Elevator Maintenance Services R FP June 202014 Final

REQUEST FOR PROPOSAL
Elevator Maintenance Services
June 23, 2014
ST. CLOUD STATE UNIVERSITY

720 4TH AVENUE SOUTH
ST. CLOUD, MN 56301-4498
St. Cloud State University Elevator Maintenance RFP Page 1

TABLE OF CONTENTS
Section Page
TABLE OF CONTENTS 2
ADVERTISEMENT FOR PROPOSALS 4
PROPOSAL INSTRUCTIONS 4
AFFIRMATIVE ACTION COMPLIANCE 5
AFFIDAVIT OF NON-COLLUSION 5
PROPOSAL FOR CONTRACT WORK 5
PROPOSAL OFFERING FORM 6
Section 1 - GENERAL INFORMATION

1.1 Scope of Service 7
1.2 General Information 7
1.3 Issuing Office 7
Section 2 - TERMS AND CONDITIONS

2.1 Proposal Evaluation and Award 7
2.2 Applicable Law 8
2.3 Parties to the Contract 8
2.4 Pricing 8
2.5 Non-Discrimination 8
2.6 State Audits 8
2.7 Affirmative Action 8
2.8 Licenses 8
2.9 Supervision and Inspection 8
2.10 Amendments 8
2.11 Contract Termination 9
2.12 Indemnification 9
2.13 Laws to be Observed 9
2.14 Liens 9
2.15 Reimbursement of Costs 9
2.16 Vendor Selection 9
2.17 Disposition of Responses 9
2.18 Insurance 10
2.19 Prevailing Wage Rate Requirements 11
2.20 Response Evaluation 12
2.21 Conflict of Interest 13
2.22 Organizational Conflicts of Interest 13
Section 3 - CONTRACT TERMS

3.1 Terms and Conditions 13
3.2 Contract Documents 14
3.3 Contract Term 14
3.4 Contract Assignment 14
3.5 Contract Liaison 14
Section 4 – SPECIFICATIONS AND REQUIREMENTS 14

EXHIBITS
Exhibit A MnSCU Services Contract 45
Exhibit B Sample ACORD Insurance Certificate 51
Exhibit C Affidavit of Non-Collusion 53
Exhibit D Affirmative Action Certification 54

DATE: June 23, 2014
TITLE: St Cloud State University

Elevator Maintenance Services
Request for Proposal
ISSUING AGENCY: St. Cloud State University

720 Fourth Avenue South
St. Cloud, Minnesota 56301-4498
PROPOSAL INSTRUCTIONS: Proposals will be received and registered until 3:00 PM on July 8, 2014 for furnishing
the services described herein. Proposals received after this time and date will be rejected and returned unopened.
Proposals may be delivered in person or by U.S. mail or other couriers. Faxed proposals are not acceptable. Proposals
must be submitted with the envelope plainly marked in the lower left corner: “St Cloud State University Elevator
Maintenance Services Request for Proposal”
PROPOSAL ACCEPTANCE PERIOD: This proposal shall be binding upon the Proposer for 90 calendar days
following the proposal due date. Any proposal in which the Proposer shortens the acceptance period may be rejected.
Proposals will be on file and open to public inspection for 30 days after award determination. All terms and specifications
included in or appended to this solicitation apply to any subsequent award.
Complete and return the Proposal Offering Form with the Proposal to:
St. Cloud State University

Lisa Sparks, Purchasing Supervisor
Business Services - AS 122
St. Cloud, MN 56301-4498
All forms and attachments must be filled out in ink, typewritten, or word-processed.
All inquiries for information are to be directed to:
Lisa Sparks, Purchasing Supervisor

St. Cloud, Minnesota 56301-4498
Phone: (320) 308-4788
Other department personnel are NOT allowed to discuss the Request for Proposal with anyone, including responders,
before the proposal submission deadline.
REVISIONS TO THE REQUEST FOR PROPOSAL: In the event it becomes necessary to revise any part of this
Request for Proposal, revisions will be provided in the form of an addendum on the web link
www.stcloudstate.edu/businessservices/ under “News & Announcements” where the initial Request For Proposal is
housed. The University reserves the right to extend the deadline for receipt of proposals if necessary.
WITHDRAWAL OF PROPOSAL: Proposals may be withdrawn in writing and submitted by facsimile, mail, or hand
delivery from the Vendor prior to the deadline for receipt of proposals. No oral withdrawals will be accepted.

SELECTION AND IMPLEMENTATION TIMELINE:
June 23 Publish ad for Elevator Maintenance services RFP in State Register

July 1, 2014, 10:00 AM Mandatory pre bid site meeting, Atwood Memorial Center, Oak room
July 7, 4:00 PM Questions due
July 8, 4:00 PM Addendum issued
July 15, 3:00 p.m. Deadline for proposals
Late July Contracts complete
REQUIREMENTS FOR SUBMITTING A PROPOSAL: Proposals should be as thorough and detailed as possible so
that the University may properly evaluate the Proposer’s capability to provide the required services. The vendor must
clearly state in the proposal any exceptions to or deviations from the contract’s terms and conditions. Any costs incurred
by the successful vendor in the completion of any award issued on the basis of this proposal, but not explicitly stated in
the vendors response, shall not be payable. Please submit (1) one original and (3) three copies of the proposal along with
an electronic version of the proposal on a CD, saved to be less than 10mb. Proposal is limited to 20 pages, front to back.
Proposers are required to submit the following items or information but are not limited solely to these items:
 Request for Proposal Offering Form signed and completed as specified.
 Name and address of operating company.
 Acknowledgement of the acceptance of terms within the MnSCU Services Contract (Exhibit A; in RFP)
 Affidavit of Non-Collusion signed and completed as specified (Exhibit C; in RFP)
 Affirmative Action certificate of Compliance Statement signed and completed as specified (Exhibit D; in RFP)
 Attachment # 1 (pg. 33)
 Attachments 4A, 4B, 4C, 4D and 4E (Pgs. 40 – 45)
 Response Evaluation criteria information (Pgs 12 – 13)

PROPOSAL OFFERING FORM
In compliance with this Request for Proposal, the undersigned acknowledges that I have read and understand all the
conditions imposed herein and offer and agree to furnish the services in accordance with the information furnished below.
Name of Firm: ___________________________________________
Address: ___________________________________________
City: ___________________________________________
State: _____________________ Zip: ____________
Telephone: ____________________ (please include area code)
Federal ID ___________________________________________
State ID ___________________________________________
Name: ___________________________________________
Signature: ___________________________________________
Title: ___________________________________________
Date: _____________________________

Section 1 GENERAL INFORMATION
1.1 SCOPE OF SERVICE
St. Cloud State University is soliciting proposals from qualified vendors to provide Elevator Maintenance
Services that will adequately meet the needs of the University while promoting the greatest extent of competition
that is practicable. This RFP is undertaken by St. Cloud State University pursuant to the authority contained in
provisions of Minnesota Statutes 136F.581.
The purpose of this solicitation is to obtain specific proposals from potential vendors to include how they feel
their capabilities and services best match the needs of St Cloud State University.
1.2 GENERAL INFORMATION
St. Cloud State University is a member of the Minnesota State Colleges and Universities (MnSCU)
System. MnSCU is the largest single provider of higher education in the state of Minnesota and the fifth largest
system of colleges and universities in the United States. The system includes 31 institutions (24 technical and
community colleges and seven state universities) spanning 54 campuses across 47 Minnesota communities
serving more than 430,000 students annually.
St. Cloud State University is a comprehensive higher education institution located in the city of St. Cloud,
Minnesota. St. Cloud is located 70 miles northwest of Minneapolis along the Mississippi River. St. Cloud State
University was founded in 1869 and is a community of 16,000 students. The campus consists of eight schools
and colleges.
1.3 ISSUING OFFICE
The SCSU Purchasing Department is issuing this Request For Proposal (RFP) on behalf of SCSU. The SCSU
Purchasing Department is the sole point of contact regarding all procurement and contractual matters relating to
the requirements described in this RFP, and is the only office authorized to change, modify, clarify, etc., the
specifications, terms, and conditions of this RFP. All communications, including any requests for clarification,
concerning this RFP shall be addressed in writing, e-mail or fax to:
Reference: St Cloud State University Elevator Maintenance Services RFP

Purchasing Contact: Lisa Sparks (320) 308-4788
Purchasing Fax: (320) 308-4175
E-mail: lksparks@stcloudstate.edu
Section 2 TERMS AND CONDITIONS
2.1 PROPOSAL EVALUATION AND AWARD:
The award shall be made in the best interest of the University. This Request for Proposal is not subject to any
competitive bidding requirements of Minnesota law. The University reserves the right to accept other than the
most financially advantageous proposal. The University reserves the right to accept or reject any and all
proposals, to waive any informality in proposals, and unless otherwise specified in writing by the Proposer, to
accept any items in any proposal. The University may require oral presentation of one or more Proposers for the
purpose of discussion and negotiation. The award document will be a Contract incorporating, by reference, all the
requirements, terms and conditions of the solicitation and the Proposer’s proposal as negotiated.
2.2 APPLICABLE LAW:
This contract shall be governed and interpreted by the laws of the State of Minnesota.
2.3 PARTIES TO THE CONTRACT:

The Contract shall be between St. Cloud State University, an agency of Minnesota State Colleges and
Universities, and the successful Proposer known as the “Contractor” according to the terms set forth herein. A
representative of the University will be responsible for the administration of the Contract, and referred to as the
“Contract Liaison”.
2.4 PRICING:
Prices quoted should include all taxes and fees.
2.5 NON-DISCRIMINATION:
In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against
any University employee or student because of race, color, religion, national origin, sex, and marital status, status
with regard to public assistance, disability, or age.
2.6 STATE AUDITS:
The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this
contract shall be subject to examination by the contracting department and the Legislative Auditor.
2.7 AFFIRMATIVE ACTION:
Contracts that are one hundred thousand dollars ($100,000.00) or more require a Certificate of Compliance from
the State of Minnesota Department of Human Rights.
Effective July 1, 2003 – The Minnesota Department of Human Rights is authorized to charge a $75.00 fee for
each Certificate of Compliance issued. You may submit your affirmative action plan along with a cashier’s check
or money order in the amount of $75.00 to the Minnesota Department of Human Rights or you may contact the
Department for additional information at: Contract Compliance Unit, Minnesota Department of Human Rights,
Sibley Square at Mears Park, 190 East 5th Street, Suite 700, St. Paul, MN 55101, Phone 651-296-5662, TTY 651-
296-1283, Toll Free 800-657-3704.
2.8 LICENSES:
The successful Contractor(s) shall have and maintain a valid and appropriate business license (if applicable), meet
all local, state, and federal codes, and have current all required local, state, and federal licenses.
2.9 SUPERVISION AND INSPECTION:
The University will reserve the right to request the removal of any Contractor(s) employee from the performance
of the contract if in the judgment of the University, such removal shall be necessary in order to protect the
interests of the University.
2.10 AMENDMENTS:
The Contract shall not be varied except by an amendment executed subsequently to the execution of the Contract
by both parties.
2.11 CONTRACT TERMINATION:
The University may terminate with or without cause the Contract by giving the other not less than thirty (30) days
written notice of the intention to terminate as of the specified date. In the event of such a cancellation, the

CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily
performed.
2.12 INDEMNIFICATION:
The Contractor shall indemnify, defend or hold the University harmless:
1. From and against any claim or demand by third persons for loss, liability or damage, including claims for
property damage, personal injury or wrongful death, arising out of any accident thereto occasioned by any act
or nuisance made or suffered on the Premises, or by any fire or other destructive force on the Premises or
growing out of or caused by any failure on the part of the Contractor to maintain the Premises in a safe
condition and shall reimburse the University for all costs and expenses in connection with the defense of such
claims; and
2. From and against all actions, suits, damages, and claims by whomsoever brought or made by reason of the
non-observance or non-performance of any of the terms, covenants and conditions in the Contract or the rules,
regulations, ordinances and laws of the United States or the State of Minnesota.
2.13 LAWS TO BE OBSERVED:
The Contractor shall observe, perform and comply with or require compliance with all
governmental laws, ordinances, rules and regulations of the United States and the State of Minnesota, the
Minnesota State Colleges and Universities, or any department thereof, which in any manner may affect the
providing of services required as outlined in this Request for Proposal.
2.14 LIENS:
The Contractor shall not commit or suffer any act of neglect whereby the University premises shall become
subject to any attachment, lien, or encumbrance whatsoever, except as hereinafter provided, and shall indemnify
and hold harmless the University from and against all attachments, liens, charges, and encumbrances and all
expenses relating therefrom.
2.15 REIMBURSEMENT OF COSTS:
Each Vendor submitting a proposal is responsible for all costs associated with preparing and submitting a
complete proposal response, including costs that may be incurred in providing SCSU with additional information.
SCSU is under no obligation to reimburse the Vendor for any proposal costs or incur any costs on Vendor's
behalf.
2.16 VENDOR SELECTION:
The selection of a Vendor and the accompanying award of a contract, should either occur, is at the discretion of
SCSU. Implementation of the services covered by executed contracts by any MnSCU campus other than SCSU
will be at the sole discretion of those MnSCU campuses, and may require modifying addenda applicable solely to
those campuses.
2.17 DISPOSITION OF RESPONSES:
All materials submitted in response to this RFP will become property of MnSCU and will become public record
after the evaluation process is completed and an award decision made. If the Responder submits information in
response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data
Practices Act, Minn, Stat. 13.37, the Responder must:
 Clearly mark all trade secret materials in its response at the time the response is submitted.
 Include a statement with its response justifying the trade secret designation for each item, and

 Defend any action seeking release of the materials it believes to be trade secret, and indemnify
and hold harmless the State, its agents and employees, from any judgments or damages awarded
against the State in favor of the party requesting the materials, and any and all costs connected
with that defense. This indemnification survives that State’s award of the contract. In submitting
a response to this RFP, the Responder agrees that this indemnification survives as long as the
trade secret materials are in possession of MnSCU.
MnSCU will not consider the prices submitted by the Responder to be proprietary or trade secret materials.
Responses to this RFP will not be open for public review until MnSCU decides to pursue a contract and that
contract is awarded.
2.18 INSURANCE:
1. Workers' Compensation Insurance:

A. Statutory Compensation Coverage
B. Coverage B Employers Liability with limits of not less than:
 $100,000 Bodily Injury by Disease per Employee
 $500,000 Bodily Injury by Disease Aggregate
 $100,000 Bodily Injury by Accident
2. Automobile Liability Insurance
A. Minimum Limits of Liability:
 $2,000,000 Per Occurrence - Bodily Injury and Property Damage Combined Single Limit
B. Coverages:
 Owned Automobile, if any
 Non-owned Automobile
 Hired Automobile
3. General Liability Insurance
A. Minimum Limits of Liability:
 $2,000,000 - Per Occurrence
 $2,000,000 - Annual Aggregate
 $2,000,000 - Annual Aggregate applying to Products/Completed Operations
B. Coverages:
 Premises and Operations Bodily Injury and Property Damage
 Personal & Advertising Injury
 Blanket Contractual
 Products and Completed Operations
 Other: Please List_________________________________
Named as Additional Insured: The Board of Trustees of the Minnesota State Colleges and Universities and its
officers and members, to include St. Cloud State University, the State of Minnesota, officers and employees
of the State of Minnesota, the Architect and its agents (if applicable) shall be named as Additional Insureds.
The Additional Insured coverage is limited to insured claims arising out of the Contractor’s negligence or the
negligence of those for whom the Contractor is responsible, excluding coverage for the Additional Insureds’
separate or independent negligence.
Contractor's policy (ies) shall be primary insurance to any other valid and collectible insurance available to
the Owner and all Insured Parties with respect to any claim arising out of this contract. The Contractor will
provide Owner and all Insured Parties with thirty (30) days advance written notice of cancellations, non-
renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of
insurance deductibles. If Contractor is self-insured, a Certification of Self-Insurance must be attached.
4. Additional Insurance Conditions

A. Contractor’s policy (ies) shall be primary insurance to any other valid and collectible insurance available
to the State of Minnesota with respect to any claim arising out of the contractor’s performance under this
contract.
B. Contractor’s policy (ies) will provide the State of Minnesota with thirty (30) days advance written notice
of cancellation.
C. Contractor is responsible for payment of contract related insurance premiums and deductibles.
D. If Contractor is self-insured, a Certification of Self-Insurance must be attached.
E. Contractor’s policy (ies) shall include legal defense fees in addition to the liability policy limits, with the
exception of 4. above.
F. Contractor shall obtain insurance policy(ies) from insurance company(ies) having an “AM Best” rating of
A- (minus), Financial Size Category of VII or better, and authorized to do business in the State of
Minnesota.
G. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy
limits to satisfy the full policy limits required by the Contract.
2.19 PREVAILING WAGE REQUIREMENTS:
Contractor and all of its Subcontractor(s) shall comply with the Labor Standards and Wages requirements of
Minnesota Statutes Chapter 177 as applicable. Minnesota Statutes Section 177.43, Subd. 3, requires the
collection of payroll information, as further described below, for all Contracts or work under a work
authorization, unless:
 the estimated total cost of completing the project is less than $2,500 and only one trade or occupation is
required to complete it, or
 the estimated total cost of completing the project is less than $25,000 and more than one trade or
occupation is required to complete it.
Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Rules 5200.1000 to 5200.1120, this project
contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry,
unless specifically exempted as noted above. Specifically, all contractors and subcontractors must pay all laborers
and mechanics the established prevailing wages for work performed under the contract. Failure to comply with
the aforementioned may result in civil or criminal penalties
For more information regarding prevailing wage and its application, contact:
Minnesota Department of Labor and Industry
Prevailing Wage unit
443 Lafayette Road N.
St. Paul, MN 55155
Phone: (651) 284-5091
E-mail: dli.prevwage@state.mn.us
Web: www.dli.mn.gov
The College/University shall incorporate into its proposals and all contracts the applicable wage determinations
for the contract along with contract language provided by the commissioner of labor and industry to notify the
contractor and all subcontractors of the applicability of sections 177.41 to 177.44. Failure to incorporate the
determination or provided contract language into the contracts shall make the College/University liable for
making whole the contractor or subcontractor for any increases in the wages paid, including employment
taxes and reasonable administrative costs based on the appropriate prevailing wage due to the laborers or
mechanics working on the project. The contract must also provide that the contracting agency shall demand,
and the contractor and subcontractor shall furnish to the contracting agency, copies of any or all payrolls not more
than 14 days after the end of each pay period. The payrolls must contain all the data required by section 177.30.
The College/University shall review the applicable Prevailing Wage Rate Requirements to determine the
applicable prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay that are applicable to this
project contract. A copy of the applicable Prevailing Wage Rate Determination Schedule, as published by

Minnesota Department of Labor and Industry, can be found at the DOLI website for commercial construction at
www.dli.mn.gov/LS/PrevWageComm.asp
Pursuant to Minnesota Statutes Section 177.43, Subd. 3, all contractors and subcontractors shall submit to the
Owner’s contracting entity copies of payrolls that contain all the data required by Minnesota Statutes §177.30.
Contractors and subcontractors shall use Form MnSCU073 for this purpose.
Keeping Records; Penalty:

Every employer subject to Minnesota Statutes Section 177.21 to 177.44 must make and keep a record of:
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee;
(3) the hours worked each day and each workweek by the employee;
(4) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects
funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of
an employer to the contracting authority and the project owner every two weeks, a certified payroll report with
respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee:
name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of
pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per
hour for each benefit, including name and address of administrator; benefit account number; and telephone
number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs;
and
(5) other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435.
The records must be kept for three years in or near the premises where an employee works except each employer
subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in
part with state funds, the records must be kept for three years after the contracting authority has made final
payment on the public works project.
2.20 RESPONSE EVALUATION:
The following criteria and their identified weight will be used by St. Cloud State University to evaluate the responses:
A. Staffing (20%)
1. Proposed Maintenance Mechanic, backup Mechanic and Maintenance Supervisor with years of experience
a. Maintenance Mechanic ____________________________________________
b. Backup Mechanic ___________________________________________
c. Maintenance Supervisor ___________________________________________
B. References (10%)
1. List three (3) maintenance service references for similar groups of elevator systems currently serviced by your
company under a full comprehensive maintenance program. Provide building address, contact name and
telephone numbers. List number of elevator units in each contract.
a.
b.
c.

C. Local Accounts/Response Capability (20%)
1. List five (5) maintenance service references for elevator systems currently serviced by your company within a
five (5) mile radius of the SCSU facilities. Provide building address, contact name and telephone
numbers. List number of elevator units in each contract.
a.
b.
c.
d.
e.
D. Price (30%)
E. Completeness of submitted RFP (20%)
2.21 CONFLICT OF INTEREST:
The vendor must provide a list of all entities with which it has relationships that create, or appear to
create, a conflict of interest with the work that it is contemplated in this Request for Proposal. The list
should indicate the names of the entity, the relationship, and a discussion of the conflict.
2.22 ORGANIZATIONAL CONFLICTS OF INTEREST:
The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed,
there are no relevant facts or circumstances that could give rise to organizational conflicts of interest. An
organizational conflict of interest exists when, because of existing or planned activities or because of
relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or
advice, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or
the vendor has an unfair competitive advantage. The responder agrees that, if after award, an
organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made
to the respective school’s chief financial officer or the Office of the Chancellor’s Business Manager that
must include a description of the action which the vendor has taken or proposes to take to avoid or
mitigate such conflicts. If an organizational conflict of interest is determined to exist, the school or Office
of the Chancellor may, at its discretion, cancel the contract. In the event the responder was aware of an
organizational conflict of interest prior to the award of the contract and did not disclose the conflict to the
contracting officer, the school or Office of the Chancellor may terminate the contract for default. The
provisions of this clause must be included in all subcontracts for work to be performed similar to the
service provided by the prime proposer, and the terms “contract,” “proposer,” and “contracting officer”
modified appropriately to preserve MnSCU’s rights.

Section 3 CONTRACT TERMS
3.1 TERMS AND CONDITIONS:
The terms and conditions of the Contract will not be changed without prior written consent of both parties. The
University reserves the right to obtain services from an alternate proposer should Proposer not be able to provide
services when needed.
3.2 CONTRACT DOCUMENTS:
It is mutually agreed by and between the State and the Proposer that the University’s acceptance of the Proposer’s
offer by the issuance of a MnSCU Services contract. The Contract entered into by the parties may consist of the
Request for Proposal, the signed Proposal submitted by the Proposer and the Contract. All other communication
between the parties, whether oral or written, with reference to the subject matter of this Contract is void and
superseded.
3.3 CONTRACT TERM ;
The term of the agreement with the successful Proposer shall be for an initial period starting on or about August
30, 2014, through July 30, 2017; the base agreement being a 3-year contract, which may be renewed for up to two
(2) one-year periods.
3.4 CONTRACT ASSIGNMENT:
Neither this Contract nor any part hereof shall be assigned, sublet or transferred directly or indirectly without the
written consent of the University.
3.5 CONTRACT LIAISON:
For purposes of this Contract, the University liaison shall be:
Ron VanHeuveln, Physical Plant Director

rrvanheuveln@stcloudstate.edu
Section 4 SPECIFICATIONS AND REQUIREMENTS
TABLE OF CONTENTS
PART 1 - GENERAL CONDITIONS ........................................................................................................ 15
PART 2 - PRODUCTS ............................................................................................................................... 18
PART 3 - PERFORMANCE, GUARANTEES AND PENALTIES .......................................................... 26
PART 4 - SUPPLEMENTAL CONDITIONS ............................................................................................ 30
PART 5 - MAINTENANCE SPECIFICATIONS INTENT ....................................................................... 32

ATTACHMENTS:
1 - LABOR RATES ....................................................................................................................... 33
2 - EQUIPMENT COVERAGE - HYDRAULIC .......................................................................... 33
3A-B - EQUIPMENT COVERAGE - GEARED .......................................................................... 36
4A-D - UNIT PRICING................................................................................................................. 40
CONTRACT INTENT
The purpose of this Agreement is to state and define the terms and conditions under which the Contractor shall provide
limited maintenance services for the vertical transportation systems identified as Group A units, full comprehensive
maintenance and repair services and for the vertical transportation systems identified as Group B units, and the terms and
conditions under which the Owner shall compensate the Contractor for such services rendered.
It is the intent of this Contract to ensure that all requirements, procedures, tests, inspections, service practices, component
repairs, equipment renewals, system adjustments, filing procedures and recording documentation as referenced, mandated
or otherwise implied herein are all inclusive, and to guarantee the Owner that the absence of a particular item of work,
service or procedure shall not alleviate the Contractor of the sole responsibility to provide such labor, expertise, materials,
equipment, services or other procedures applicable to the Agreement and practical requirements unless same is
specifically excluded, prorated or deleted herein.
Minimum standards and requirements for services to be rendered shall be performed in accordance with the specifications
and relative time periods. Where there is no specific requirement for a preventive maintenance procedure, the original
equipment manufacturer (O.E.M.) standard shall be employed unless there is no relative documentation available. The
absence of both a contract requirement herein and the O.E.M. design standard shall cause the contractor to engage the
services of a qualified engineer to formulate the relative standards and incorporate same as an addendum to this agreement
with the Professionals' Seal and Stamp.
PART 1 - GENERAL CONDITIONS
1.01 DEFINITIONS OF TERMS
A. The term “Purchaser” or “Owner”, as used herein, refers to St. Cloud State University, and includes any
employees or agents of the University.
B. The term “Elevator Contractor”, “Contractor” or “Vendor”, as used herein, refers to any persons, partners,
firm, corporation or officer(s) of such companies having an agreement with the "Purchaser / Owner" to
furnish qualified labor and materials for the execution of the services and maintenance work described
herein.
C. The term “Subcontractor”, as used herein, refers to any persons, partners, firm or corporation having
materials and/or labor for the execution of the work herein described, under contract to the Contractor.
D. The term “Agreement”, “Contract” or “Contract Documents”, as used herein, consists of this specific
document, pages 1 to 37; and any alternates, addenda, or substitutions as may be referenced under
attachments, exhibits or riders approved by the parties for the final execution of the Agreement.

1.02 GENERAL
A. The entire vertical transportation systems shall be maintained as hereinafter described, in accordance with
the following detailed terms. Trained employees of the Contractor will use all reasonable care to keep the
systems in proper adjustment and in safe operating condition, in accordance with all applicable codes,
ordinances, standards and regulations. The terms and requirements of this contract are specified in the
singular with the understanding that all provisions shall be applicable to all units indicated unless
otherwise specified.
B. With the exception of only those items specifically identified as being performed by others, the Contract
Specifications are intended to include all engineering, material, labor, testing, and inspections needed to
achieve the work specified by the Contract. In as much as it is understood that any incidental work
necessary to execute the Agreement is also covered by the Contract Specifications, the Contractor is
cautioned to become familiar with the existing equipment and job site conditions. Additional charges for
material or labor shall not be permitted subsequent to execution of the Contractual Agreement for work,
services or procedures covered herein.
C. Maintenance Coverages
1. Maintenance coverage for Group A units shall include and is limited to: a code compliant
Maintenance Control Program, routine examinations, emergency callback services, inspection
and testing services and minor components costing $100.00 or less prior to any contractor mark
up on an individual basis.
2. Maintenance coverage for Group B units shall include but is not limited to: a code compliant
Maintenance Control Program, preventive services and adjustments, regular time callback
services, emergency callback services, inspection and testing services, repair and/or direct
replacement component renewal procedures.
1.03 CONTRACTOR’S LIMITATIONS
A. It is mutually agreed that the Contractor shall not be under any obligation to make any repairs or
replacements caused by malicious damage or fire (other than caused by Contractor or its Subcontractors),
including electrical fire (other than electrical fire caused by failure of components covered by this
Contract or caused by Contractor's work hereunder). If Owner requests that Contractor perform such
work, Contractor shall notify Owner that such work is outside the scope of this Contract, and Contractor
shall not perform the work without written authorization from Owner. Any such authorized work shall be
performed at a fee not to exceed rates provided in Attachment 1, as periodically adjusted by the terms of
this Contract.
B. It is mutually agreed that the Contractor shall make any and all repairs or replacements to equipment
damaged by Contractor's improper repair, or negligent or willful acts or omissions, at its sole cost and
expense.
1.04 HOURS OF WORK
A. All work shall be performed during Regular Working Hours of the Regular Working Days of the elevator
trade, 7:00 a.m. to 6:00 p.m., Monday through Friday, except union designated holidays, unless otherwise
specified in this Agreement.
B. Repairs and/or other major adjustment procedures necessitating removal of an elevator for an extended
period of time (greater than 4 hours) must be scheduled a minimum of three (3) business days in advance
with the Owner.

C. The Owner retains the right for Group B units to have such work completed during overtime hours with
the understanding the Contractor shall pay for the regular labor portion and the Owner’s extraordinary
obligation is premium labor costs only.
D. Emergency callback services shall be provided twenty-four (24) hours per day, seven (7) days per week
including weekends and holidays as further specified herein.
1. Compensation for emergency callback services shall be included in the monthly lump sum price
for procedures performed during the Regular Working Hours of the Regular Working Days of the
elevator trade.
2. If overtime services are requested for Group B units, the Owner shall pay for the bonus
(overtime) portion of such hours only.
3. All callback services shall be invoiced on a monthly basis and presented at the same time as the
normal monthly maintenance billing. The monthly callback billing, if any and the monthly
maintenance billing shall be submitted as a package with an itemized statement for each service
rendered using the hourly rates specified in Attachment 1 as periodically adjusted by the terms of
this contract.
E. Maintenance involving removal of elevators from service shall be performed on a not-to-interfere basis
during non-peak traffic hours.
1.05 SOLE RESPONSIBILITY
A. The maintenance work shall be performed only by Technicians and Mechanics directly employed and
supervised by the Contractor, who are experienced and skilled in maintaining vertical transportation units
similar to those to be maintained under this Contract and shall not be assigned or transferred to any agent
or subcontractor without the express consent of the Owner.
1.06 NOTICE BY AUTHORITY OR COMPANY TO REPAIR OR REPLACE
A. The Contractor shall comply with all written recommendations of the governing authority or independent
inspectors and insurance carrier(s) employed by the Owner. However, Contractor is not required under
this Contract to install new attachments or parts other and different from those now constituting the
equipment, as recommended or directed by insurance companies, Government Authorities, or otherwise.
1.07 SAFETY AND ENVIRONMENTAL
A. The Contractor is required to provide its employees with all legally required safety training prior to
allowing the employees to work at the maintenance site. Contractor shall provide a copy of applicable
safety training records to the Owner upon request.
B. Contractor will properly dispose of, at the contractor’s expense, all waste material generated in servicing
the equipment covered by this Contract. Waste materials consist of lubricants, cleaning material, paints,
absorbents and any other material brought on site by the Contractor that is not part of the fixed
equipment. All waste materials shall be disposed of in accordance with Minnesota law. Contractor shall
indemnify Owner from and against any and all claims, losses and liabilities arising out of Contractor's
breach of this provision.
C. Contractor shall provide, at the start of this contract and annually as part of the annual Efficiency and
Maintenance Survey Inspection Report referenced in Section 2.10, Material Safety Data Sheets (MSDS)
for all applicable material(s) stored or expected to be used at the maintenance site. When new materials
are brought to the maintenance site Material Safety Data Sheets (MSDS) must be provided to the Owner
prior to arrival of such material.

D. The Contractor shall continuously maintain adequate protection of all of the contractor’s work from
damage and shall protect the Owner’s property from injury or loss arising out of this Contract. The
Contractor shall make good any such damages, injury or loss, except such as may be directly caused by
agents or employees of the Owner. The Contractor shall provide all barricades required to protect open
hoistways or shafts as required by various regulations and shall otherwise be responsible to comply with
all applicable safety regulations.
E. Material storage facilities (cabinets, waste containers, etc. used to store parts, cleaning materials and
lubricants) provided by the Contractor, including flammable storage facilities, shall comply with all
federal, state and local laws, regulations and codes.
1.08 BUILDING WORK RULES AND CONDITIONS
A. If the Contractor's work in performing the services described herein disturbs Building tenants, as
determined solely by the Owner, Contractor shall cease work immediately and reschedule the work for a
time acceptable to the Owner.
B. Contractor shall coordinate with the Owner prior to shutting off or testing any of the building's electrical,
plumbing, mechanical, life safety or energy management systems. Under no circumstances will
Contractor disturb these systems without the express permission and written authorization of the Owner.
C. Individuals assigned by the Contractor to perform work on the premises of the Owner shall submit to a
background investigation by Owner. Owner shall determine appropriate level of background
investigation for all individuals, and shall determine the agency or contractor to perform such background
investigations. The contractor shall bear all costs of such background investigations and shall instruct the
agency or contractor to provide the results of such investigations directly to the Owner. The Owner has
the right to determine, in his sole opinion, if an individual’s background is acceptable to the Owner, and
the Contractor agrees not to assign individuals to perform work on the Owner’s premises if that individual
has been found unacceptable by the Owner.
D. Individuals assigned by the Contractor to perform work on the premises of the Owner shall wear full
work uniforms with company identification and the individuals name prominently displayed.
E. Contractor shall immediately report to the Owner any and all damage caused by its employees, agents, or
subcontractors and shall reimburse the Owner for the cost of repairs within ten (10) days from receipt of
invoice. In the event Contractor fails to report such incidents and the Owner determines in its sole
opinion, based on inspection of the site, that damage was caused by Contractor, Contractor shall likewise
reimburse the Owner for the cost of repairs within ten (10) days from receipt of invoice.
F. Contractor shall comply with Owner’s “Smoking/Tobacco Policy” which forbids any person from
smoking within any building owned by the Owner.
G. The Contractor will require all personnel to both check in and out at the Physical Plant offices during
normal business hours and the Heating Plant Boiler Room office after normal business hours. Owner
reserves the right to change these procedures as required to properly manage this function.
1.09 REPRESENTATION
A. Contractor represents that it will (i) perform elevator maintenance services under this Agreement in
accordance with acceptable industry professional and ethical standards, (ii) not proceed with performance
of various aspects of the Services, unless pre-authorized (“Pre-approved Services”) by the Owner, (iii) not
represent to any third party that it has authority to sign, endorse or represent a contractual relationship
with or in Owner’s name, or enter into any agreement on behalf of Owner in connection herewith (unless
expressly pre-authorized in writing by Owner), (iv) ensure that all of its employees, representatives,
agents or assigns will not solicit any of Owner’s employees for any purpose. The parties agree that any
alteration to any of the Addenda or Exhibits hereto shall be null and void, unless made in writing by
mutual consent of the parties.
PART 2 - PRODUCTS
2.01 LIMITED MAINTENANCE – GROUP A UNITS
A. Contractor shall provide scheduled examinations, cleaning, and lubrication of all machinery, machinery
spaces, hoistways, and pits. The Contractor shall include a specified minimum number of hours per
month per unit that is to be dedicated to routine preventative maintenance. The required frequency for the
scheduled examinations and the specified minimum hours for routine preventative maintenance are listed
in the attached “Equipment Coverage Attachment 2A, Tables 1 and 2” respectively. Hours assigned to
meeting the specified minimum hours for routine preventative maintenance shall not include callback or
emergency/unscheduled repair hours. Hours performed on routine preventative maintenance that
coincides with a callback or emergency/unscheduled repair may be assigned to meeting the specified
minimum hours. Monetary damages for failure to provide the specified minimum hours per month of
routine preventative maintenance are provided for in Section 3.02.
2.02 LUBRICATION
A. Lubricate monthly (twelve [12] times per year at regularly scheduled intervals) all of those mechanical
parts, recommended to be lubricated by the original manufacturer of the elevator equipment or otherwise
lubricate as often as, and in the manner specified by, said manufacturer. Hoist ropes shall be lubricated as
often as, and in the manner specified by, the hoist rope manufacturer.
2.03 CLEANING
A. The Contractor shall, during the course of all examinations, remove and discard immediately all
accumulated dirt and debris from the machine room(s), car top(s) and pit area(s) of the elevators and the
upper and lower truss pans of the escalators. Prior to each two (2) year anniversary date of this Contract
or more often if necessary, Contractor shall thoroughly clean down all elevator hoistways of accumulated
dirt, grease, dust and debris. The Contractor shall clean hoist ropes as often necessary to maintain traction
characteristics and allow for proper inspection.
2.04 REPAIRS, RENEWALS AND REPLACEMENTS
A. The contractor shall submit proposals detailing any repairs, renewals and replacements as required
utilizing the billing rates detailed in attachment 1 as soon as regularly scheduled or other examinations
reveal the necessity therefore, or when the owner so advises the contractor under the terms of this
contract. it is understood and agreed that repairs, renewals, and replacements shall be made in accordance
with high standards of preventative maintenance practice and that the repair and renewals of parts made
shall be equal in design, workmanship, quality, finish, fit, adjustment, operation and appearance to the
original installation and that replacements shall be new and genuine parts equal to those parts supplied by
the manufacturer of the original equipment or its successor, and shall apply to the repairs, renewal, or
replacement of all mechanical, electronic and electrical parts, including but not limited to those items
identified in the attached equipment coverage attachments.
2.05 FULL SYSTEMATIC MAINTENANCE - GROUP B UNITS
A. Contractor shall provide scheduled systematic examinations, adjustments, cleaning, and lubrication of all
machinery, machinery spaces, hoistways, and pits. The Contractor shall include a specified minimum
number of hours per month per unit that is to be dedicated to routine preventative maintenance. The
required frequency for the scheduled systematic examinations and the specified minimum hours for
routine preventative maintenance are listed in the attached “Equipment Coverage Attachment 2A and 3B,
Tables 1 and 2” respectively. Hours assigned to meeting the specified minimum hours for routine

preventative maintenance shall not include callback or emergency/unscheduled repair hours. Hours
performed on routine preventative maintenance that coincides with a callback or emergency/unscheduled
repair may be assigned to meeting the specified minimum hours. Monetary damages for failure to
provide the specified minimum hours per month of routine preventative maintenance are provided for in
Section 3.02.
2.06 LUBRICATION
A. Lubricate monthly (twelve [12] times per year at regularly scheduled intervals) all of those mechanical
parts, recommended to be lubricated by the original manufacturer of the elevator equipment or otherwise
lubricate as often as, and in the manner specified by, said manufacturer. Hoist ropes shall be lubricated as
often as, and in the manner specified by, the hoist rope manufacturer.
2.07 CLEANING
A. The Contractor shall, during the course of all examinations, remove and discard immediately all
accumulated dirt and debris from the machine room(s), car top(s) and pit area(s) of the elevators and the
upper and lower truss pans of the escalators. Prior to each two (2) year anniversary date of this Contract
or more often if necessary, Contractor shall thoroughly clean down all elevator hoistways and escalator
truss assemblies, including steps, of accumulated dirt, grease, dust and debris. The Contractor shall clean
hoist ropes as often necessary to maintain traction characteristics and allow for proper inspection.
2.08 PAINTING
A. The Contractor shall keep the exterior of the machinery and any other parts of the equipment subject to
rust properly painted, identified and presentable at all times. Unpainted equipment and floors shall be
painted within the first year of the contract. Machine room floors and all storage areas shall be painted
with a good quality deck enamel prior to each three (3) year anniversary date of this Contract or more
often, if necessary, to maintain an aesthetically presentable appearance. All paint applied shall be safe for
the environment and non-toxic.
A. The contractor shall make repairs, renewals and replacements as part of the required services hereunder,
for the normal monthly maintenance billing agreed to herein (or such additional compensation as
authorized in writing by owner pursuant to section 4.03), as soon as regularly scheduled or other
examinations reveal the necessity therefore, or when the owner so advises the contractor under the terms
of this contract. It is understood and agreed that repairs, renewals, and replacements shall be made in
accordance with high standards of preventative maintenance practice and that the repair and renewals of
parts made shall be equal in design, workmanship, quality, finish, fit, adjustment, operation and
appearance to the original installation and that replacements shall be new and genuine parts equal to those
parts supplied by the manufacturer of the original equipment or its successor, and shall apply to the
repairs, renewal, or replacement of all mechanical, electronic and electrical parts, including but not
limited to those items identified in the equipment coverage attachments.
B. Contractor shall maintain, repair, or replace all component parts of the system(s) unless specific renewals
or other procedures are modified under the terms of this Agreement.
C. Mark up on any replacement parts not covered under this agreement is limited to 10% above contractor’s
actual costs.
ITEMS COMMON TO GROUP A AND GROUP B UNITS
2.10 Testing

A. The contractor shall conduct testing procedures in accordance with the applicable ASME a17.1 standards
at intervals specified and/or local code requirements, complete and execute all governing authority filing
procedures including payment of all associated fees or other charges, and forward confirmation of all
authority required filings to the owner within ten (10) working days of the date the test procedure was
completed. Any fines incurred for failure to complete required testing or for filing irregularities will be
paid by the contractor.
B. Emergency Recall and Emergency Power System Test
1. The Firemen Service System, Phases I and II, shall be tested monthly on a date and time
approved by the Owner, as defined by code. The elevator telephone/intercom system shall be
tested at the same time. Both tests will be performed on a not-to-interfere basis and the premium
(bonus only) cost for overtime work, if necessary, and if pre-approved by the Owner, will be
billed as an extra to the Contract at the rates provided in Attachment 1, as periodically adjusted by
the terms of this contract.
2. Emergency Power Recall Systems, were applicable, shall be tested annually, on a date and time
approved by the Owner, as defined by code. The Contractor shall advise the Owner 30 days in
advance of the test due date to facilitate scheduling. This work will be performed on a not-to-
interfere basis and the premium (bonus only) cost for overtime work, if necessary and if pre-
approved by the Owner, will be billed as an extra to the Contract at the rates provided in
Attachment 1, as periodically adjusted by the terms of this contract
3. Contractor shall submit to Owner a full description and the results of the Fireman Service,
Telephone/Intercom and Emergency Power Recall tests with the monthly invoice package for the
month(s) in which the tests were performed.
C. Annual Hydraulic Elevator Relief Valve Setting and System Pressure Test
1. Contractor shall perform an Annual Hydraulic Elevator Relief Valve Setting and System Pressure
Test conforming to the requirements contained in the applicable ASME A17.1 Safety Code for
Elevators (One Year Inspection and Test Requirements) on all Hydraulic Elevators covered by
this Contract.
D. Annual Electric Traction Elevator No-load Safety Test
1. Contractor shall perform an Annual Electric Traction Elevator No-load Safety Test conforming to
the requirements contained in the applicable ASME A17.1 Safety Code for Elevators (One-Year
Inspection and Test Requirements) on all Traction Elevators covered by this Contract.
E. Five-Year Full Load Safety Test
1. Contractor shall perform a Five-Year Full-load Safety Test conforming to the requirements
contained in the applicable ASME A17.1 Safety Code for Elevators (Five-Year Inspection and
Test Requirements) on all Traction Elevators covered by this Contract.
F. The service technician shall be utilized to perform the annual no-load safety testing on all hydraulic
elevators and his time to perform these tests can be counted as service time to meet the required
contractual minimum hours. The annual no load and five year full load safety tests for traction elevators
shall be performed by an established repair crew (not the service route technician and an apprentice). The
time to perform these tests shall not be counted as service time to meet the required contractual minimum
hours.
2.11 EMERGENCY CALLBACK SERVICE

A. CONTRACTOR SHALL PROVIDE EMERGENCY CALLBACK SERVICE WHICH CONSISTS OF
PROMPTLY DISPATCHING QUALIFIED EMPLOYEES IN RESPONSE TO REQUESTS FROM
THE OWNER, BY TELEPHONE OR OTHERWISE, FOR EMERGENCY ADJUSTMENT OR MINOR
REPAIRS ON ANY DAY OF THE WEEK, AT ANY HOUR, DAY OR NIGHT.
1. GROUP B UNITS ONLY: EMERGENCY REPAIRS SHALL BE MADE WITHIN FOUR (4)
HOURS TO RESTORE THE EQUIPMENT TO OPERATING ORDER. IF REPAIRS
CANNOT BE MADE IMMEDIATELY, THE MECHANIC SHALL NOTIFY THE OWNER AS
TO THE REASON WHY.
B. Passenger entrapment callback service shall be provided within forty-five (45) minutes during Regular
Working Hours and within one and a half (1.5) hour during all other time periods. Technicians must be
on-site within these time frames.
C. Callback services for out-of-service units shall be provided within one (1) hour during Regular Working
Hours and within one and one-half (1.5) hours between 6:00 a.m. and 8:00 a.m. and 4:30 p.m. and 6:30
p.m. Monday through Friday, except holidays.
Technicians must be on-site within these time frames.
D. Callback services for out-of-service units shall be provided within two (2) hours at all other times not
specified in “C” above. Technicians must be on-site within these time frames.
E. Travel time for callback service shall be capped at 2.0 hours total per callback. Contractor agrees to
provide documentation to support travel related charges for the employee responding to the callback if
requested by the Owner.
F. Standby Service for Move-In Weekend: Contractor shall provide an on-site technician to respond to
trouble calls during the University’s move-in weekend at the beginning of the school year. The contractor
will be notified in advance each year with these dates. A technician shall be on campus from 8:00 am
until 5:00 pm on the Saturday of move in weekend and be readily available for any trouble calls at any
time on the Sunday of the move-in event. All travel and overtime costs for Saturdays shall be included in
the base bid. Any call that requires attention on Saturday between these hours shall be performed at no
additional cost to the University (vandalism & abuse included). Travel and overtime rates for Sundays
shall be applicable as per the regular contract terms and conditions.
2.12 RECORD KEEPING / QUARTERLY REPORTS BY CONTRACTOR
A. A complete ASME A17.1 code compliant Maintenance Control Program (MCP) including, but not
limited to records of inspections, maintenance, lubrication, repair, replacements and callback services.
The MCP shall be kept in the machine room or other designated location at the property. These records
are to be available to the Owner at all times. The records shall indicate the reason the mechanic was in
the building, arrival and departure time, the work performed, etc. These records will be the property of
the Owner.
B. The contractor shall quarterly (within 30 days after the quarter ends), or at any time during the term of
this contract upon written request of the owner, render a report of maintenance inspections, a safety test
matrix for all units on a single spread sheet, maintenance hours (target vs. actual), callbacks (shall include
categories for entrapments, equipment and non-equipment related calls, running on arrival (ROA), repairs
or replacements made by the contractor at the building, itemized as to parts installed or services
performed and supply samples of lubricants, compounds, or other materials employed if requested.
1. Quarterly reporting requirements shall include completed versus scheduled preventative

maintenance procedures and planned repairs for the just completed quarter, and a six-month
projected schedule for preventative maintenance procedures and planned repairs.

C. Where acceptable to the local code authority and approved by the Owner’s representative, a Contractor’s
proprietary system that fulfills the requirements in Paragraphs A and B above will be accepted in lieu of
the method specified provided quarterly and annual summary reports (or at any time during the term of
this Contract, upon written request of the Owner) of the required data are provided.
2.13 MEETINGS
A. Contractors’ personnel shall meet with the Owner quarterly to review the reports submitted under Section
2.12, the Contractor’s compliance with the minimum monthly maintenance hour provision of the
specification and any other Contract related issues deemed appropriate by the Owner. Each calendar year
fourth quarter meeting will also include a review of the reports submitted under Section 2.14.
Contractors’ personnel shall also be required to meet with the Owner to resolve any Contract related
issues that arise during the administration of this Agreement on an as needed basis.
1. Group B Units Only: The Contractor shall attend monthly, or at any time during the term of this
Contract, upon written request of the Owner, callback reduction meetings. Contractor shall
provide reports including analytical data and charts to facilitate review of callbacks at these
meetings.
2.14 INSPECTIONS
A. The contractor shall provide annual efficiency and maintenance survey inspections for all units. These
inspections shall be performed by a field experienced (successfully passed industry recognized mechanic
examination) salaried management employee in conjunction with, or as an addition to, the applicable
mandated tests under the terms of the base contract (the data for the reports may be obtained by any
trained manager or supervisor but a salaried management employee meeting the criteria in the second
sentence of this paragraph must visit the building and approve the data being submitted).
The assigned route technician shall not perform these inspections.
B. The results of these inspections shall be summarized in an annual report with appropriate backup material
and be provided to the Owner on or before each anniversary date of the contract. The report shall also
include a section containing capital budget planning recommendations. The Owner shall meet with
Contractor to review the report to validate compliance with Contract performance criteria. This report
shall also include the quarterly report required under Section 2.12 and the following performance
parameters and summary data for each vertical transportation unit as appropriate:
1. Unit speed up and OEM designed speed
2. Unit speed down and OEM designed speed
3. Door open speed and OEM designed speed
4. Door close speed normal and code parameter
5. Door close speed reduced (nudging) and code parameter
6. Door closing torque and code parameter
7. Door dwell time – car call and ADA parameter
8. Door dwell time – hall call and ADA parameter
9. Leveling accuracy summary and OEM designed parameter
10. Date of the last annual / five-year safety test completed

11. Dates and summary results of the preceding twelve (12) months communication and fire recall
system tests
12. Annualized Callback rate by common control group from the preceding twelve (12) months with
backup detail (Group B Units only)
13. Dedicated maintenance hours for the preceding twelve (12) months by unit
C. Owner reserves the right to make such inspections and tests whenever it deems necessary or appropriate
to ascertain that the requirements of this Agreement are being fulfilled. Any deficiencies noted by Owner
shall be promptly corrected at Contractor’s expense. If Contractor fails to perform elevator maintenance
services pursuant to this Agreement in a diligent and satisfactory manner, Owner may, after ten (10)
working days written notice to Contractor, perform, or cause to be performed, all or any part of the work
required hereunder. Contractor agrees that it will reimburse the Owner for any expense incurred
therefore, or, at Owner election, may deduct the amount from any sum owing Contractor.
D. Upon request, the Contractor shall accompany the Owner, or Owner’s representative, on inspections to
evaluate contract compliance.
2.15 MAINTENANCE OF ELEVATORS EQUIPMENT COVERAGE
A. Subsequent Equipment Modernizations/Alterations/Upgrading - Group B Units Only
1. Full comprehensive service and repair coverage shall be included under the terms of this
Agreement when equipment and/or component systems represented herein are modernized,
modified or upgraded by the Contractor. If new maintenance pricing is included as part of an
Owner specified modernization, modification or upgrading project, such pricing shall supersede
and become a part of this Agreement.
2. Changes in equipment necessitating continuing full maintenance coverage may be initiated by the
Owner under a separate voluntary extra cost upgrading agreement with or without the
Contractor’s permission or direct authorization and involvement before the work is performed.
3. All non-elective changes or modifications necessitated due to obsolescence, parts unavailability

or the Contractor’s inability to maintain these systems in accordance with the Contract
specifications shall be fully covered under this Agreement regardless of application, method or
cost assignment for the life of the Contract.
B. Owner specified modernizations, modifications or other upgrading of systems and parts that are awarded
to and completed by another contractor shall be removed from coverage under this Agreement at a date to
be solely determined by the Owner.
C. Contractor Installed Maintenance and Diagnostic Aids
1. The Contractor may install, or already have installed, Maintenance and Diagnostic Aids provided
the installed equipment does not interfere with the safety and operation of the maintained
equipment and is installed according to all applicable building code requirements. All required
permit fees shall be paid by the Contractor. The Contractor assumes all liability related to any
equipment installed under this Section including patent and software copyright infringement
liabilities. The Contractor may remove equipment installed under this Section at any time,
subject to the requirements of the Contract and must verify the integrity of the original design and
operation when the equipment is removed.

2.16 SPARE PARTS
A. The Contractor shall maintain an inventory of spare parts at the site of the work for scheduled preventive
maintenance procedures and common emergency callback service repairs. Such parts shall include, but
are not limited to, contacts, coils, solid-state boards, relays, resistors, timing devices, computer devices,
interlock safety switch and linkage parts, bottom guides, door closers, fuses, bulbs, guides and an
assortment of hardware.
B. Major electronic and mechanical assemblies routinely considered by the industry to be replaceable units
shall be available for emergency shipment from the maintaining company or their supplying vendor
within twenty-four (24) hours.
2.17 RECORD DRAWINGS
A. Contractor shall provide (if contractor is the installer or manufacturer, otherwise the will provide) and
maintain (mark-up drawings with any and all changes) two (2) complete sets of updated electrical wiring
diagrams and drawings. One set shall remain in the appropriate equipment machine room and the other
set on file with the owner and both sets shall become the property of the owner for each group and/or
individual system.
2.18 INFORMATION LIBRARY REQUIREMENTS
A. The Contractor shall have and maintain, for the duration of this Agreement, a reference library of
information containing, but not limited to, the applicable and current ANSI/ASME A17.1 and A17.3
Safety Code for Elevators and Escalators, current ANSI/ASME A17.2 Inspector’s Manual,
manufacturer’s lubrication specifications and schedules, Service manuals, equipment schematics (motion
and logic), parts and assembly list and other basic information needed to properly test, adjust and
maintain the equipment covered by this Agreement. If technical documentation unique to the Owner’s
installation is not available to the Contractor, the Owner shall assist the Contractor in obtaining that
information which is available to the Owner.
2.19 MATERIALS AND WORKMANSHIP
A. All materials and parts are to be new and of the best quality of the kind specified. Installation of such
materials shall be accomplished in a neat workmanlike manner. In case the Contractor should receive
written notification from the Owner stating the presence of inferior, improper, or unsound materials or
workmanship, the Contractor shall, within twenty-four (24) hours, proceed to remove such work or
materials and make good all other work or materials damaged thereby. If the Owner permits said work or
materials to remain, the Owner shall be allowed the difference in value or shall, at its election, have the
right to have said work or materials repaired or replaced as well as the damage caused thereby, at the
expense of the Contractor, at any time during the Contract term; and neither payments made to the
Contractor, nor any other acts of the Owner shall be construed as evidence of acceptance and waiver.
2.20 OBSOLESCENCE – GROUP B UNITS ONLY
A. For the purpose of this contractual contingency, Component Obsolescence shall be defined as the inability
to purchase and/or otherwise repair parts of the system no longer produced by the original equipment
manufacturer or a third-party after-market supplier. Obsolescence shall not be allowed when replacement
parts, components or assemblies of equivalent design and functionality are readily available in the market.
B. In the event equipment and/or a component part thereof, as covered under this agreement, cannot be
replaced on a direct exchange basis or repaired using readily available components and labor, the
condition shall be reported to the Owner designee with the following information:

1. Alternative equipment or component parts renewal options for restoration of the system due to
obsolescence.
2. Procurement and installation time for restoration of system service.
3. Any Local Law or safety code requirements that will be triggered by the alternative equipment or
component renewal (i.e., including filing, tests and approvals).
C. Payment for obsolescence work shall be based on the extra cost to the contractor only.
1. Labor cost over and above the time necessary for standard equipment and component renewal or repair
procedures.
a. Contractual hourly rate schedule as provided under “Attachment 1” shall be used to compute the
extraordinary labor charge if applicable.
b. Actual material extra cost to the contractor minus the value of the standard component replacement
cost plus a maximum of five percent (5%) mark-up on the cost variance only.
c. At Owner's option, a lump sum extra cost price may be employed in lieu of time and material as
indicated above.
2. Subsequent to the Owners authorization to proceed with an alternative obsolescence repair and approval of the
relative extra cost, if any, the contractor shall immediately perform such work and restore operating services.
D. The Owner shall retain the right to competitively bid obsolescence repairs and replacements; and, such work as
performed by another qualified contractor shall not diminish or otherwise alter the coverage provided under this
agreement subject to the following:
1. The maintenance contractor has the right to inspect work performed by others; and, when conditions warrant,
reject obsolescence procedures that increase their contractual liability.
a. Should the contractor reject an obsolescence repair by others, a qualified third party consultant
shall be commissioned to evaluate work and render a decision regarding the acceptability of the
prevailing conditions.
PART 3 – PERFORMANCE, GUARANTEES AND PENALTIES
GROUP A UNITS ONLY
3.01 CONTRACTUAL REQUIREMENT GUARANTEE
A. The Owner may have the Contractor’s work and system performance checked by a Consultant to ensure
the Contractor is performing in accordance with this Contract. If the Owner or the Consultant determines
that the contractual requirements are not being maintained, the Owner may retain the monthly payment to
the Contractor until the Owner or the Consultant verifies that the work performance is back to standard.
The Contractor shall pay re-inspection costs incurred by the Owner for a Consultant by deduction from
the monthly maintenance fees. If two (2) consecutive inspections by the Owner or the Consultant (Two
[2] consecutive inspections within one [1] year but more than sixty [60] days apart) indicate that the
contractual requirements are not being maintained, the Owner has the right to immediately cancel the
Contract or to pursue any other available remedy.
3.02 MINIMUM HOUR GUARANTEE
A. Contractor’s failure to provide the specified Monthly Minimum Hours for routine preventative
maintenance on an average annual basis shall result in the Contractor paying monetary damages by
providing a refund to the Owner for the unexpended hours at the “Straight Time Rate Hourly Selling
Price” or overtime rate, if appropriate, for Maintenance Mechanics listed in Attachment 1. The amount to
be refunded shall be deducted from the monthly maintenance fee in the month(s) following the
anniversary date of the Contract, or refunded by check at the option of the Owner. The amount shall be
determined as part of the annual review of reports required in Sections 2.12, 2.13 and 2.14. If the
Contractor fails to provide the required Monthly Minimum Hours for routine preventative maintenance
for two (2) consecutive years, the Owner has the right to immediately cancel the Contract or to pursue any
other available remedy.
3.03 ENTRAPMENT CALLBACK GUARANTEES
A. Entrapment Callback Response Time Guarantee
1. Contractor’s failure to comply with the callback entrapment response times contained in Section
2.11 will result in the callback, including any premium time charges, travel time and travel
expense being provided at no cost to the Owner. This applies to all entrapment callbacks
regardless of their billability under the terms of the Contract.
GROUP B UNITS ONLY
3.04 CONTROL SYSTEM PERFORMANCE
A. The control system shall be maintained to provide smooth acceleration and retardation. Contractor must
maintain elevators in accordance with the original equipment manufacturer (O.E.M.) design performance
specifications (including floor-to-floor times, door timing, rated speed, group supervisory system, etc.).
The door close pressure must never exceed 30 pounds. The following performance schedule shall be
adhered to:
1. Contract speed shall be provided in both directions of travel with a full-capacity load in the
elevator car. The speed in either direction under any loading condition shall not vary more than
that listed in “Table 3” of the appropriate “Equipment Coverage Attachment” (performance
parameters specified in “Table 3” will not supersede O.E.M. specifications).
2. In accordance with the ASME A17.1 Code, the elevators shall be maintained and adjusted to
safely lower, stop and hold the car with a load of 125% of the rated capacity.
3. Leveling Accuracy: The elevator shall be adjusted to provide accurate leveling within the
tolerance listed in “Table 3” of the appropriate “Equipment Coverage Attachment” without re-
leveling regardless of load (performance parameters specified in “Table 3” will not supersede
O.E.M. specifications).
4. Ride Quality: The Contractor will be required to maintain the ride quality parameters specified in
“Table 3” of the appropriate “Equipment Coverage Attachment” provided the units were
specified to meet or exceed those requirements at the time of installation. Realignment of guide
rails due to building movement, except for normal compression, is excluded.
5. Sound Quality: The Contractor will be required to maintain the sound quality parameters
specified in “Table 3” of the appropriate “Equipment Coverage Attachment” provided the units
were specified to meet or exceed those requirements at the time of installation.
B. Contractor’s failure to comply with the performance criteria above and/or that contained
in the appropriate Equipment Coverage Attachment shall subject the Contractor to
payment of monetary damages as follows:
(1) If any simplex elevator or more than one (1) elevator in any bank of elevators
fails to meet the performance requirements in items 1, 2 or 3 above and/or the

appropriate “Equipment Coverage Attachment”, the monthly billing for the entire
bank of elevators shall be reduced during the next twelve (12) months (until the
next annual calculation) by ten percent (10%). The reduction will be cumulative
by bank and year, that is, if a reduction is warranted for multiple years, the
monthly fee for each ensuing year will be reduced from the previous year’s
amount by an additional ten (10%). If reductions in maintenance pricing due to
poor Control System Performance occur for two (2) consecutive years, the
Owner has the right to immediately cancel the Contract or to pursue any other
available remedy.
(2) If any simplex elevator or more than one (1) elevator in any bank of elevators
fails to meet the performance requirements in items 4 or 5 above and/or the
appropriate “Equipment Coverage Attachment” and corrections to return the
elevator(s) to Contract compliance within ninety (90) days of notification by the
Owner are not completed, the Owner has the right to immediately cancel the
3.05 SYSTEM RESPONSE TIME PERFORMANCE
A. The group supervisory and individual unit control systems shall be maintained to provide overall
satisfactory service levels as designed by the O.E.M.
B. At the request of the Owner, the Contractor shall provide a computerized traffic study with a summary
report that at a minimum details hall waiting times by floor and direction of travel. The Contractor shall
use a Delta Analyzer or similar device to record the data for such traffic study.
3.06 CONTRACTUAL REQUIREMENT GUARANTEE
A. The Owner may have the Contractor’s work and system performance checked by a Consultant to ensure
the Contractor is performing in accordance with this Contract. If the Owner or the Consultant determines
that the contractual requirements are not being maintained, the Owner may retain the monthly payment to
the Contractor until the Owner or the Consultant verifies that the work performance is back to standard.
The Contractor shall pay re-inspection costs incurred by the Owner for a Consultant by deduction from
the monthly maintenance fees. If two (2) consecutive inspections by the Owner or the Consultant (Two
[2] consecutive inspections within one [1] year but more than sixty [60] days apart) indicate that the
contractual requirements are not being maintained, the Owner has the right to immediately cancel the
3.07 MINIMUM HOUR GUARANTEE
A. Contractor’s failure to provide the specified Monthly Minimum Hours for routine preventative
maintenance on an averaged quarterly basis shall result in the Contractor paying monetary damages by
providing a refund to the Owner for the unexpended hours at the “Straight Time Rate Hourly Selling
Price” or overtime rate, if appropriate, for Maintenance Mechanics listed in Attachment 1. The amount to
be refunded shall be deducted from the monthly maintenance fee in the month(s) following the quarterly
date of the Contract, or refunded by check at the option of the Owner. The amount shall be determined as
part of the quarterly reports required in Sections 2.12, 2.13 and 2.14. If the Contractor fails to provide the
required Monthly Minimum Hours for routine preventative maintenance for two (2) consecutive years,
the Owner has the right to immediately cancel the Contract or to pursue any other available remedy.
3.08 CALLBACK GUARANTEES
A. Callback Rate
1. Callbacks shall be monitored and reported quarterly on an annualized basis. For measurement

purposes callbacks shall be grouped and averaged on an annualized basis by common control
group. Callbacks for items not covered by the Contract (i.e., vandalism, water or fire damage
callbacks that have been billed to the customer and paid by mutual agreement) will not be
included in the calculation. “Running on arrival” or “no problem found” callbacks will be
assumed to be problems not identified and fixed, and will be included in the calculation.
2. Annually, within sixty (60) days of the anniversary date of the contract, the Contractor and the
Owner will review the callback data submitted with the annual Inspection and Evaluation report.
If the annualized callback rate for any grouping exceeds the rate(s) provided in the appropriate
“Equipment Coverage Attachment” (Attachments 2 to 4) by more than twenty-five percent
(25%), the maintenance fee for each unit in that grouping will be reduced, as monetary damages,
during the next twelve (12) months (until the next annual calculation) by ten percent (10%). The
reduction will be cumulative by group and year, that is, if a reduction is warranted for multiple
years, the monthly fee for each ensuing year will be reduced from the previous year’s amount by
an additional ten (10%) per year. If reductions in maintenance pricing due to excessive callbacks
occur for two (2) consecutive years, the Owner has the right to immediately cancel the Contract
or to pursue any other available remedy.
B. Entrapment Callback Response Time Guarantee
1. Contractor’s failure to comply with the callback entrapment response times contained in Section
2.11 will result in the callback, including any premium time charges, travel time and travel
expense being provided at no cost to the Owner. This applies to all entrapment callbacks
regardless of their billability under the terms of the Contract.
3.09 RELIABILITY GUARANTEE
A. The Contractor shall correct any system or individual malfunction that requires the removal of a unit from
normal operating service within forty-eight (48) hours (48 hours in this Paragraph means within two (2)
full Regular Working Days of the elevator trade) of the failure.
1. If the unit is not returned to service within the specified time allotment, the Contractor shall
adjust the subsequent monthly maintenance charge, as monetary damages, for the unit based on
an amount equal to twenty-five percent (25%) of the total monthly unit price for each twenty-four
(24) hour period, or portion of such period, that the unit is out of service from the original date of
system malfunction.
2. If any system or individual malfunction results in multiple units, in the same bank of elevators,
being removed from normal operation for twenty-four (24) hours or more, the above referenced
damages will start at the end of the first twenty-four hour (24) period and be accessed at an
amount equal to twenty-five percent (25%) of the total monthly unit price, for each unit, for each
twenty-four hour period or portion of such period, that multiple units are out of service from the
original date of system malfunction.
3. Contractor shall not be assessed damages for pre-approved and scheduled maintenance repairs,
tests or other conditions necessitating unscheduled major work procedures, resulting from a cause
excluded by any other provision of this Agreement, or repairs to items not covered under this
Agreement.
4. The Owner has the right to immediately cancel this Contract if the Contractor fails to meet the
provisions of this Section three (3) times during any three-year period. Failure to meet the
provisions of this Section are understood to have occurred if the Contractor was obligated to
reduce the monthly maintenance fee regardless if that reduction actually occurred.

B. Only one (1) elevator is allowed to be out of service for routine maintenance at any time in any bank of
units. If an elevator is out service for routine maintenance and another elevator malfunctions, the elevator
that is out for routine service shall be restored to normal operation, as long as the other unit remains out of
service, at no additional cost to the Owner.
3.10 DATA GUARANTEE
A. The Contractor warrants that all data supplied in securing this Contract will remain valid for the duration
of this Contract. If any changes occur relative to the information provided, the Owner has the right to
immediately cancel the Contract or to pursue any other available remedy.
3.11 REPORTING GUARANTEE
A. Failure to provide quarterly reports within the time frame specified in Section 2.08 will result in an
automatic reduction of the Contract price of 10% for a three (3) month period as monetary damages.
Monetary damages will be cumulative quarter to quarter. If the quarterly reporting requirements are
missed for two consecutive periods, the Owner has the option to immediately cancel the Contract or to
pursue any other available remedy.
B. Failure to provide Efficiency and Maintenance Survey Inspection Reports within the time frame specified
in Section 2.10 will result in an automatic reduction of the Contract price of 10% for a one (1) year period
as monetary damages. Monetary damages will be cumulative year to year. If the yearly reporting
requirements are missed for two (2) consecutive periods, the Owner has the option to immediately cancel
the Contract or to pursue any other available remedy.
3.12 TESTING GUARANTEE
A. Traction Elevators – Failure to complete the code required annual no-load and/or five year full load safety
test(s) within thirty (30) calendar days of the scheduled due date listed in Attachment 4 will result in an
automatic reduction of the monthly contract price of 50% for each thirty day period the test(s) are
overdue. If the test(s) become overdue the thirty day grace period is eliminated and any penalties will be
applied from the due day. (Example: test(s) are forty-five (45) days overdue; penalty will be 50% of two
(2) months billing).
B. Hydraulic Elevators - Failure to complete the code required annual no-load pressure test(s) within thirty
(30) calendar days of the scheduled due date listed in Attachment 4 will result in an automatic reduction
of the monthly contract price of 50% for each thirty day period the test(s) are overdue. If the test(s)
become overdue the thirty day grace period is eliminated and any penalties will be applied from the due
day. (Example: test(s) are forty-five (45) days overdue; penalty will be 50% of two [2] months billing).
3.13 RESTRICTED DOOR OPENING GUARANTEE
A. If an elevator is furnished with a restricted door opening device and said device is inoperable in a
manner or pattern that indicates its ability to function as intended was other than by random failure
the monthly contract price for that elevator will be reduced by 50% for each full and/or partial thirty-
day period the device is inoperative after contractor has been notified as liquidated damages if
requested by Owner. (Examples: 1) the device is inoperative, as defined above, for forty-five [45]
days; liquidated damages will be 50% of two [2] months billing; 2) the device is inoperative, as
defined above, for one [1] day; liquidated damages will be 50% of one [1] months billing). Final
determination for why a restricted door opening device is inoperable will be made by the Owner.
3.14 MAINTENANCE CONTROL PROGRAM GUARANTEE

A. Failure to maintain an accurate and current (all activities logged-in every month) Maintenance Control
Program will result in liquidated damages being assessed at the rate of one-hundred ($100.00) per month
per each unit not in compliance.
PART 4 - SUPPLEMENTAL CONDITIONS
4.01 PRICE ADJUSTMENT
A. Labor Contracts and Overtime: It is further understood and agreed that the Contractor shall furnish to the
Owner, in duplicate, a copy of his current labor contract and any subsequent labor contracts effective
during the term of this Contract pertaining to his elevator maintenance personnel, and the Contractor
further agrees to furnish any additional information concerning overtime charges to the Owner at any time
upon request.
B. Either the Contractor or the Owner shall be entitled to review of Contractor's labor and material costs for
the purpose of adjusting the maintenance fee thirty (30) days prior to the commencement of the second
and third years under the term of this Contract (or thirty (30) days prior to the commencement of each
renewal year hereunder). Proposed changes submitted less than thirty days prior to said date will not be
considered until the next year.
C. Upon submission of proof, satisfactory to the Owner or the Contractor, as the case may be, that the
Contractor's actual labor and/or material costs for performance of service have changed, the monthly price
for service coverage shall be adjusted in an amount equal to the established variance based on the
following formula:
1. Eighty percent (80%) of the fee shall be used to represent the labor portion of the Contract.
2. Twenty percent (20%) of the fee shall be used to represent the material portion of the Contract.
D. The current labor portion of the Contract shall be increased or decreased by the percentage of increase or
decrease of the current straight-time hourly rate for a mechanic, compared with same rate used for the
previous year’s labor portion of the Agreement.
1. The initial base labor amount is $71.295. This represents the Maintenance Mechanic’s hourly
wage with associated costs of fringe benefits.
E. The current materials portion of the Contract shall be adjusted based on the established monthly
difference in the "Wholesale Metals and Metal Products Index" as published by the United States
Department of Labor, Bureau of Labor Statistics.
1. Using March 2014, as the base month, the material factor is 214.5.
F. Annual adjustments shall be effective the first day of the new Contract and shall remain unchanged for
the next twelve (12) months.
4.02 CHANGES IN SCOPE
A. The Owner may at any time, by written order, make changes within the general scope of this Contract in
the work and service to be performed. If any such changes cause an increase or decrease in the
Contractor’s cost of, or the time required for, the performance of this Agreement, an equitable adjustment
shall be made and the Contract modified in writing accordingly. If the Owner and Contractor fail to agree
upon the adjustment to be made, the Owner reserves the right to solicit bids from other vendors for the
performance of the additional work.

B. When the Owner removes one or more elevators named in this Contract from service in order to perform
work on such elevators that is outside the scope of this Contract, the monthly payments due the
Contractor and the minimum maintenance hours required to be provided by the Contractor will be
reduced accordingly. The Contractor shall be notified, in writing, by letter or contract change order, at
least three (3) full working days in advance of the elevator(s) being removed from, or returned to, service.
If the elevator(s) is to be removed from service for 30 consecutive calendar days or less, the Owner will
negotiate an equitable adjustment with the Contractor and make the necessary adjustments on the monthly
invoice authorizing payment. If the elevator(s) is to be removed from service for more than 30
consecutive calendar days, the Owner will issue a modification to the Contract and negotiate an equitable
adjustment in the Contract price in accordance with Changes in Scope section.
Currently the ISELF and new National Hockey Center elevators are under guarantee maintenance
coverage until the end of the day on August 17, 2014. Upon completion of this guarantee period they will
be inserted into this contract for the remaining term.
4.03 PAYMENT/TERMS
A. The Owner agrees to pay the Contractor fees on a monthly basis for the term of the Agreement, subject to
the credits, discounts, price adjustments and performance guarantees as specified on the bid form.
B. Monthly invoices shall indicate the base monthly portions of the Contract amount due under the
Agreement for maintenance services. Adjustments to the base monthly billing shall be itemized as to
reason and amount.
C. Extraordinary work and/or other work, as approved in writing by the Owner, except overtime callbacks,
shall be invoiced separately upon completion and acceptance of the work or other services performed.
Completion and acceptance of the work shall include submission by the Contractor of an approved permit
and evidence of proper closure if a permit is required by jurisdictional authorities for the work performed.
All work, necessitated by this Paragraph, will be performed at a fee not to exceed the rates provided in
“Attachment 1”, as periodically adjusted by the terms of this contract.
D. Payments for services rendered shall be made on a monthly basis on an individual invoice for units
identified in attachments 4A, 4B, 4C, 4D and 4E.
E Except for emergency callback premiums, all claims for compensation in excess of the normal monthly
maintenance billing referred to above shall be approved in writing by Owner prior to completing the work
in question.
PART 5 - MAINTENANCE SPECIFICATIONS INTENT
A. The purpose of this Agreement is to state and define the terms and conditions under which the Contractor
shall provide limited maintenance services for the vertical transportation systems identified as Group A
units, full comprehensive maintenance and repair services and for the vertical transportation systems
identified as Group B units, and the terms and conditions under which the Owner shall compensate the
Contractor for such services rendered.
B. It is the intent of this Contract to ensure that all requirements, procedures, tests, inspections, service
practices, component repairs, equipment renewals, system adjustments, filing procedures and recording
documentation as referenced, mandated or otherwise implied herein are all inclusive, and to guarantee the
Owner that the absence of a particular item of work, service or procedure shall not alleviate the
Contractor of the sole responsibility to provide such labor, expertise, materials, equipment, services or
other procedures applicable to the Agreement and practical requirements unless same is specifically
excluded, prorated or deleted herein.

C. Minimum standards and requirements for services to be rendered shall be performed in accordance with
the specifications and relative time periods. Where there is no specific requirement for a preventive
maintenance procedure, the original equipment manufacturer (O.E.M.) standard shall be employed unless
there is no relative documentation available. The absence of both a contract requirement herein and the
O.E.M. design standard shall cause the contractor to engage the services of a qualified engineer to
formulate the relative standards and incorporate same as an addendum to this agreement with the
Professionals' Seal and Stamp.
ATTACHMENT 1
SCHEDULE OF INITIAL BASE HOURLY RATES FOR CONTRACTOR’S PERSONNEL
Premium Time
Straight Full Billing Rates
Contractors Billing Rates Hourly
Time Rate Hourly Selling Prices
Hourly Base Cost Selling Prices
P01143015 Hourly
including Fringe
Selling
Benefits
Price 1.5* 1.7* 2.0* 1.5* 1.7* 2.0*
Mechanic
Adjustor/Foreman
Probationary
Apprentice
1st Year
Apprentice
2nd Year
Apprentice
3rd Year
Apprentice
4th Year
Apprentice
Repair Crew
* Type of work, hours, and days of the week that the 1.5X rate applies:
Monday – Friday 6:00 p.m. – 7:00 a.m. and all day Saturday for scheduled service.
** Type of work, hours, and days of the week that the 1.7X rate applies:
Monday – Friday 6:00 p.m. – 7:00 a.m. and all day Saturday for overtime callback service.
*** Type of work, hours, and days of the week that the 2.0X rate applies:
Sundays and all repair crew work other than 7:00 a.m. to 6:00 p.m. Monday to Friday.
List all applicable holidays.

ATTACHMENT 2A
GROUP A UNITS
VERTICAL TRANSPORTATION
LIMITED MAINTENANCE CONTRACT AND SPECIFICATIONS
EQUIPMENT COVERAGE ATTACHMENT
HYDRAULIC ELEVATOR
1.01 CONTRACT SPECIFIED SERVICE PROVISIONS
TABLE 1
Frequency of Scheduled Systematic

Type of Vertical Transportation Equipment
Examinations
Hydraulic Elevators See Attachments 4A, B, C, D or E
TABLE 2
Minimum preventive maintenance hours
per month per unit
A. Contractor shall maintain, repair, or replace the following:
1. Minor components costing $100.00 or less prior to any contractor mark up on an individual basis.
Labor to install these components ($100.00 or less) is excluded.

ATTACHMENT 2B
GROUP B UNITS
FULL COVERAGE MAINTENANCE CONTRACT AND SPECIFICATIONS
HYDRAULIC ELEVATOR
TABLE 1

Examinations
TABLE 2
per month per unit
A. Automatic power and manually operated door systems, car door and gate hangers, car door and gate
contact, door protective device, guides, stops and appurtenances, car safety mechanism, platform, car
sills, elevator car guide shoes, gibs or rollers and appurtenances.
B. Motor, motor windings, rotating element, stator, bearings, rotors, starters, solid-state power drives
complete and associated apparatus, speed monitoring equipment and attachments.
C. Controller, selector and dispatching equipment, all relays, solid-state components, resistors, condensers,
transformers, contact leads, dashpots, timing devices, computer devices, insulators, solenoids, resistance
grids, mechanical and electrical driving equipment, diagnostics, troubleshooting tools, monitors and
associated apparatus.
D. Governor, governor sheave and shaft assembly, bearings, contacts and governor tension sheave
assemblies.
E. Overhead, 2:1, under car and deflector sheaves, bearings, car and counterweight buffers, car and
counterweight guide rails, top and bottom limit switches, activating cams, compensating equipment,
counterweight and counterweight guide shoes including rollers or gibs.
F. Hoistway door interlocks, top tracks, hanger rollers, operating linkages and auxiliary door closing
devices, hoistway landing, leveling and encoding systems complete, and power door clutch engaging
systems complete.

G. Car and hall lanterns, lobby fixtures, car operating panels, car and hall position indicators, hall pushbutton
fixtures, audible/visible signals and controls complete, emergency lighting, communication devices,
remote operating and signal equipment complete.
H. The Contractor shall examine and equalize tension on all wire ropes and renew them whenever necessary
to ensure the maintenance of adequate safety factor. Contractor shall also shorten all ropes as required to
maintain legal bottom clearances and perform all safety code reshackling procedures per ASME A17.1
Standards.
I. The Contractor shall repair and/or replace all electrical traveling cables, wiring and conductors extending
to the controls from mainline switch in the Machine Room and outlets in the hoistways.
J. The Contractor shall be responsible for relamping all lighting fixtures in the pit, machine room, and
hoistway (excluding cab lighting) as required (building management shall supply the bulbs and assistance
if required).
K. Hydraulic systems’ components, including but not limited to, tanks, valves, pump, cylinder head, above
ground piping, hoses, fittings, gauges, seals, O-Rings, packings, belts, recovery devices, overflow
devices, rescuvator or other emergency operating and signal systems, above grade cylinder and plunger
assemblies complete, muffler, heater and shut-off valves.
L. The Contractor shall be responsible under this Contract for providing all services required to properly
maintain any hydraulic cylinder warranty provided as part of the original installation.
M. The following items of equipment are excluded: Mainline power switch and fuses, car enclosure, car
doors, hoistway enclosures, hoistway doors, door frames and hoistway sills, buried hydraulic piping,
cylinder and conventional below grade plunger assemblies.
1.03 PERFORMANCE PARAMETERS
TABLE 3
Microprocessor Non-Microprocessor
Parameter
Control Control
Contract Speed ±5% ±5%
Leveling Accuracy ¼” ¼”
Door Open Speed in Seconds
2.0 - 2.5 2.0 - 2.5
(Average 42” Center Opening Doors)
Door Close Speed in Seconds
2.5 - 3.0 2.5 - 3.0
Door Close Speed Nudging in Seconds
4.5 - 5.0 4.5 - 5.0
Door Nudging Activation in Seconds 30 - 60 30 - 60
Door Dwell - Car Call in Seconds
3.0 3.0
(ADA Compliant)
Door Dwell - Hall Call in Seconds
5.0 - 6.0 5.0 - 6.0
(ADA Compliant)
Performance Time in Seconds 100 fpm / 14 - 16 100 fpm / 14 - 16
(12’ floor height) 150 fpm / 12 - 14 150 fpm / 12 – 14
Ride Quality 30 mg 30 mg
Sound Quality (during door operation,
70 dba 70 dba
with fan running)

Note: Doors speeds are provided for 42” center opening stainless steel doors. Speeds for other size doors will be in
the same proportion to the code required speeds.
TABLE 4
Parameter
Control Control
Callback Rate – Educational Facilities See Attachment 4 See Attachment 4
ATTACHMENT 3A
GROUP A UNITS
GEARED ELEVATOR
TABLE 1
Examinations
Non-microprocessor geared traction elevators See Attachments 4A, B, C, D or E
Microprocessor geared traction elevators See Attachments 4A, B, C, D or E
TABLE 2
per month per unit
1. Minor components costing $100.00 or less prior to any contractor mark up on an individual basis.
Labor to install these components ($100.00 or less) is excluded.

ATTACHMENT 3B
GROUP B
GEARED ELEVATOR
TABLE 1
Examinations
TABLE 2
per month per unit
1. Automatic power and manually operated door systems, car door and gate hangers, car door and
gate contact, door protective device, guides, stops and appurtenances, car safety mechanism,
platform, car sills, elevator car guide shoes, gibs or rollers and appurtenances.
2. Geared machinery, worm, gear, bearings, drive sheave, deflector sheave, brake assembly,
component parts, and all associated castings.
3. Motor, motor generator, motor windings, rotating element, stator, bearings, rotors, starters, solid-
state power drives complete and associated apparatus, speed monitoring equipment and
attachments.
4. Controller, selector and dispatching equipment, all relays, solid-state components, resistors,
condensers, transformers, contact leads, dashpots, timing devices, computer devices, insulators,
solenoids, resistance grids, mechanical and electrical driving equipment, diagnostics,
troubleshooting tools, monitors and associated apparatus.
5. Governor, governor sheave and shaft assembly, bearings, contacts and governor tension sheave
assemblies.
6. Overhead, 2:1, under car and deflector or secondary sheaves, bearings, car and counterweight
buffers, car and counterweight guide rails, top and bottom limit switches, activating cams,
compensating equipment, counterweight and counterweight guide shoes including rollers or gibs.

7. Hoistway door interlocks, top tracks, hanger rollers, operating linkages and auxiliary door closing
devices, hoistway landing, leveling and encoding systems complete, and power door clutch
engaging systems complete.
8. Car and hall lanterns, lobby fixtures, car operating panels, car and hall position indicators, hall
pushbutton fixtures, audible/visible signals and controls complete, emergency lighting,
communication devices, remote operating and signal equipment complete.
9. The Contractor shall examine and equalize tension on all wire ropes and renew them whenever
necessary to ensure the maintenance of adequate safety factor. Contractor shall also shorten all
ropes as required to maintain legal bottom clearances and perform all safety code reshackling
procedures per ASME A17.1 Standards.
10. The Contractor shall repair and/or replace all electrical traveling cables, wiring and conductors
extending to the controls from mainline switch in the Machine Room and outlets in the hoistways.
11. The Contractor shall be responsible for relamping all lighting fixtures in the pit, machine room,
and hoistway (excluding cab lighting) as required.
12. The following items of equipment are excluded: Mainline power switch and fuses, car enclosure,
car doors, hoistway enclosures, hoistway doors, doorframes and hoistway sills.
1.03 PERFORMANCE PARAMETERS
TABLE 3
Parameter
Control Control
Contract Speed ±2% ±5%
Leveling Accuracy ¼” ¼”
Door Open Speed in Seconds
2.0 – 2.5 2.0 – 2.5
Door Close Speed in Seconds
2.5 - 3.0 2.5 - 3.0
Door Close Speed Nudging in Seconds
4.5 – 5.0 4.5 - 5.0
Door Nudging Activation in Seconds 30 – 60 30 – 60
Door Dwell - Car Call in Seconds
3.0 3.0
(ADA Compliant)
Door Dwell - Hall Call in Seconds
5.0 – 6.0 5.0 – 6.0
(ADA Compliant)
Performance Time in Seconds
350 fpm / 9 - 11 350 fpm / 10 – 12
(12’ floor height)
Ride Quality 20 mg 20 mg
Sound Quality (during door operation,
67 dba 67 dba
with fan running)
Door speeds are provided for 42” center opening stainless steel doors. Speeds for other size doors will be in the
same proportion to the code-required speeds.
TABLE 4
Parameter
Control Control
Callback Rate – Educational Facilities See Attachment 4 See Attachment 4

ATTACHMENT 4A
UNIT PRICING, MINIMUM MONTHLY MAINTENANCE HOURS AND GUARANTEED CALLBACK RATE
Guaranteed
(1) Total Total Annual Minimum
(2) Maint. Callback
Monthly Monthly Price Monthly
Building Type Coverage Number Frequency rate
Maint. Price (1) x (2) Maintenance
of units (monthly) Calls/Unit/
Charge/Each (1) x (2) x 12 Months Hours per unit
Year
Administration MCE Hydro B 1 1 1 3
Bldg. 2010
MCE Hydro
Brown Hall B 1 1 1 3
2009
MCE Hydro
Business Bldg. B 1 1 1 3
2010
Centennial Hall MCE Traction
2008 B 2 2 2 3
Pass.
Centennial Hall MCE Traction
B 1 2 2 3
Frt. 2011
MCE Hydro
ECC Building B 1 1 1 3
2011
Dover Hydro
Education Bldg. A 2 1 1 N/A
1970
MCE Traction.
Halenbeck N B 1 2 2 3
2011
MCE Hydro
Halenbeck S B 1 1 1 3
2010
MCE Hydro
Headley Hall B 1 1 1 3
2012
ISELF* MCE Traction
B 1 2 2 3
Passenger 2013
ISELF * MCE Traction
B 1 2 2 3
Freight 2013
MCE
Kiehle Hall B 1 1 1 3
2011Hydro
*Units will enter contract on 8/18/2014

ATTACHMENT 4A
Minimum
Total Total Annual
(1) (2) Monthly Maint. Guaranteed
Coverag Monthly Price
Building Type Monthly Maint. Number Maintenance Frequency Callback rate
e Price (1) x (2)
Charge/Each of units Hours per (monthly) Calls/Unit/Year
(1) x (2) x 12 Months
unit
TKE Hydro
Miller Hall B 3 1 1 3
2000
MEI Hydro
National Hockey Ctr. B 1 1 1 3
1989
MCE Hydro
National Hockey Ctr* B 2 1 1 3
2013
MCE Hydro
PAC Pass B 1 1 1 3
2011
MCE Hydro
PAC Frt B 1 1 1 3
2011
Wheel-O-
PAC Access Lift A 1 1 1 N/A
Vator
Dover Hydro
PAC Stage Lift A 1 2 2 N/A
1967
MCE Hydro
Riverview B 1 1 1 3
2010
MCE Hydro
Stadium B 1 1 1 3
2004
MCE Hydro
Stewart Hall B 1 1 1 3
2010
Stewart Hall. Acc.
Cheney Lift A 1 1 1 N/A
Lift
MCE Hydro
Wick Science B 1 1 1 3
2011
TKE Hydro
Wick Science New B 1 1 1 3
2009
* Units will enter contract on 8/18/2014

ATTACHMENT 4B
Minimum Maint. Guaranteed

(1) Total Total Annual
(2) Monthly Frequenc Callback
Monthly Monthly Price
Building Type Coverage Number of Maintenance y rate
Maint. Price (1) x (2)
units Hours per (monthly Calls/Unit/Y
Charge/Each (1) x (2) x 12 Months
unit ) ear
MCE Traction
Case Hall B 1 2 2 3
2012
MCE Traction
Hill Hall B 1 2 2 3
2012
MCE Traction
Holes Hall B N/A 2 N/A N/A N/A N/A N/A
2010
Garvey MEI Hydro
Commons B 1 1 1 3
2011
Dock Frt.
Garvey Dover Hydro
Commons A 1 1 1 N/A
1980
Pass
Garvey MEI Hydro
Commons B 1 1 1 3
2011
Kitchen Frt. MCE Hydro
Lawrence Hall B 1 2 2 3
2003
MCE Traction
Mitchell Hall B 1 2 2 5
2013
MCE Traction
Sherburne Hall B 3 2 2 3
2004
Shoemaker MCE Traction
B 1 2 2 3
East 2011
Shoemaker MCE Traction
B 1 2 2 3
West 2011
Shoemaker MCE Hydro
B 1 2 2 3
North 2011
MCE Traction
Stearns Hall B 2 2 2 3
2010

ATTACHMENT 4C
Minimum
Total Total Annual Guaranteed
(1) (2) Monthly Maint.
Monthly Price Callback rate
Building Type Coverage Monthly Maint. Number Maintenance Frequency
Price (1) x (2) Calls/Unit/Yea
Charge/Each of units Hours per (monthly)
(1) x (2) x 12 Months r
unit
Atwood Center MEI Hydro
Frt. B 1 1 1 3
2013
Pass B 1 1 1 3
1992
Corner Post Pass B 1 1 1 3
1992
ATTACHMENT 4D
Minimum
(1) x (2) x 12 Months r
unit
TKE Hydro
Parking Ramp B 1 1 1 3
2008
ATTACHMENT 4E
Minimum
(1) x (2) x 12 Months r
unit
MCE Hydro
Rec. Center B 1 1 1 3
2004
ATTACHMENT 4F
TOTALS
ATTACHMENT 4A TOTALS (ACADEMIC BUILDINGS)

TOTAL NUMBER OF UNITS 31
TOTAL FIRST YEAR MONTHLY GROSS
TOTAL FIRST YEAR ANNUAL GROSS
TOTAL MINIMUM MAINTENANCE HOURS 40
ATTACHMENT 4B TOTALS (RESIDENT HOUSING)

ATTACHMENT 4C TOTALS (ATWOOD CENTER)

ATTACHMENT 4D TOTALS (ATWOOD CENTER)

ATTACHMENT 4E TOTALS (ATWOOD CENTER)


Exhibit A
Form MnSCU 110

STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
AGREEMENT FOR CONSTRUCTION SERVICES
FOR ADVERTISED BID PROJECTS
F.Y. Cost Center Obj. Code Amount Vendor # P.O. #

[Insert] [Insert] [Insert] [Insert] [Insert] [Insert]
[INSTRUCTIONS FOR COMPLETING THIS FORM ARE IN ITALICS AND BRACKETS. FILL IN ALL
INSERTS AND DELETE ALL INSTRUCTIONS, INCLUDING THE BRACKETS.]
THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, made
by and between the State of Minnesota through its Board of Trustees of the Minnesota State Colleges and
Universities (hereinafter called “MnSCU”), and
CONTRACTOR: [Insert Full Legal Name]

STREET ADDRESS: [Insert Full Legal Address]
CITY, STATE, ZIP [Insert City, State Zip]
TELEPHONE NUMBER: [Insert Business Telephone Number]
LEGAL ORGANIZATION:
1.) a corporation organized and existing under the laws of the state of: [Insert, if
applicable]
or 2.) a partnership consisting of the following partners: [Insert, if applicable]
or 3.) a sole ownership, owned by: [Insert, if applicable]
(hereinafter called “CONTRACTOR”).
WITNESS THAT: MnSCU advertised for bids for the following Project:
PROJECT NAME: [Insert Project Name]

PROJECT LOCATION: [Insert Building Name, if applicable]
NAME OF COLLEGE
OR UNIVERSITY: [Insert Name of College/University]
CITY: [Insert City], Minnesota
AND, WHEREAS CONTRACTOR has on [Insert Date of Bid Opening] submitted a signed
bid which is hereby made a part of this AGREEMENT as if fully set forth herein, to construct said Project.
NOW THEREFORE, MnSCU and CONTRACTOR for the considerations hereinafter named agree as follows:
Rev. 7/1/09 Page 45 of 6

ARTICLE 1. SCOPE OF THE WORK
CONTRACTOR agrees to furnish, except as may be otherwise provided herein, all labor, services, means of
construction, and material required for, and to construct, install, complete, and finish this Project in the most
workmanlike and substantial manner, to the satisfaction in every respect of the Project Architect or other
designated representative of MnSCU, with the time herein specified, all in accordance with the terms of this
AGREEMENT and the Drawings, Specifications, the General Conditions and the Supplementary General
Conditions of the Work, and special provisions, including all Addenda, pertaining to this Project, which are
made a part of this AGREEMENT as though fully set forth herein.
ARTICLE 2. TIME OF COMPLETION
CONTRACTOR shall commence work upon receipt of a written Notice to Proceed, shall proceed with
diligence, and complete this Project no later than [Insert – See Instructions].
Time is of the essence in completing this AGREEMENT.
ARTICLE 3. THE AGREEMENT SUM
MnSCU will pay CONTRACTOR for the performance of the AGREEMENT, subject to additions and
deductions provided therein, in current funds as follows:
DOLLARS ($_____ )
[Insert Dollar Amount in words and numbers.]
This AGREEMENT SUM represents acceptance of CONTRACTOR’S Base Bid,

Alternate Nos. [Insert – See Instructions], and includes
Unit Prices for [Insert – See Instructions], all as described in the Contract Documents.
ARTICLE 4. LIABILITY OF STATE EMPLOYEES
It is agreed that no employees of the Board of Trustees of the Minnesota State Colleges and Universities, the
state of Minnesota, or of [Insert the Name of the College/University where the Work will be performed.] shall
be personally liable or responsible in any manner to CONTRACTOR, Subcontractors, material men, laborers,
or to any other person whomsoever, for any claims, demands, actions, or causes of action of any kind or
character arising out of or by reason of the execution of this AGREEMENT or the performance and completion
of said Work.
ARTICLE 5. LABOR STANDARDS AND WAGES
This project is subject to Minnesota Labor Standards and Wages requirements of Minnesota Statutes Chapter
177.
Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Rules 5200.1000 to 5200.1120, this project
contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry.
Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing
wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or
criminal penalties.

Rev. 7/1/09 Page 2 of 6
For more information regarding prevailing wage and its application, contact:
Minnesota Department of Labor and Industry
Prevailing Wage unit
443 Lafayette Road N.
St. Paul, MN 55155
Phone: (651) 284-5091
E-mail: dli.prevwage@state.mn.us
Web: www.dli.mn.gov
Pursuant to Minnesota Statutes Section 177.43, Subd. 3, all contractors and subcontractors shall submit to the
Owner’s contracting entity copies of payrolls that contain all the data required by Minnesota Statutes §177.30.
Contractors and subcontractors shall use Form MnSCU073 for this purpose.
Hours of labor
Pursuant to Minnesota Statutes 177.43:
(1) no laborer or mechanic employed directly on the project work site by the contractor or any subcontractor,
agent, or other person doing or contracting to do all or a part of the work of the project, is permitted or required
to work more hours than the prevailing hours of labor unless paid for all hours in excess of the prevailing hours
at a rate of at least 1-1/2 times the hourly basic rate of pay; and
(2) a laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage rate in the same or
most similar trade or occupation in the area.
Exceptions
This requirement does not apply to wage rates and hours of employment of laborers or mechanics who process
or manufacture materials or products or to the delivery of materials or products by or for commercial
establishments which have a fixed place of business from which they regularly supply processed or
manufactured materials or products. This section applies to laborers or mechanics who deliver mineral
aggregate such as sand, gravel, or stone which is incorporated into the work under the contract by depositing the
material substantially in place, directly or through spreaders, from the transporting vehicle.
Posting
The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay for all trades and occupations
required in any project must be ascertained before the state asks for bids. Each contractor and subcontractor
performing work on a public project shall keep the information posted on the project in at least one conspicuous
place for the information of the employees working on the project.
Penalty
It is a misdemeanor for an officer or employee of the state to execute a contract for a project without complying
with this section, or for a contractor, subcontractor, or agent to pay any laborer, worker, or mechanic employed
directly on the project site a lesser wage for work done under the contract than the prevailing wage rate as stated
in the contract. This misdemeanor is punishable by a fine of not more than $700, or imprisonment for not more
than 90 days, or both. Each agent or subcontractor shall furnish to the contractor evidence of compliance with
this section. Each day a violation of this section continues is a separate offense.
Examination of records; investigation

The Department of Labor and Industry shall enforce this section. The department may demand, and the
contractor and subcontractor shall furnish to the department, copies of any or all payrolls. The department may
examine all records relating to wages paid laborers or mechanics on work to which sections 177.41 to 177.44
apply.

Rev. 7/1/09 Page 3 of 6
The Contractor and subcontractors shall comply with Minnesota Statutes 177.41-.44. To facilitate compliance
pursuant to the Statute, wage determinations (prevailing wages) were prepared for different trades for each
county from which labor for said project would be secured and are included and published in the Contract
Specifications. Any wage determinations that are found not to be so promulgated do not relieve the Contractor
from any responsibility for paying the prevailing wage rate of the trade in question. Additional classifications
may develop between certifications by the Minnesota Department of Labor and Industry. Therefore, no
inference may be drawn from the omission of a classification which has local usage.
Prevailing wage violations

Upon issuing a compliance order to an employer pursuant to section 177.27, subdivision 4, for violation of
sections 177.41 to 177.44, the commissioner shall issue a withholding order to the contracting authority
ordering the contracting authority to withhold payment of sufficient sum to the prime or general contractor on
the project to satisfy the back wages assessed or otherwise cure the violation, and the contracting authority must
withhold the sum ordered until the compliance order has become a final order of the commissioner and has been
fully paid or otherwise resolved by the employer.
During an investigation of a violation of sections 177.41 to 177.44 which the commissioner reasonably
determines is likely to result in the finding of a violation of sections 177.41 to 177.44 and the issuance of a
compliance order pursuant to section 177.27, subdivision 4, the commissioner may notify the contracting
authority of the determination and the amount expected to be assessed and the contracting authority shall give
the commissioner 90 days' prior notice of the date the contracting authority intends to make final payment.
Keeping Records; Penalty:

A. Every employer subject to Minnesota Statutes Section 177.21 to 177.44 must make and keep a
record of:
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee;
(3) the hours worked each day and each workweek by the employee;
(4) for each employer subject to sections 177.41 to 177.44, and while performing work on public
works projects funded in whole or in part with state funds, the employer shall furnish under oath
signed by an owner or officer of an employer to the contracting authority and the project owner
every two weeks, a certified payroll report with respect to the wages and benefits paid each
employee during the preceding weeks specifying for each employee: name; identifying number;
prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross
amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed
per hour for each benefit, including name and address of administrator; benefit account number;
and telephone number for health and welfare, vacation or holiday, apprenticeship training,
pension, and other benefit programs; and
(5) other information the commissioner finds necessary and appropriate to enforce sections
177.21 to 177.435. The records must be kept for three years in or near the premises where an
employee works except each employer subject to sections 177.41 to 177.44, and while
performing work on public works projects funded in whole or in part with state funds, the
records must be kept for three years after the contracting authority has made final payment on the
public works project.
B. The commissioner may fine an employer up to $1,000 for each failure to maintain records as
required by this section. This penalty is in addition to any penalties provided under section 177.32,
subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer’s business and the gravity of the violation shall be considered.

Rev. 7/1/09 Page 4 of 6
ARTICLE 6. AUDITS
Pursuant to Minnesota Statues, Section 16C.05, subdivision 5, all books, records, documents, and accounting
procedures and practices of CONTRACTOR relevant to this AGREEMENT are subject to examination by
MnSCU and the legislative auditor or the state auditor, as appropriate.
ARTICLE 7. AFFIDAVIT FOR OBTAINING FINAL SETTLEMENT
CONTRACTOR and all of its Subcontractors shall comply with Minnesota Statutes, Section 290.92. It is
distinctly understood and agreed that, pursuant to Minnesota Statutes, Section 290.97, MnSCU will not issue
final payment to CONTRACTOR prior to receipt of a “Withholding Affidavit for Contractors”, Form IC134,
from CONTRACTOR and from each of CONTRACTOR’s Subcontractors. The Minnesota Department of
Revenue must sign the Forms IC134 prior to being submitted to MnSCU. It shall be the responsibility of
CONTRACTOR to ensure that all of the Affidavits herein required are submitted to MnSCU.
ARTICLE 8. PAYMENTS TO SUBCONTRACTORS
A. Prompt Payment: In accordance with Minnesota Statutes 16A.1245

CONTRACTOR shall, within ten (10) calendar days of receipt of a progress payment, pay all Subcontractors
and suppliers having an interest in the Contract their prorata share of the payment for all undisputed services
provided by the Subcontractors.
If CONTRACTOR does not pay any Subcontractor or supplier on time, CONTRACTOR shall pay
interest of 1-1/2% per month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall
pay the actual penalty due the Subcontractor. Any Subcontractor who prevails in a civil action to collect interest
penalties from CONTRACTOR shall be awarded its costs and disbursements, including attorney’s fees incurred
in bringing the action.
B. Retainage: CONTRACTOR may withhold payment as retainage from Subcontractors’ progress

payments in an amount not to exceed five (5) percent of the payment. CONTRACTOR shall reduce or eliminate
the retainage for a Subcontractor in the same manner that MnSCU reduces or eliminates the retainage for
CONTRACTOR.
C. Enforcement: The enforcement of these conditions shall be the responsibility of the Subcontractors
working through CONTRACTOR. If CONTRACTOR is required to provide a Performance and Payment Bond
for the AGREEMENT, then the enforcement of these conditions shall be the responsibility of the
Subcontractors working through CONTRACTOR and CONTRACTOR’s Surety. To facilitate the resolution of
any problems relating to these provisions, CONTRACTOR shall furnish the Subcontractors with the name,
address, and telephone number of CONTRACTOR’s Surety within ten (10) calendar days of the date on which
CONTRACTOR signs the AGREEMENT.
ARTICLE 9. EFFECTIVE DATE OF AGREEMENT
This AGREEMENT shall become binding upon the parties when MnSCU issues a written Notice to Proceed.
Rev. 7/1/09 Page 5 of 6

IN WITNESS WHEREOF MnSCU and CONTRACTOR have signed this AGREEMENT, intending to be
bound thereby.
APPROVED:
1. CONTRACTOR: [INSERT NAME OF CONTRACTOR]
CONTRACTOR certifies that the appropriate person(s) have executed the
Agreement on behalf of CONTRACTOR as required by applicable articles, by-
laws, resolutions, or ordinances.
By (authorized signature and printed name)
Title
Date
Title
Date
2. VERIFIED AS TO ENCUMBRANCE:
Employee certifies that funds have been encumbered as required by Minnesota
Statute §16A.15.
Title
Date
3. MINNESOTA STATE COLLEGES AND UNIVERSITIES

[INSERT NAME OF COLLEGE/UNIVERSITY]:
Title
Date
4. AS TO FORM AND EXECUTION:
Title
Date
Rev. 7/1/09 Page 6 of 6

Exhibit B

Exhibit C
AFFIDAVIT OF NON-COLLUSION
Definition: For ease of reference, each organization submitting a response to this Request for Proposal will hereinafter be
referred to as a "Proposer". A Proposer whose Proposal would result in a formal agreement will hereinafter be referred to
as a "Contractor."
The prospective Proposer must sign the Affidavit and provide the information required of Proposers as outlined in the
pages, which follow:
AFFIDAVIT OF NON-COLLUSION:
I hereby swear (or affirm) under the penalty of perjury:
1. That I am the Proposer (if the Proposer is an individual), a partner in the Proposer (if the Proposer is a
partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if
the Proposer is a corporation);
2. That the attached Offer or Offers have been arrived at by the Proposer independently, and have been
submitted without collusion with, and without any agreement, understanding, or planned common course of
action with any other vendor of materials, supplies, equipment or services described in the Request for
Proposal designed to limit independent offers or competition;
3. That the contents of the Offer or Offers have not been communicated by the Proposer or its employees or
agents to any person not an employee or agent of the Proposer or its surety on any bond furnished with the
Offer or Offers and will not be communicated to any such person prior to the official opening of the Offer or
Offers, and;
4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Subscribed and sworn to me this ______ _________________________________

day of _______________, 20___. Signature
Notary Public _________________________________

Firm Name
My commission expires _____________, 20_____.
_________________________________
Date

Exhibit D
State Of Minnesota – Affirmative Action Certification
If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to
determine whether you are subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification
requirement, and to provide documentation of compliance if necessary. It is your sole responsibility to provide this
information and—if required—to apply for Human Rights certification prior to the due date and time of the bid or
proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is
under no obligation to delay proceeding with a contract until a company receives Human Rights certification
1. BOX A – For companies which have employed more than 40 full-time employees within Minnesota on any
single working day during the previous 12 months. All other companies proceed to BOX B.
Your response will be rejected unless your business:
has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR)
or has submitted an affirmative action plan to the MDHR, which the Department received prior to the date
and time the responses are due.
Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any
single working day during the previous 12 months:
 We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your
certificate with your response.
 We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the
MDHR for approval, which the Department received on __________________ (date). [If the date is the same as the
response due date, indicate the time your plan was received: ________ (time). Proceed to BOX C.
 We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our
company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota
Department of Human Rights for assistance. (See below for contact information.)
Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative
Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and
approved by the Minnesota Department of Human Rights before a certificate can be issued.
BOX B – For those companies not described in BOX A

 We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous
12 months. Proceed to BOX C.
BOX C – For all companies

By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on
behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may
apply to your company. (These requirements are generally triggered only by participating as a prime or subcontractor on
federal projects or contracts. Proposers are alerted to these requirements by the federal government.)
Name of Company: Date
Authorized Signature: Telephone number:
Printed Name: Title:
For assistance with this form, contact: Minnesota Department of Human Rights, Compliance Services Section
Mail: 190 East 5th St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296-5663 Toll Free: 800-657-3704
Web: www.humanrights.state.mn.us Fax: (651) 296-9042 TTY: (651) 296-1283

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Elevator Maintenance Services R FP June 202014 Final

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REQUEST FOR PROPOSAL

Elevator Maintenance Services

June 23, 2014

ST. CLOUD STATE UNIVERSITY

St. Cloud State University Elevator Maintenance RFP Page 1

Section 1 - GENERAL INFORMATION

Section 2 - TERMS AND CONDITIONS

Section 3 - CONTRACT TERMS

Section 4 – SPECIFICATIONS AND REQUIREMENTS 14

St. Cloud State University Elevator Maintenance RFP Page 2

Exhibit A MnSCU Services Contract 45

Exhibit B Sample ACORD Insurance Certificate 51

Exhibit C Affidavit of Non-Collusion 53

Exhibit D Affirmative Action Certification 54

St. Cloud State University Elevator Maintenance RFP Page 3

TITLE: St Cloud State University

ISSUING AGENCY: St. Cloud State University

St. Cloud State University

All inquiries for information are to be directed to:

Lisa Sparks, Purchasing Supervisor

St. Cloud State University Elevator Maintenance RFP Page 4

June 23 Publish ad for Elevator Maintenance services RFP in State Register

 Request for Proposal Offering Form signed and completed as specified.

 Name and address of operating company.

 Affidavit of Non-Collusion signed and completed as specified (Exhibit C; in RFP)

 Attachment # 1 (pg. 33)

 Attachments 4A, 4B, 4C, 4D and 4E (Pgs. 40 – 45)

 Response Evaluation criteria information (Pgs 12 – 13)

St. Cloud State University Elevator Maintenance RFP Page 5

Name of Firm: ___________________________________________

State: _____________________ Zip: ____________

Telephone: ____________________ (please include area code)

St. Cloud State University Elevator Maintenance RFP Page 6

1.1 SCOPE OF SERVICE

1.2 GENERAL INFORMATION

1.3 ISSUING OFFICE

Reference: St Cloud State University Elevator Maintenance Services RFP

Section 2 TERMS AND CONDITIONS

2.1 PROPOSAL EVALUATION AND AWARD:

2.2 APPLICABLE LAW:

2.3 PARTIES TO THE CONTRACT:

St. Cloud State University Elevator Maintenance RFP Page 7

Prices quoted should include all taxes and fees.

2.6 STATE AUDITS:

2.7 AFFIRMATIVE ACTION:

2.9 SUPERVISION AND INSPECTION:

2.11 CONTRACT TERMINATION:

St. Cloud State University Elevator Maintenance RFP Page 8

The Contractor shall indemnify, defend or hold the University harmless:

2.13 LAWS TO BE OBSERVED:

2.15 REIMBURSEMENT OF COSTS:

2.16 VENDOR SELECTION:

2.17 DISPOSITION OF RESPONSES:

St. Cloud State University Elevator Maintenance RFP Page 9

1. Workers' Compensation Insurance:

4. Additional Insurance Conditions

St. Cloud State University Elevator Maintenance RFP Page 10

2.19 PREVAILING WAGE REQUIREMENTS:

St. Cloud State University Elevator Maintenance RFP Page 11

Keeping Records; Penalty:

2.20 RESPONSE EVALUATION:

a. Maintenance Mechanic ____________________________________________

b. Backup Mechanic ___________________________________________

State: _________ Zip: