el paso county legal review form kk-09-170 · pdf filewith necessary field diagnostic and...

maguilar\H:\Contracts\KONE 09-1001F K09170.doc\1-58

From: Art Provenghi Sent: Friday, October 09, 2009 5:31 PM To: Monique Aguilar Subject: Contract Review Form KK-09-170-Elevator Maintenance Agreement-KONE Inc.

EL PASO COUNTY LEGAL REVIEW FORM

KK-09-170 Contract Description: Facilities Management-Elevator Maintenance Agreement-El Paso County Parking Garage # 2 -201 S. Campbell-KONE Inc. COUNTY ATTORNEY ACTION** **Requested Amendments/Clarifications: Please list any questions or comments you have regarding the terms of the contract, as well as any specific provisions to which you object, or which you want to have changed. _____X___ Approved as to Form as Submitted _________ Approved as to Form with Amendments/Modifications/Reservations Noted Below* _________ Not Approved *1) This document has been given legal review by the El Paso County Attorney’s Office on behalf of the County of El Paso, its officers, and employees. Said legal review should not be relied upon by any person or entity other than the County of El Paso, its officers, and employees. Art Provenghi Assistant County Attorney Date: October 9, 2009


This contract/agreement by and between County of El Paso, (County) and KONE Inc. (KONE) is for Complete Maintenance for the vertical transportation located at El Paso County Parking Garage. KONE and County, in consideration of the terms, covenants & conditions set forth, hereby agree as follows: PERFORMANCE: KONE SHALL PROVIDE THE FOLLOWING SERVICES; KONE will systematically examine, maintain, adjust and lubricate the equipment. In addition, unless specifically excluded elsewhere, KONE will repair or replace the following if the repair or replacement is, in KONE's judgment, necessitated by normal wear and tear. All work under this contract shall be performed in accordance with the requirements and specifications stated in RFP 09-007. This contract includes the specifications and all responses thereto provided by KONE for El Paso County RFP 09-007, all of which are hereby incorporated herein by reference and made a part hereof. All communication, verbal or written, shall be directed to the Facilities Manager or his designee throughout the term of the entire contract. KONE shall designate and assign at least one (1) qualified elevator maintenance technician who will act as the primary technician for the location specified in this RFP. The technician shall be experienced with equipment specified in RFP 09-007 and shall provide continual repair, testing, inspections, and preventative maintenance at regular intervals in accordance with the Texas Department of

Licensing and Regulations, ANSI, EEE, ADA, and Texas Accessibility Standards. All personnel shall be qualified to keep equipment properly adjusted and use all reasonable care to maintain the elevators in a clean, proper and safe operating condition. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of RFP 09-007 specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. CONTRACT PRICE KONE in consideration of $1,500.00 (ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS) payable by County quarterly in advance (equivalent to $500.00/month), hereby agrees to furnish services herein described on the equipment within the agreement. Hourly Rate for All Charges Not Covered Under Contract $197.00 Per Hour.

$3.28 1 Minute

PLUS (COMPLETE MAINTENANCE) AGREEMENT FOR

VERTICAL TRANSPORTATION

PURCHASER (EQUIPMENT OWNER): County of EL PASO COUNTY 500 E. San Antonio

El Paso, Texas 79901

SERVICE LOCATION: El Paso County Parking Garage

201 South Campbell El Paso, Texas 79901

EQUIPMENT DESCRIPTION

Make Model Freight Passenger Escalator Walk Other Traction Hydraulic Traction Hydraulic Microprocessor TWO


$49.25 15 Minute $98.50 30 Minute

TRACTION ELEVATORS

• MICROPROCESSOR TRACTION ELEVATOR SYSTEM COMPONENTS

CONTROL SYSTEM Controllers, motor starters, dispatcher and relay panels, contacts, transformers, solid state components, isolation transformers, dynamic braking resistors and armature filters. KONE First Service technicians will be equipped with necessary field diagnostic and service tools. Microprocessor software examinations will be conducted to ensure dispatching and motion control systems are operating at proper levels. GEARED/GEARLESS MACHINES Brushes, worms, gears, thrusts, bearings, brake magnet coils, brake shoes, brake linings, deflector sheaves, secondary and other sheaves, bearings and assemblies, rotating elements, pins. ELECTRICAL Electrical wiring, conduit, ducts, and traveling cables from the elevator equipment to the machine room mainline disconnect switch, and hoistway outlets. Any changes to meet County needs shall be expeditiously made, however, no changes to existing circuits, wiring sequencing or other alterations to original circuit design, except as approved in writing by the El Paso County representative, may be made. All changes shall be recorded on existing wiring diagrams and one (1) set of the complete, corrected wiring diagrams shall be provided to the designated El Paso County representative. HOISTWAY AND PIT EQUIPMENT Landing and slowdown switches, limits, car and counterweight buffers, overspeed governors, governor tension sheave assemblies and car counterweight safeties. KONE shall provide necessary cleaning materials and must keep hoist-ways, machine rooms and pits clean. Drip pans shall also be provided as needed, along with approved metal waste cans, with covers, in each machine room. KONE shall properly dispose of all waste material appropriately in accordance with MSDS and any applicable environmental laws pertaining to hazardous chemicals. RAILS AND GUIDES Guide rails, guide shoe gibs and rollers. Guide rails

will be properly lubricated, except where roller guides are used. HOIST ROPES Hoist ropes will be properly lubricated and adjusted for equalized tension. KONE shall provide replacement of all wire ropes as often as necessary to maintain adequate safety factors, equalize tension, and also repair/replace traveling cables and lubricate all hoisting ropes with lubricant compounded to OEM specifications,

DOOR EQUIPMENT Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs and auxiliary door closing devices. KONE shall provide the following assurances:

• that the start of door close until fully open at next floor based on 12'-0" floor heights is:

A. 10.0 seconds for gearless elevators, B. 11.0 seconds for geared variable

voltage elevators, C. 14.0 seconds for hydraulic passenger

elevators, 100 FPM or above,

• assurance that the door close time complies with ASME Code Rule 112.4A,

• assurance that the delayed door close time complies with ASME Code Rule 112.4a.,

• assurance of leveling at +/- 1/2" under any load condition, 1/4" on micro-processor controls,

• assurance that the door thrust does not exceed 30 pounds.

SIGNALS AND ACCESSORIES Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, lobby control panels, car operating panels, fireman's service equipment and all other signal and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's systematic examinations. Service requests related to re-lamping of signal fixtures will be considered billable.


HOUSEKEEPING KONE has the sole responsibility to clean elevator machine rooms, pit areas, hoistway equipment including rails, interlocks, hoistway door hangers and tracks, relating devices, switches, buffers and car tops. KONE shall provide necessary cleaning materials and must keep hoist-ways, machine rooms and pits clean. Drip pans shall also be provided as needed, along with approved metal waste cans, with covers, in each machine room. KONE shall properly dispose of all waste material appropriately in accordance with MSDS and any applicable environmental laws pertaining to hazardous chemicals. LUBRICANTS KONE will use lubricants compounded under OEM's specifications or equal. KONE shall also conduct regular and systematic examination, adjustment, lubrication as required, cleaning, repair, and replacement of parts and/or components as conditions warrant.

RECORD KEEPING KONE shall maintain an accurate log of all work performed including routine maintenance, repairs, service calls, problem resolutions, part replacements, preventative maintenance, and any other repair or maintenance service provided by KONE in accordance with TDLR and ASME regulations relevant to elevators. KONE must provide a compliant log book, at no additional expense to the County, and keep complete and accurate records as required by law. The log book shall document all weekly, monthly, quarterly, and yearly inspections as appropriate. One log book must be kept for each individual elevator and the log book must be kept in the elevator equipment room with the elevator unit it pertains to at all times. The log book shall remain the property of the County of El Paso and must be submitted to the County, in its entirety, upon termination of the contract. TRAFFIC ANALYSIS The County of El Paso may request an elevator/passenger traffic analysis, not more than once per contract year, that is indicative of elevator performance and average wait times for hall calls. HOURS OF SERVICE All work covered under this Agreement is to be performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. KONE shall respond to requests for services within three (3) hours during normal business hours when elevators are not operable and within one (1) hour if

entrapment is reported. Twenty-four (24) hour emergency call back service is required if two (2) elevators are inoperable at the same time, or verified report of entrapment. KONE SERVICE CENTER The KONE Service Center is available 24-hours a day, seven days a week to respond to all calls and dispatch a service technician if necessary. In the unlikely event of an entrapment, a highest priority response will be given. If your unit is equipped with remote monitoring capabilities, KONE reserves the right to utilize this functionality and the phone line for the unit to collect data related to the use and operation of your equipment. SERVICE REQUESTS (CALLBACKS) This Agreement covers minor adjustment service requests during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. If County should require, at any time, service requests (unless included above) to be made on overtime, County will be charged only for the difference between KONE's regular hourly billing rate and KONE's regular overtime billing rate applicable for each overtime hour worked. Only designated representatives of the Facilities Management Department may authorize overtime. Any problems reported by other County departments, individuals, or outside entities, including Fire Department, Sheriff Department, Police Department, etc., are not authorized unless there is an entrapment reported. The County of El Paso will not be responsible for any charges for expenses when responding to calls reported by any other entities if it is determined the call was fraudulent, prank, vandalism, or otherwise determined to be a “nuisance”. If overtime charges apply, KONE shall state specifically on the call ticket at the time of service the number of persons and the number of overtime hours attributed to each person. Any additional charge(s) must be stated and itemized on the service call ticket at the time of service. County will also be charged for travel time to and from project location.

$3.28 1 Minute $49.25 15 Minute


$98.50 30 Minute Service requests are defined as minor adjustments, corrections or emergency entrapments that require immediate attention and are not caused by reasons beyond KONE's control. Service requests do not include work that requires more than one technician or more than two hours to complete. TESTS KONE will perform the following tests on the equipment: TRACTION ELEVATOR KONE shall conduct any and all tests or adjustments in compliance with all applicable local, state, and federal laws, regulations, and ordinances. The County shall pay expenses for the annual inspection and five-year inspection, however, the County shall not be responsible for any expenses incurred by KONE to witness, test, or otherwise provide support to the inspector or inspection process. Testing includes, but is not limited to: 1. Monthly: Fireman's Service Phase 1 & 2 and

emergency car light with alarm and maintain a record on each unit for testing. Copies of all test results shall be provided to the El Paso County representative;

2. Annually: test all hydraulic elevator check relief

valves and flexible hose fittings as required by A17.1 Safety Code for Elevators and Escalators, as applicable;

3. Annually: examine and test all existing traction

elevators, safety devices, and governors, as required by A17.1, as applicable;

4. Five (5) Years: full load and test all existing

traction elevators, safety devices, and governors, as required by A17.1.

INSPECTIONS El Paso County will provide KONE with a copy of annual/5-year elevator inspection reports upon receipt. KONE MUST provide written acknowledgement of any and all discrepancies noted on the inspection report within 48 hours upon receipt, and must furnish adequate correction of the discrepancy, or a bonafide quote to correct the discrepancy, within 30 days. If a quote for correction is appropriate, KONE MUST complete the correction within 30 days upon receipt of the

purchase order for the correction as furnished by the County. EXCLUSIONS KONE assumes no responsibility for the following items or services, which are excluded from the Agreement: ELEVATOR Refinishing, repairing, replacement or cleaning of car enclosure, gates and/or door panels, door pull straps, hoistway enclosure, rail alignment, hoistway doors, door frames, sills, hoistway gates, finished flooring, power feeders, switches, their wiring and fusing, car light diffusers, ceiling assemblies and attachments, smoke or heat sensors, fireman's phone devices, intercoms, music systems, media displays, card-readers or other security systems, light tubes and bulbs, pit pumps, emergency power generators, hydraulic cylinder, unexposed piping, disposal of or clean-up of waste oil or any contamination caused by leaks in the hydraulic cylinder or unexposed piping. GENERAL KONE shall not be obligated to: make safety tests other than those specified herein; make changes or adjustments required by retroactive code changes; perform tests or correct outstanding violations or deficiency lists cited by code authorities or any third party agency prior to the effective date of this agreement; make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, war, acts of government, labor disputes, strikes, lockouts or tampering with the elevator equipment by unauthorized personnel; make repairs or renewals for damage or deterioration caused by UV rays; make renewals or repairs necessitated by negligence or misuse of the equipment or any other cause beyond its control except ordinary wear and tear. KONE will maintain the equipment performance and its components to the operating condition at the effective date of this agreement. The County of El Paso will attempt to verify, to the best of its ability, that an elevator is inoperable due to a valid maintenance problem prior to reporting


the problem to KONE. If upon arrival, KONE finds the elevator running or inoperable due to conditions in which the KONE deems to be a “nuisance” not covered under contract, KONE must immediately contact the Facilities Management Department prior to performing any test or service to the elevator so that the County may witness the “nuisance” problem determination. Failure to notify the Facilities Management Department prior to correction of a problem deemed to be a “nuisance” will not be eligible for additional charges for service. “Nuisance Calls” shall be billed as a flat rate, not to exceed one hour, as it is assumed that if the call qualifies as a “nuisance”, it requires no correction by the Elevator Technician and therefore should not incur more than one hour of compensable time on the part of KONE. If the Elevator Technician arrives to a call, determined to be a “nuisance” and the Elevator Technician chooses to perform other maintenance or preventative tasks while they are on-site, the County shall not be billed, as it will be assumed these services are covered under the maintenance agreement. Obsolete items are excluded from this agreement. Obsolete items and the labor to replace them will be at the owner's expense. Obsolete items (including, but not limited to, assemblies, parts, components or systems) are defined as follows: An item for which the original design is no longer regularly manufactured by the OEM or the original item has been replaced with an item of different design. No exception to this exclusion will be made for items defined as obsolete above simply because they can be custom made or acquired at any price. Any modifications to existing equipment necessary to accommodate replacement components will also be at the owner's expense. KONE will not be required to furnish reconditioned or used parts. . COUNTY ASSURANCES County agrees to: furnish KONE with a list of authorized personnel responsible for building operations; Only these designated representatives of the Facilities Management Department listed below may authorize overtime. Any problems reported by other County departments, individuals, or outside entities, including Fire Department, Sheriff Department, Police Department, etc., are not authorized unless there is an entrapment reported. The County of El Paso will not be responsible for any charges for expenses when responding to calls reported by any other entities if it is determined the call was

fraudulent, prank, vandalism, or otherwise determined to be a “nuisance”.

Facilities Manager Asst. Facilities Manager Executive Assistant El Paso County Facilities Management 500 E. San Antonio Street El Paso, Texas 79901 Telephone: (915) 546-2009 Facsimile: (915) 543 3820

County agrees to : provide KONE with a complete set of as-built wiring diagrams; to shut down the equipment and notify KONE for repair, in the event that the equipment is not functioning properly; notify KONE in the event of any injury or accident in or about the equipment included in this agreement (verbal notification must be provided immediately and written notification must be provided within seven days); if required and not specifically included elsewhere herein; annually maintain the mainline disconnect switch by a certified electrician and repair as necessary; provide safe access to the equipment and machine room areas for service and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; provide a safe workplace for KONE personnel; contact KONE immediately if you are ever less than very satisfied with KONE's performance. County shall not permit anyone other than KONE to make repairs, additions, modifications, upgrades or adjustments to the equipment covered herein during the term of the agreement. CONTRACT TERM The service specified will be furnished from the effective date stated herein, and shall continue for a term of FIVE (5) years, and will not automatically renew. The contract shall automatically convert to a month- to- month agreement with the then current pricing should the contract expire, or before the subsequent bidding process is complete. Either party may terminate this Agreement without cause by giving thirty (30) days written notice to terminate. Kone shall cease to incur costs associated with this Agreement upon receipt of written notice to terminate. Kone may terminate this Agreement without notice immediately in the event the County fails to comply with any provision of this Agreement.


Kone shall cease to incur costs associated with this Agreement upon termination or written receipt by El Paso County of notice to terminate, whichever occurs first. The County may terminate this Agreement immediately in the event Kone fails to comply with any provisions of this Agreement. Such right of termination is in addition to, and not in lieu of any other remedies which El Paso County may have in law or equity. Failure to comply by Kone may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to El Paso County's satisfaction and/or to meet all other obligations and requirements. Kone shall cease to incur all costs associated with this Agreement upon termination or receipt of written notice to terminate, whichever occurs first. PRICE ADJUSTMENTS The contract price shall be adjusted on October 1, 2010, and annually each October 1 thereafter of the contract term. Each annual increase shall not exceed 4.75 percent of the previous year’s contract price. PAYMENT TERMS KONE shall submit an original invoice to the Facilities Management Department in a timely manner and allow 30 days for payment upon receipt of the invoice pursuant to the Texas Prompt Pay Act. Invoices must be itemized. Any invoice which cannot be verified by the contract price and/or is otherwise incorrect will be returned to Kone for correction. Contracts are paid on a monthly basis only. If KONE submits quarterly billing, the invoice will be processed for payment in the last week of the last month of the quarter. PERFORMANCE CLAUSE, County may, at any time and at County's expense, call for an independent elevator consulting firm to evaluate KONE's performance within the scope of this contract. El Paso County may inspect and test, at its convenience, any elevator and/or related equipment to ascertain the contract requirements are being fulfilled. Deficiencies shall be expeditiously corrected. Failure to begin correction of any deficiency within two (2) working days of notification will be justification for El Paso County to deduct from the monthly billing a pro-rated per-diem cost based on the monthly billing price. It is understood that the repair itself may take longer than two (2) working

days, however KONE must notify the Facilities Management Department in writing of the reason and the anticipated downtime. El Paso County may utilize a consultant to determine the condition of elevators and/or related equipment at any time, and require the KONE to correct any and all deficiencies within a reasonable time as mutually agreed to by El Paso County and Kone. All El Paso County equipment, updated wiring diagrams, manuals, etc must be returned to El Paso County prior to expiration or termination of contract. TAX El Paso County is a tax exempt governmental entity and its’ Tax Identification Number is 746000762.

OBLIGATIONS OF THE PARTIES

KONE shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of KONE. These requirements do not establish limits of the KONE's liability. Upon request, certified copies of original insurance policies shall be furnished to El Paso County. The County reserves the right to require additional insurance should it be deemed necessary. A. Workers' Compensation (with Waiver of

subrogation to El Paso County) Employer's Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements, if applicable to the Project. Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000 policy limit $100,000 each employee. El Paso County shall be named as "additional insured" on workers’ compensation policy.

B. Commercial General Liability Occurrence

Form including, but not limited to, Premises and Operations, Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, cratering and underground damage.

$300,000 each occurrence Limit Bodily Injury

and Property Damage Combined $300,000 Products-Completed Operations Aggregate Limit $500,000 Per Job Aggregate $300,000 Personal and Advertising Injury Limit. El Paso


County shall be named as "additional insured" on commercial general liability policy.

C. Automobile Liability Coverage: $300,000 Combined Liability Limits. Bodily

Injury and Property Damage Combined. El Paso County shall be named as "additional insured" on automobile policy.

Neither KONE nor its affiliates shall be liable for any loss, damage, detention or delay caused by accidents, strikes, lockouts, material shortages or by any other cause which is beyond its reasonable control, or in any event, for incidental or consequential damages. KONE shall not be liable for any work, service or material other than that specifically mentioned herein. KONE will not be liable for any indirect, consequential, or special damages including but not limited to fines, penalties, loss of profits, goodwill, business or loss of use of equipment or property. ADDITIONAL TERM This Agreement along with the requirements, specifications and responses thereto provided by Kone in response to El Paso County RFP 09-007, all of which are hereby incorporated herein by reference and made a part hereof, shall constitute, exclusively and entirely, the agreement for the service described herein. VENUE This contract has been entered into and will be performed in the County of El Paso, State of Texas, and shall be governed by the laws of the State of Texas. Venue shall be in El Paso County, Texas INDEPENDENT CONTRACTOR Nothing in this contract shall be construed as creating an employer and employee relationship between the County of El Paso and Kone. AVAILABILITY OF FUNDING Kone acknowledges that El Paso County is a political subdivision of the State of Texas, and as such adopts its budget according to the laws of the State of Texas for a fiscal period of one year beginning on October 1st and terminating on September 30th of each year. In the event that El Paso County does not intend to include sufficient

funds in its next fiscal budget in any fiscal year during the term of this contract, for the payment of its obligations thereunder, El Paso County may terminate this contract without penalty or further payment or obligation, upon 30 days written notice to Kone, to be effective on September 30th of the then current fiscal year. ASSIGNMENT OR SUBLETTING Kone shall not assign or sublet this contract without prior written consent of El Paso County.


INSERT WIRE-BOUND MANUAL

KONE TECHNICIAN’S GUIDE

KONE MAINTENANCE METHOD

el paso county legal review form kk-09-170 · pdf filewith necessary field diagnostic and...

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