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PR 17814: RENEWAL OF CONTRACT FOR ELEVATOR MAINTENANCE
PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Floyd T. Johnson, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUB3ECT P.R. #17814 — Elevator Maintenance Contract DATE 29 July 2013 RECOMMENDATION I recommend that the City Council approve Proposed Resolution No. 17814 authorizing a one - year contract, with the option of renewal for two (2) additional years, with Otis Elevator Company of Beaumont, Texas for maintenance services for the elevators located in City buildings at the BuyBoard pricing of $2,000 per month for the OM service package, for a total annual cost of $24,000 with prices to be adjusted in accordance with the contract between Otis and the International Union of Elevator Constructors. Funds are available in the various departmental accounts. BACKGROUND Purchasing solicited quotes from Otis Elevator Company, the current BuyBoard vendor, for elevator maintenance services as follows: City Hall Unit 1 $420 /mo $5,040 /yr City Hall Unit 2 $420 /mo $5,040 /yr Boardwalk Elevator Tower $220 /mo $2,640/yr Fire Department Central $220 /mo $2,640/yr Health Department $300 /mo $3,600 /yr Water Purification Plant $220 /mo $2,640/yr Sabine Pass Comm. Ctr. $200 /mo $2,400 /yr BUDGETARY /FISCAL EFFECT Billing will be divided among the various departments receiving this service as shown above. STAFFING /EMPLOYEE EFFECT None. SUMMARY I recommend that the City Council approve Proposed Resolution No. 17814 authorizing a one - year contract, with the option of renewal for two (2) additional years, with Otis Elevator Company of Beaumont, Texas for maintenance services for the elevators located in City buildings at the BuyBoard pricing of $2,000 per month for the OM service package, for a total annual cost of $24,000 with prices to be adjusted in accordance with the contract between Otis and the International Union of Elevator Constructors. Funds are available in the various departmental accounts. 1 I - Ross E. Blackketter, P.E. Director of Public Works S:\ engineer\ Documents \Contracts \ElevatorMnx \Otis Contract \CAM13.docx P.R. 17814 07/29/13 reb RESOLUTION NO. A RESOLUTION AUTHORIZING A ONE (1) YEAR CONTRACT, WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL YEARS, WITH OTIS ELEVATOR COMPANY OF BEAUMONT, TEXAS THROUGH BUYBOARD FOR MAINTENANCE SERVICES FOR THE ELEVATORS IN CITY BUILDINGS IN THE AMOUNT OF $2,000 PER MONTH, FOR AN ANNUAL COST OF $24,000. FUNDS ARE AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS. WHEREAS, in Resolution 02 -341, the City of Port Arthur entered into an interlocal agreement for cooperative purchasing with the BuyBoard Cooperative Purchasing Program; and, WHEREAS, Purchasing solicited bids for maintenance of the various elevators in City buildings; and, WHEREAS, since there are no Port Arthur vendors that provide this service, Purchasing solicited quotes from Otis Elevator Company, the current BuyBoard vendor, at the rate of $2,000 per month or $24,000 for the year with prices to be adjusted in accordance with the contract between Otis and the International Union of Elevator Constructors; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the one (1) year contract, with the option of renewal for two (2) additional years, for elevator maintenance services with Otis Elevator Company through Buyboard, (attached as Exhibit "A "), is hereby approved in the amount of $24,000 per year or $2,000 per month with prices to be adjusted in accordance with the contract between Otis and the International Union of Elevator Constructors; and, P.R. 17814 Page 2 THAT, funds for the contract are available in various departmental budgets, with the cost to be shared based on the elevators to be serviced as shown on the pricing schedule; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2013 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Attest: APPROVED AS TO FORM: Sherri Bellard Valecia Tizenr City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: ) l lIG/r4' Floyd T. Johnson Deborah Echols, CPA City Manager Finance Director fee- /1 /1 / 0 Ross E. Blackketter, P.E. Shawna Tubbs, CPPO / Director of Public Works Purchasing Manager S:\ engineer\ Documents \Contracts \ElevatorMnx \Otis Contract \PR17814.docx EXHIBIT A OTIS cin DATE: 07/29/2013 TO: FROM: z City Of Port Arthur Otis Elevator Company P.O. Box 1089 8745 Eastex Frwy Port Arthur, TX 77641 Beaumont, TX 77708 z z EQUIPMENT LOCATION: Michael Frazer 0 Multiple Phone: (409) 899 -5441 rn 444 4th Street Fax:(860) 353 -4260 Port Arthur, TX 77640 PROPOSAL NUMBER: AAZ583 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Machine Number Designation 1 GEARED MOTION CONTROL Health Dept AAN088 ENG. (MCE) 2 GEARED THYSSEN 2 City Hall, 1 City AAN083, AAN084 Hall 1 HYDRAULIC OTIS ELEVATOR Water Plant AAN089 COMPANY 2 HYDRAULIC SCHINDLER Boardwalk, Fire AAN086, AAN087 Department 1 OTHER INDEPENDENT Community Cent AAN090 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment ( "Units ") described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEM We will use the Otis Maintenance Management SystemsM preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS® standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, and adjustment of the following parts: • Controller parts, selectors and dispatching equipment, relays, solid -state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating equipment. © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 1 of 8 • Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, • car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. • Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. • Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. • Motors, brushes, brush holders, and bearings. • Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or Z secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave rn assemblies. Z • Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Z • Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive rn chains. • Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24 -HOUR DISPATCHING We will, at your request, provide you with access to e*Service and our OTISLINE 24 -hour, year -round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on e *Service or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS® program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn. © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal #: AAZ583 Page 2 of 8 REPORTS — e *SERVICE We will use the OMMS® program to record completion of maintenance procedures. We will, at your request, provide ."1 you access to e*Service via Otis.com. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use e*Service. cn SAFETY AND ENVIRONMENT z SAFETY TESTS — TRACTION ELEVATORS m We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and Z perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and 1� counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. ^ As required by Code, or once every five years at a minimum, we will measure the coated steel belts for safety using a ` , method approved by the manufacturer. SAFETY TESTS — HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. FIREFIGHTERS' SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance and functioning of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 3 of 8 For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the • customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM — 4:30 PM. Regular working days: Monday — Friday excluding holidays. Z OVERTIME Callbacks outside of regular working hours will be billed at standard overtime rates. rn z OWNERSHIP AND LICENSES WIRING DIAGRAMS Z You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this ^ Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly rn reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON -OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LYNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 4 of 8 dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, • smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Unites or buried or unexposed hydraulic cylinders or piping and (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured by the original equipment manufacturers, or parts where the original item has been replaced by an item of different 111 design or is replaceable only by fabrication; (vii) to provide reconditioned or used parts; (viii) to make any replacements, Z renewals, or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. Z You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this 0 Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this rn Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims, damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain worker's compensation and employers' liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3 -prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24 -hour OTISLINE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty -four hours after occurrence of any accident in or about the elevator (s) and /or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as CO OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 5 of 8 • police or firemen. Customer agrees that its agents, contractors, employees or representatives shall not attempt to extricate • any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, Cn adverse machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse, or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated Z damages, and not as a penalty, one -half (50 %) of the remaining amount due under this Agreement. m Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement Z will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls ", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: SHINDLER CYLINDER AND PIT EQUIPMENT Due to the cost of replacement parts, Otis will not warranty or repair any cylinder, packing or pit equipment related to the Shindler inverted jack configuration. If there is a need to repair or refurbish this equipment, Otis will provide a stated price for the repairs needed. Term Customer requests that this be a one year contract with two Option years pending Board approval. Customer cannot obligate future council budgets. CONTRACT PRICE AND TERM CONTRACT PRICE Two thousand dollars ($ 2,000.00) per month, payable Annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under Otis 'a contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs. A. Material Two hundred dollars ($ 200.00) of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of "Producer Commodity Prices for Metals and Metal Products" published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the index on 05/01/2013 which was 212.600. © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LYNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 6 of 8 Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all • sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. cn ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All Z prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your rn administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions Z contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. 0 m THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Michael Frazer Title: Territory Manager Accepted in Duplicate CUSTOMER Otis Elevator Company Approved by Authorized Representative Approved by Authorized Representative Date: Date: Signed: Signed: Print Name: Floyd T. Johnson Print Name: Frank Smith Title City Manager Title - E -mail: floyd.johnson@portarthur.net Name of Company City of Port Arthur ❑ Principal, Owner or Authorized Representative of Principal or Owner ❑ Agent: (Name of Principal or Owner) © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT -OM (01/30/13) Proposal #: AAZ583 Page 8 of 8