Loading...
HomeMy WebLinkAboutResolution - 2009-R0228 - Contract - Thyssenkrupp Elevator Inc.- Host Passenger Elevator Modernization - 06/11/2009Resolution No. 2004 RO228 June 11, 2009 Item No. 5.17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9032 for an agreement for a host passenger elevator modernization pursuant to TCPN Contract R4679, by and between the City of Lubbock and Thyssenkrupp Elevator, Inc. of Midland, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11th ATTEST: Rebe4 Garza, City Secretary D AS TO CONTENT: Jamey Loomis, Assistant -City Manager Tra4t)ortation and Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney day of .June , 2009. TOM MARTIN, MAYOR vw/ccdocs/Chad/Resolutions/RES.Contract-Thyssenkrupp Elevator, Inc. -Host June 1, 2009 Agreement for Elevator Modernization. Submitted to: Lubbock International Airport 5401 North Martin Luther King Blvd Lubbock,Texas79403 (Hereinafter Purchaser) By: ThyssenKrupp Elevator 906 South Big Spring Midland, Texas 79701 432 683 1488 Resolution No. 2009-RO228 Contract: 9032 ThyssenKrupp Elevator is pleased to provide the following quotation for elevator modernization at: Date: Lubbock International Airport 5401 North Martin Luther King Blvd. Lubbock, Texas 79403 TCPN #R4679 March 18, 2009 ThyssenKrupp Elevator Agreement for Elevator Modernization. Page 2 of 8 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 03/02 Agreement for Elevator Modernization. 19-11.11 avffti 4 ► 14 11-111111111. Page 3 of S 1.01 This proposal covers the complete modernization of Host Passenger elevator(s) located at 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 furnish 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 Kews. Two (2) keys for each key switch specified will be furnished to the Purchaser. PART 2 - EQUIPMENT AND SUMMARY OF WORK. QUANTITY: 1 POWER SUPPLY: Retained CAPACITY: 2500 LOGIC CONTROL: Simplex SPEED: 150 CAR ENCLOSURE: Retained STOPS: 3 SIGNAL FIXTURES: New OPENINGS: 4 DOORS: Retained/Refurbished CAR SIZE: PLATFORM: Retained ENTRANCES: Retained/Refurbished CLEAR INSIDE: Retained DOOR OPERATION: New Closed Loop TRAVEL: Retained JACK: Retained POWER UNIT: New WIRING: New PART 3 - MODERNIZATION EQUIPMENT FEATURES. 3.01 CAR. Retain the existing Car 3.02 CAR ENCLOSURE. Retain the existing Car Enclosure and install a new metal non-skid floor plate. 3.03 CAR SIGNAL FIXTURES. M00 03102 Agreement for Elevator Modernization. New vandal resistant 3.04 CONTROL & DRIVE SYSTEMS. New TAC 22 CONTROLLER WILL BE FURNISHED AND INSTALLED 3.05 DOORS & ENTRANCES. RETAINED AND REFURBISHED 3.05 HALL SIGNAL FIXTURES. New vandal resistant 3.07 PIT EQUIPMENT. Retained and refurbished 3.08 POWER UNITS & JACKS. A new power unit will be furnished and installed 3.09 WIRING. Complete new wiring PART 4 — INSTALLATION SEQUENCE AND SCHEDULE. Page 4 of 8 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 6 — TESTS. 5.01 Emergency fire service. Perform Phase I and Phase 11 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. PART 6 - CLEAN UP AND PURCHASER INSPECTION. 6.01 Clean up. 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. Moo 03102 Agreement for Elevator Modernization. PART 7 - WORK NOT INCLUDED. Page 5 of 8 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, properly 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 heat to maintain the room at an ambient temperature of 50°F minimum (901 maximum). Adequate supports and foundations to carry the loads of all equipment, including supports for guide rail brackets and machine beams or overhead sheaves (if 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 prior to completion and acceptance of complete installation. Furnishing, installing and maintaining the required fire rating of elevator hoistway walls, including the penetration of firewall 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, properly sized, from the elevator controller(s) 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 purchaser after its initial delivery will be at purchaser's expense. All existing equipment removed by ThyssenKrupp shall become the exclusive property of ThyssenKrupp. 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 conditions of government regulations affecting the acceptance of this order or the manufacture, delivery or installation of the equipment. MOD 03102 Agreement for Elevator Modernization. Page 6 of S 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 furnished 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 Lubbock 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. 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. Warran . 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. MOD 03102 Agreement for Elevator Modernization. Page 7 of 8 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. 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 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. 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. ThyssenKrupp Elevator agrees to name the City of Lubbock as a primary additional insured with a waiver of subrogation with the understanding such coverage provides a defense and indemnity only for actions arising from ThyssenKrupp Elevator's acts, actions, omissions, or neglects but does not provide defense or indemnity for the additional insured(s) own acts, actions, omissions, neglects or for unproven allegations. Moo 03102 Agreement for Elevator Modernization. PART 10 - PRICES AND TERMS OF PAYMENT. Page 8 of 8 We propose to furnish and install the equipment covered in this proposal for the net sum of Eighty Seven Thousand Nine Hundred Eighteen dollars and no cents ($87,918.00). Payment terms: 30% of Contract Amount to accompany signed contract; 70% of Contract Amount will be billed based upon mutually agreed upon schedule of values. Unless otherwise stated, you agree to pay as follows: 50% upon signed acceptance and 50% upon completion. 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 until 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 11/2% 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. MOD 03102 C[TY OF LUBBOCK Mow Tom Martin, Nfayor ATTEST Rebec a Garza, City Secretary AS TO q Director of Aviation APPRO 74? RM Chad Weaver, Assistant City Attorney