HomeMy WebLinkAboutResolution - 2007-R0113 - Contract- Thyssenkrupp Elevator Corporation - Elevator_Escalator Services - 03_22_2007Resolution No. 2007—RO113
March 22, 2007'
Item No. 5.26
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and ThyssenK upp Elevator Corporation of Midland, Texas, for elevator/escalator
services per the Texas Cooperative Purchasing Network, which Contract and any
associated documents, are attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 22od day of March , 2007.
DAVID A. ILLER, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPR V D F S TO i ON,� NT:
f`�
Ads stdnt City Manager/Transportation and Public Works
APPROVED AS TO FORM:
Don an iver; Attorney o Couns
DDres/ThyssenKruppLlevatrn 07Con Res
March 14, 2007
Resolution No. 2007-RO113
Agreement for Elevator
Modernization.
Submitted to: City of Lubbock
PO Box 2000
Lubbock, TX 79457
(Hereinafter Purchaser)
By: ThyssenKrupp Elevator
906 S Big Spring PO Box 734
Midland, Texas 79701
(432) 683-1488
ThyssenKrupp Elevator is pleased to provide the following quotation for elevator
modernization at:
Date:
Lubbock International Airport
5501 Martin L King Blvd
Lubbock, TX 79404
January 22, 2007
ThyssenKrupp Elevator I*
Agreement for Elevator Modem¢ation. Page 2 of 11
TABLE OF CONTENTS.
Part 1 General
Part 2 Equipment and Summary of Work
Part 3 Modernization Equipment Features
Part 4 Installation Sequence and Schedule
Part 5 Tests
Part 6 Clean-up and
Purchaser Inspection
Part 7 Work Not Included
Part 8 Special Conditions
Part 9 Terms and Conditions
Part 10 Prices, Terms of Payment,
Signature Page
MOD 03M2
Agreement for Elevator Modemization. Page 3 of 11
PART 1- GENERAL.
1.01 This proposal covers the complete modernization of one (1) passenger elevator(s) located at The Lubbock
International Airport. All work will be performed in a workmanlike manner and will include all work and material
as specified herein. In all cases where a device or part of equipment is herein referred to in the singular
number, it is intended that such reference will apply to as many such devices as are required to complete the
installation.
1.02 All work will be performed in accordance with the most applicable edition of the National Safety Code for
Elevators, Dumbwaiters, Escalators, and Moving Walks (ASME A17.1), ANSI A117.1 Barrier Free Code as
pertaining to Passenger Elevators, the Americans with Disabilities Act (ADA), the National Electrical Code,
and/or such State and Local elevator codes as may be applicable.
1.03 Drawings. ThyssenKrupp Elevator will prepare drawings and/or cut sheets at company's sole discretion,
showing the general arrangement of the elevator equipment.
1.04 Permits, taxes and licenses. All applicable sales and use taxes, permit fees and licenses, as of the date bids
are taken, will be paid by ThyssenKrupp Elevator.
1.05 Maintenance service. ThyssenKrupp Elevator will fumish a separate maintenance contract to be executed by
Owner/Manager.
1.06 Wiring diagrams. Two (2) complete sets of "made final" wiring diagrams including input and output signals will
be furnished to the Purchaser.
1.07 Keys. Two (2) keys for each key switch specified will be fumished to the Purchaser.
PART 2 - EQUIPMENT AND SUMMARY OF WORK.
POWER SUPPLY: Retain Existing
QUANTITY: One (1)
LOGIC CONTROL: New Microprocessor
CAPACITY: 3500
CAR ENCLOSURE: Retain Existing
SPEED: 150 fpm
SIGNAL FIXTURES: New car and hall fixtures
STOPS: varied
DOORS: Retain Existing, new tracks
OPENINGS: varied
ENTRANCES: Retain Existing
CAR SIZE: PLATFORM: Retain Existing
DOOR OPERATION: New Door Operator
CLEAR INSIDE: Retain Existing
.LACK: Retain Existing
TRAVEL: 34'-0"
WIRING: New car, machine room and
POWER UNIT: New Complete Power Unit hoistway wiring.
PART 3 - MODERNIZATION EQUIPMENT FEATURES.
3.01 CAR.
Retain Existing.
3.02 CAR ENCLOSURE.
Retain Existing.
MOD DU02
Agreement for Elevator Modembtation.
3.03 CAR SIGNAL FIXTURES.
Page 4 of 11
EMERGENCY PHONE: We will furnish and install an ADA compliant telephone in each elevator cab with the following
features. The phone will be of the hands -free type containing an auto -dialer and a programmable memory chip that will
identify the location of the elevator. The telephone will dial a second number if the first is busy. A push -to -call button
will be provided to initiate a call and the button will be raised or flush and be at least 3/4". The phone will be equipped
with a visual indicator to indicate that the call has been answered and that help is on the way. The phone face plate will
contain raised lettering and grade 2 Braille and be located a maximum of 46" above the finished floor.
Main Car Station: We will furnish and install a new ADA compliant car station in the elevator cab that will contain
standard floor buttons, door hold open button, standard braille plates, standard key switch package (Fan, light,
Independent service and inspection), Fire service phase II features with engraved instructions, handicap passing signal,
emergency light, digital position indicator, car riding lantern with the station finished in #4 bushed stainless steel.
3.04 CONTROL & DRIVE SYSTEMS.
MICROPROCESSOR CONTROL SPECIFICATIONS: All existing elevator control equipment shall be removed from the
elevator machine room and premises. In place, we will install new control equipment with the following characteristics:
Controller: The elevator control system shall be microprocessor based and software oriented. Control of the
elevator shall be automatic in operation by means of push buttons in the car numbered to correspond to floors
served, for registering car stops, and by "up -down" push buttons at each intermediate landing and "call" push
buttons at terminal landings.
1. Momentary pressing of one or more buttons shall dispatch the car to the designated landings in
the order in which the landings are reached by the car, irrespective of the sequence in which
the buttons are pressed. Each landing call shall be canceled when answered.
2. When the car is traveling in the up direction, it shall stop at all floors for which car buttons or
"up" hall buttons have been pressed. The car shall not stop at floors where "down" buttons
have been pressed, unless the stop for that floor has been registered by a car button or unless
the down call is at the highest floor for which any buttons have been pressed. Pressing the "up"
button when the car is traveling in the down direction shall not intercept the travel unless the
stop for that floor has been registered by a car button or unless the up call is the lowest for
which any button has been pressed.
3. When the car has responded to its highest or lowest stop, and stops are registered for the
opposite direction, its direction of travel shall reverse automatically and it shall then answer the
calls registered for that direction. If both up and down calls are registered at an intermediate
floor, only the call corresponding to the direction of car travel shall be canceled upon the
stopping of the car at the landing.
Independent Service: Provide a key operated switch in the elevator for the purpose of removing the car from
normal operation. When the switch is in the "independent service" position, the elevator will bypass all landing
calls and answer only car calls. The operator will have complete control over the operation of the car.
Emergency Power 10D-4A: In the event of a normal power supply failure, the elevator system shall operate from
an emergency power supply. The emergency power supply, including transfer switch and auxiliary contacts, is
provided as part of the work of Division 16 and shall be available to all elevator(s) in the system through the
normal power feeders.
3.05 DOORS & ENTRANCES.
Retain existing doors, however new door operators will be provided, as well as complete hoistway door equipment
( including hatch tracks, hangers, interlocks, pick-ups, and closers)
New microlight infrared door detectors will be supplied on car doors. These 40+ infrared beams sense motion and
reopen the doors once motion is detected.
MOD OUO2
Agreement for Elevator Modemb ion.
3.06 HALL_ SIGNAL FIXTURES.
Page 5 of 11
HALL CALL BUTTONS: Up and down ADA compliant surface mounted hall call buttons will be furnished and installed in
all elevator lobbies at 42" above the floor. The buttons will be a minimum of 3/4", raised or flush and provide a visual
indication when each call is registered. The buttons will be installed in face plates with a brushed stainless steel finish.
Refinishing of the walls necessitated by the installation is not included in this proposal.
HALL PUSH BUTTON STATION: The first floor hall push button station will be provided with a 3 position keyed switch for
the manual activation of elevator recall under fire or other emergence conditions.
3.07 PIT EQUIPMENT.
Retain existing.
3.06 POWER UNITS & JACKS.
EXISTING OIL HYDRAULIC PUMP: The existing oil hydraulic pump/power unit shall be removed from the machine room
and premises. In place we will furnish and install a new submersible type pump/power unit which will contain a pump
motor, pump, silencer oil reservoir, oil flow control valve, tank shutoff valve and strainer all mounted on sound and
vibration isolation pads. The new oil flow control valve will perform all necessary functions for a oil hydraulic elevator
being smooth up start, up transition, up leveling, up stop, lowering, down leveling and down stop (check). We will
furnish and install all necessary oil supply line and oil line shutoff valve per code.
Retaining existing jack.
3.09 WIRING.
EXISTING TRAVELING CABLE: All existing elevator traveling cables will be removed and replaced with new travel cable
containing sufficient conductors and spares.
New hoistway and machine room wiring to interface with new controller and pump unit.
PART 4 - INSTALLATION SEQUENCE AND SCHEDULE.
4.01 All work will be performed during regular working hours of regular working days as is customary in the elevator
industry.
4.02 The elevator will be out of service in the performance of the work as specified.
4.03 Prior to commencing work, a work schedule will be submitted to the Purchaser.
PART 5 - TESTS.
5.01 Emergency fire service. Perform Phase I and Phase I I Fire Service tests to conform to applicable codes.
5.02 Test reports. Completed copies of test reports will be provided to the Purchaser.
5.03 All required tests are to be performed during the regular working hours of the elevator trade. Should the
Purchaser require these test to be performed outside the regular working hours, there will be an added cost to
the quoted contract amount.
Moo 03/02
Agreement for Elevator Modernization. Page 6 of I
FART 6 - CLEAN UP AND PURCHASER INSPECTION.
6.01 Clean ug, ThyssenKrupp Elevator will remove all debris resulting from work on this contract. In addition, we
will remove from the project site all equipment and unused or removed materials and restore building and
premises to a neat, clean appearance.
6.02 Inspection. All materials and workmanship will be subject to inspection or testing. The Purchaser will have the
right to reject defective or inferior material or workmanship installed under this contract and may require the
correction of such without additional cost to the Purchaser.
PART 7 - WORK NOT INCLUDED.
The following work is not included unless specifically addressed in this proposal, and is conditional upon the proper
performance of such work by the General Contractor, Owner, Owner's Representative, or other Subcontractors.
A legal hoistway, property framed and enclosed, and including a pit of proper depth provided with ladder, sump
pump, lights, access doors and waterproofing, as required. Removal of water in pit(s). Legal machine room,
adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting, ventilation and heal
to maintain the room at an ambient temperature of 50OF minimum (9011 maximum). Adequate supports and
foundations to cant' the loads of all equipment, including supports for guide rail brackets and machine beams or
overhead sheaves (I furnished). If adjacent hoistways are utilized, divider beams at suitable points shall be provided
for guide rail bracket support. Should additional weight need to be added to the counterweight to balance the
cabs, there would be an additional charge added to the contract amount.
Cutting and patching of walls, floors, etc., and removal of such obstructions as may be necessary for proper
installation of the elevator. Pockets or blockouts for signal fixtures.
Suitable connections from the power main to each controller and signal equipment feeders as required,
including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Suitable power supply
capable of operating the new elevator equipment under all conditions. Wiring to controller for car lighting. (Per
N.E.C. Articles 620-22 and 620-51). Electric power without charge, for construction, testing and adjusting of
the same characteristics as the permanent supply. A means to automatically disconnect the main line and the
emergency power supply to the elevator prior to the application of water in the elevator machine room will be
furnished by the electrical contractor. This means shall not be self -resetting. Wiring and conduit from life
safety panel or any other monitor station to elevator machine room or suitable connection point in hoistway.
Heat and smoke sensing devices at elevator lobbies on each floor, machine room, and hoistways (where
applicable), with normally open dry contacts terminating at a properly marked terminal in the elevator
controller. A code compliant Life Safety Communication system or suitable dedicated telephone connection to
each elevator controller (must be a dedicated line and monitored 24 hours). Instrument in cab by others.
Emergency power supply with a dry set of contacts which close 20 seconds prior to the transfer from normal
power to emergency power or from emergency power to normal power whether in test mode or normal
operating conditions. Automatic time delay transfer switch and auxiliary contacts with wiring to the designated
elevator controller. Electrical cross connections between elevator machine rooms for emergency power
purposes are to be provided by others. Any governmentally required safety provisions not directly involved for
elevator installation. All painting, except as otherwise specified. Temporary elevator service priorto
completion and acceptance of complete installation. Furnishing, installing and maintaining the required fire
rating of elevator hoistway walls, including the penetration of firewalI by elevator fixture boxes, is not the
responsibility of the elevator contractor. Flooring and/or installation of flooring by others.
Purchaser is to provide a bonded N.E.C. compliant service ground wire, property sized, from the elevator
controllers) to the primary building ground. Remote wiring to outside alarm bell as requested by the National
Safety Code for Elevators and Escalators (ASME A17.1) (where applicable). Cost for additional inspections of
the elevator equipment by code authorities after the initial one fails due to items that are the responsibility of
the contractor, or for assisting others inspecting equipment installed by others.
Purchaser agrees to provide a dry and secure area for storage of the elevator equipment at the time of delivery.
Adequate ingress and egress to this area will also be provided. Any relocation of the equipment as directed by the
MOD OUO2
Agreement for Elevator Modernization. Page 7 of 11
purchaser after its initial delivery will be at purchaser's expense. All existing equipment removed by ThyssenKrupp shall
become the exclusive property of ThyssenKrupp.
It is agreed that in the event asbestos material is knowingly or unknowingly removed or disturbed in any manner at the
job site, Purchaser will monitor our work place. Prior to and during our manning of the job, Purchaser will certify that
asbestos in the environment does not exceed .01 fibers per cc as tested by NIO$H 7400. In the event ThyssenKrupp
employees or those of our subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances,
Purchaser agrees to indemnify, defend, and hold ThyssenKrupp harmless from all damages, claims, suits, expenses,
and payments resulting from such exposure. Removal and disposal of asbestos containing material is the responsibility
of the Purchaser.
PART 8 - SPECIAL CONDITIONS.
Performance of this contract is contingent upon Purchaser furnishing ThyssenKrupp with any necessary permission or
priority required under the terms and condtions of government regulations affecting the acceptance of this order or the
manufacture, delivery or installation of the equipment.
Unless otherwise agreed, it is understood that the work will be performed during regular working hours of the trades
involved. If overtime is mutually agreed upon, an additional charge at our usual rates for such work shall be added to
the contract price.
ThyssenKrupp shall not be responsible in any way for the acts of others or for pro-rata expenses of any nature incurred
by others in or about the building.
Certificates of Workmen's Compensation, Bodily Injury and Property Damage liability Insurance coverage will be
furnished to Purchaser upon request. The premium for any bonds or insurance beyond our standard coverage and
limits will be an addition to the contract price.
Should loss of or damage to our materials, tools or work occur at the job site, Purchaser shall compensate
ThyssenKrupp, unless such loss or damage results from our own acts or omissions.
If any drawings, illustrations or descriptive matter is fumished with this proposal, they are approximate and are
submitted only to show the general style and arrangement of equipment being offered.
In the event the Purchaser defaults on any payment, or on any other provision of this contract, the unpaid balance of
the purchase price, less the cost of completing the work, as estimated by us, shall immediately become due and
payable.
In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this agreement or to
collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and
reasonable attorney's fees. The Purchaser does hereby waive trial by jury and does further hereby consent that venue of
any proceeding or lawsuit under this agreement shall be in Dallas County, TX.
PART 9 - TERMS AND CONDITIONS.
All work shall be performed in accordance with the latest revised edition (as of the date of this proposal) of the Safety
Code for Elevators, Escalators, and Dumbwaiters, the National Electrical Code, and/or such State and Local Codes as
may be applicable, as well as Company's Work -Not -Included form. Subsequent to the date of this proposal, should
changes be made in any code, or should rulings by any code enforcing authorities extend the application of the code,
the work and materials necessary to make the installation comply with such changes shall be performed as an addition
to the contract price.
Permits, taxes and licenses. All applicable sales and use taxes, permit fees and licenses imposed upon us as an
Elevator Contractor as of the date of this proposal are included in the contract price. The Purchaser agrees to pay, as
an addition to the contract price, the amount of any additional taxes, fees or other charges exacted from the
Purchaser or the Company on account thereof, by any law enacted after the date of this proposal.
MOD 03/02
Agreement for Elevator Modemi¢ation. Page 8 of 11
Acceptance of installation. Upon notice from us that the installation of the elevator has been completed, the Purchaser
will arrange to have present at the installation site, a person duly authorized to make the final inspection and to provide
a written acceptance. The date and time that such person will be present at the site shall be as mutually agreed, but
shall not be more than ten business days after the date of our notice to you, unless we both agree to a certain date
thereafter. Such final inspection and certificate of acceptance shall not be unreasonably delayed or withheld.
Warranty. We warrant the equipment installed by us under this contract against defects in material and workmanship
for a period of one year from the date each elevator is completed and placed in operation. This warranty is in lieu of any
other liability for defects. We make no warranty of merchantability and no warranties which extend beyond the
description in this contract, nor are there any other warranties, expressed or implied, by operation of law or otherwise.
Like any piece of fine machinery, this equipment should be periodically inspected, lubricated, and adjusted by
competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed
to mean that we will provide free service for periodic examination, lubrication, or adjustment due to normal use beyond
that included in the contract, nor will we correct, without a charge, breakage, maladjustments, or other trouble arising
from abuse, misuse, improper or inadequate maintenance, or any other causes beyond our control. In the event of a
claim, you must give us prompt written notice, and provided all payments due under the terms of this contract have
been made in full, we shall, at our own expense, correct any proven defect by repair or replacement. We will not, under
this warranty, reimburse you for cost of work done by others, nor shall we be responsible for the performance of
equipment to which any revisions or alterations have been made by others.
If there is more than one (1) unit in this contract, this section shall apply separately to each unit as completed and
placed in operation.
Title and ownership. We retain title to all equipment supplied by us under this contract, and a security interest therein,
(which, it is agreed, can be removed without material injury to the real property) until all payments under the terms of
this contract, including deferred payments and any extensions thereof, shall have been made in the event of any default
by you in any payment, or under any other provision of this contract, we may take immediate possession of the
equipment and enter upon the premises where it is located (without legal process) and remove such equipment or
portions thereof irrespective of the manner of its attachment to the real estate or the sale, mortgage, or lease of the real
estate Pursuant to the Uniform Commercial Code, at our request, you agree to join with us in executing any financial or
continuation statements which may be appropriate for us to file in public offices in order to perfect our security interest
in such equipment.
ThyssenKrupp Elevator complies with provisions of Executive Orders 11246, 11375, 11758, Section 503 of the
Rehabilitation Act of 1993, Vietnam Era Veteran's Readjustment Act of 1974, 3 8 U. S.C. 4212 and 41 CFR Chapter 60,
ThyssenKrupp Elevator supports Equal Employment Opportunity and Affirmative Actions Compliance programs.
We reserve the right to discontinue our work at any time until payments have been made as agreed, and we have
assurance satisfactory to us that the subsequent payments will be made as they come due. Any payments not paid
when due shall bear interest at legal rate in force at the place of the project.
if after the work has been substantially completed, full completion is materially delayed through no fault of ours, you
shall make such additional payments as may be required to leave outstanding only an amount equal to the value as
estimated by us, based on the contract price, of the uncompleted portion.
ThyssenKrupp Elevator shall not be liable for any loss, damage, or delay caused by acts of government, labor troubles,
strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, acts of God or any cause
beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any damages, nor any consequential,
special or contingent damages. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate
with any delay regarding the aforementioned.
INDEMNITY CLAUSE
Purchaser agrees to fully and completely defend, indemnify and hold harmless ThyssenKrupp Elevator from any and all
claims and lawsuits (whether same is for personal injury, property damage or death of any person) asserted against
ThyssenKrupp Elevator which allege to have a factual or legal basis in the services contemplated by this contract;
regardless of whether such actions arise from the use, operation, repair, installation, or condition of the equipment
which is the subject of this contract or its machine room(s), hatchway(s), or component part(s). Purchaser understands
MOD OUO2
Agreement for Elevator Modernization. Page 9 of 11
and agrees that its obligation to defend, indemnify and hold harmless exist regardless of whether it is alleged or proved
that ThyssenKrupp Elevator is jointly or solely liable under theory of legal fault, including, but not limited to negligence,
gross negligence, strict liability, strict product liability, breach of warranty (whether expressed or implied) or breach of
contract. Purchaser recognizes its obligation under this clause includes payment of all attorney's fees, costs of court
and other expenses of litigation incurred by ThyssenKrupp Elevator, together with any and all damages (including
punitive damages to the extent allowed by law) awarded by court, jury or other competent authority, judgments,
settlements, appeal bonds necessary to suspend judgment pending appeal, interest (pre -judgment and post -judgment)
and attorney's fees awarded to an adverse party arising out of such claims or lawsuits. This indemnification obligation
is the broadest allowed by law.
Purchaser expressly agree to name ThyssenKrupp Elevator as an additional insured in its liability and any excess
(umbrella) liability insurance policy(ies). Such insurance must insure ThyssenKrupp Elevator for those claims or losses
referenced in the above paragraph. You hereby waive the right of subrogation.
Purchaser's acceptance of this agreement will constitute exclusively and entirely the agreement for the service herein
described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged
herein, and no other changes in, or additions to this agreement will be recognized unless made in writing and properly
executed by both parties. Should your acceptance be in the form of a purchase order or similar document, the
provisions, terms and conditions of this agreement will govern in the event of a conflict.
MOD 0=2
Agreement for Elevator Modernization.
PART 10 - PRICES AND TERMS OF PAYMENT.
Page 10 of 11
We propose to furnish and install the equipment covered in this proposal for the net sum of ($4$,057.00) Forty-nine
thousand, fifty-seven and 00/100 dollars ( pricing is per TCPN Contract.
Payment terms:
Contract Amount will be billed based upon mutually agreed upon schedule of values.
Unless otherwise stated, you agree to pay as follows:
Progress payments shall be due not later than the fifteenth day of each month for labor and materials furnished through
the last day of the preceding month. This shall include materials stored at the job site, at our staging facility, or at any
other location you designate at your expense. It shall also include any changes to the contract amount and extra work
orders to the extent completed.
The remainder of the contract amount including changes and extra work orders is due at time of completion and
approval by local authorities, but prior to turnover for your use. If there is more than one unit in this contract, final
payment shall be made separately as each unit is completed.
We reserve the right to discontinue our work at any time unfit payments have been made as agreed, and we have
assurance, satisfactory to us, that the subsequent payments will be made as they become due. A monthly service
charge of 1%% will be due on all amounts not paid within 30 days.
ACCEPTANCE OF PROPOSAL: This proposal is submitted for acceptance within 30 days from date executed by us.
This proposal, when accepted by the Purchaser, shall constitute the contract between us, and all prior representations
or agreements not incorporated herein are superseded. No changes in or addition to this contract will be recognized
unless made in writing and properly executed by both parties.
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Agreement for Elevator Modernization. Page 11 of 11
CITY OF LUBBOCK Company
David A. Miller, Mayor Thyssenkrupp Elevator orpo ti
906 S. Big Spring, PO Box 734
Midland, Texas 79701
ATTEST $
Rebecca Garza City Secretary
AS TO CONTENT
I , Z , --;7 /w /
nt City Manager
APPROVED AS TO FORM
MOD 03102