in this Purchase Order, or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this Purchase Order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this Purchase Order may not be waived. 12. Disputes. This Purchase Order shall be subject to USM Procurement Policies and Procedures. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Purchase Order in accordance with the procurement officer's decision. 13. Compensation Contractor shall be paid only for items or services that are specifically named in this Purchase Order. No additional costs for items or services will be paid by the University without its prior express written consent. 14. Payment of University Obligations Payments to the Contractor pursuant to this Purchase Order shall be made no later than thirty (30) days after the University's receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities as applicable, are prohibited. 15. Multi-Year Purchase Orders. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Purchase Order shall terminate automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 16. Intellectual Property. Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Purchase Order. 17. Retention of Records. The Contractor shall retain and maintain all records and documents relating to this Purchase Order for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times. 18. Equal Employment Opportunity The Contractor warrants that the contractor shall comply with E.O. 11246, “Equal Employment Opportunity”, as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity, “ and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 19. Rights to Inventions Made Under a Purchase Order or Agreement If federally funded, any inventions created by the contractor in performance of this Purchase Order's experimental, developmental, or research work, if applicable, will become the property of the Federal Government and the University of Maryland in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Purchase Orders and Cooperative Agreements", and any implementing regulations issued by the awarding agency. With respect


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to any subject invention in which the Contractor retains title, the Federal Government and the University shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice on behalf of the United States the subject invention throughout the world. 20. Contract Work Hours and Safety Standard Act. If this purchase order is in an amount greater than $100,000 and is funded by a federal grant, the following shall apply: Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) – Where applicable, if order involves the employment of mechanics or laborers, the contractor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). 21. Non-Hiring of Officials and Employees; Conflicts of Interest. No official or employee of the State, as defined under General Provisions Article § 5-502 whose duties as such official or employee include matters relating to or affecting the subject matter of this contract shall, during the pendency or term of this contract and while serving as an official or employee of the State, become or be an employee of the contractor or any entity that is a subcontractor on this contract. 22. Nondiscrimination in Employment. The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 23. Financial Disclosure. The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $200,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 24. Political Contribution Disclosure. The Contractor shall comply with Article 33, Sections 30-1 through 30-4, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year in which the person receives in the aggregate $200,000 or more, shall file with the State Administration Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. 25. Anti-Bribery. The Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government. 26. Registration. Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 27. Contingent Fees. The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. 28. Drug and Alcohol Free Workplace. The contractor warrants that the contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this purchase order. 29. EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. 30. Occupational Safety and Health Act (O.S.H-4L.). All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 31. Pre-existing Regulations. The regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract. 32. Indemnification. The University shall not assume any obligation to indemnify, hold harmless, or pay attorneys' fees that may arise from or in any way be associated with the performance or operation of this agreement. PUR-021 (4/19) REV 4.3


_______________________ Page 16 of 17 Version 4 8-13-2019

ATTACHMENT A

Contractor Experience / Reference Form

Bidders shall provide references for at three (3) current clients indicating the Name of the contract, Contact name, address, phone number, and email address. Indicate the contract term and contract value. Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________

Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________

Contract Name: _______________________ Contact Name: ________________________________ Address: __________________________________Phone: __________________________________ Email address: _____________________________________________________________________ Term of Contract: _____________________ Value of Contract: ______________________________


_______________________ Page 17 of 17 Version 4 8-13-2019

ATTACHMENT B

List of the University of Baltimore’s Elevators

Location Address ST Number

Type Inspection Due Date

Certificate Expiration

Date 1 Charles Royal Building 1319 N. Charles Street

Baltimore, MD 21201

BC2001

Hydraulic Basement

1/16/19

1/16/19 2 40 West Chase 40 W. Chase Street

Baltimore, MD 21201

ST2190

Hydraulic Basement

2/9/19

2/9/19 3 Maryland Avenue Garage 111 Cathedral Street Garage

Baltimore, MD 21201

ST1330

Hydraulic Basement

7/27/19

7/27/19 4 Maryland Avenue Garage 111 Cathedral Street Garage

Baltimore, MD 21201

ST1331

Hydraulic Basement

7/27/19

7/27/19 5 Robert L. Bogomolny

Library 1420 Maryland Avenue Baltimore, MD 21021

ST5929

Gearless Lift

8/3/19

8/3/19

6 Robert L. Bogomolny Library

1420 Maryland Avenue Baltimore, MD 21201

ST5911

Traction Overhead

5/23/19

5/23/19

7 Student Center 21 W. Mount Royal Avenue Baltimore, MD 21201

ST5513

Hydraulic Basement

5/4/19

5/4/19


ST5515

Traction Basement

5/4/19

5/4/19


ST5516

Traction Basement

5/4/19

5/4/19

10 Schaeffer Center 5 W. Chase Street Baltimore, MD 21201

ST4076

Roped Hydraulic

5/31/19

5/31/19

11 Academic Center 1420 N. Charles Street Baltimore, MD 21201

ST1437

Traction Overhead

1/11/19

1/11/19


ST1438

Traction Overhead

8/7/19

8/7/19


ST5538

Traction Overhead

1/11/19

1/11/19

14 Angelos Law 1421 N. Charles Street Baltimore, MD 21201

ST5704

Traction Overhead

5/30/19

5/30/19


ST5705

Traction Overhead

5/30/19

5/30/19


ST5706

Traction Overhead

5/30/19

5/30/19


ST5707

Traction Overhead

6/1/19

6/1/19

18 LP Building 10 W. Preston Street Baltimore, MD 21201

ST5568

Traction Overhead

6/18/19

6/18/19

19 LP Building 10 W. Preston Street Baltimore, MD 21201

ST5585

Traction Overhead

6/18/19

6/18/19

20 School of Business 11 W. Mount Royal Avenue Baltimore, MD 21201

ST2191

Traction Overhead

3/7/19

3/7/19


ST2192

Traction Overhead

3/7/19

3/7/19


ST2193

Traction Overhead

3/7/19

3/7/19

23 Learning Commons 1415 Maryland Avenue Baltimore, MD 21201

ST1565

Traction Overhead

1/16/19

1/16/19


ST1810

Traction Overhead

1/16/19

1/16/19


ST1569

Traction Overhead

8/8/19

8/8/19

Documents

Request for Quotation (RFQ) UB-20-B-13 Third Party ... · University of Baltimore RFQ No. RFQ UB-B-13 Third party elevator inspections _____ Version 5 February 4, 2002 3 1. BACKGROUND: