HomeMy WebLinkAboutAgreement A-20-035 with ThyssenKrupp Elevator Corp..pdfAgreement No . 20-035
1 AGREEMENT
2
3 THIS AGREEMENT is made and entered into this 21st day of January, 2020, by and between
4 COUNTY OF FRESNO, a political subdivision of the State of California , ("COUNTY"), and ThyssenKrupp
5 Elevator Corporation , a Delaware corporation , whose address is 3100 Interstate N Circle SE, Atlanta , GA
6 30339, ("CONTRACTOR").
7 WI TN ES S ETH :
8 WHEREAS , COUNTY owns a variety of multistory buildings with elevators that require servicing ,
9 maintenance , and other repairs ;
10 WHEREAS , CONTRACTOR is engaged in the business of servicing and repairing elevators and
11 other vertical transportation Equipment;
12 WHEREAS, National Cooperative Purchasing Alliance (NCPA) issued a Request for Proposal in
13 June 2016 , and awarded Contract No. 02-43 to CONTRACTOR; and
14 WHEREAS , COUNTY's Purchasing Manual allows for COUNTY to utilize contracts that have been
15 competitively bid by other agencies, including NCPA.
16 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
17 contained , the parties hereto agree as follows:
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1. OBLIGATIONS OF CONTRACTOR
A. Performance
CONTRACTOR will provide the services and/or scope of work applicable to all
vertical transportation Equipment described in this Agreement (the "Equipment") as
described in Exhibit A , attached and incorporated by this reference on the terms and
conditions set forth in this Agreement. The details regarding the services and the scope o
work CONTRACTOR shall provide to COUNTY under this Agreement , (the "Services ")
are described in Exhibit B, which is attached and incorporated by this reference . The term
"Property " herein will refer to the real property of COUNTY on which the Equipment is
located . CONTRACTOR will use trained personnel directly employed and supervised by
CONTRACTOR or sub-contractors . They will be qualified to keep COUNTY 's Equipment
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properly adjusted, and they will use all reasonable care to maintain that Equipment in
proper operating condition. CONTRACTOR will regularly and systematically examine,
adjust and lubricate as required, and, in CONTRACTOR’s sole opinion, if conditions
warrant, CONTRACTOR will repair or replace all Equipment parts and devices not
specifically excluded by this Agreement.
The Services shall be performed in a diligent and first-class manner, with quality
supplies, materials, equipment and workmanship, and in such a manner as to minimize
the possibility of any annoyance, interference, or disruption to tenants or other occupants
of the Property and their invitees. Upon completion of the Services, CONTRACTOR shall
restore the Property to its original condition, shall remove from the Property any waste
materials resulting from the Services, and shall leave the Property clean and free of all
tools, equipment, waste materials and rubbish.
CONTRACTOR will service COUNTY’s Equipment and its component parts in
their present condition with the understanding that CONTRACTOR shall neither be
required nor obligated to service, make renewals or repairs upon the Equipment by
reason of negligence, obsolescence, misuse of the Equipment, loss of power, blown
fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water
damage, storm, lightning, nuisance calls or by any other reason or any other cause
beyond CONTRACTOR’s control, except ordinary wear and tear from the
commencement date of this Agreement. With the passage of time, Equipment technology
and designs will change. If any part or component of any Equipment described in a NFA
cannot, in CONTRACTOR’s sole opinion, be safely repaired, and is no longer stocked
and readily available from either the original Equipment manufacturer or an aftermarket
source, that part or component shall be considered obsolete. COUNTY will be
responsible for all charges associated with replacing that obsolete part or component, as
well as all charges required to ensure that the remainder of the Equipment is functionally
compatible with that replacement part or component. In addition, CONTRACTOR will not
be required to make any changes or recommendations in the existing design or function
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of the unit(s), nor will CONTRACTOR be obligated to install new attachments or parts
upon the Equipment as recommended or directed by insurance companies,
governmental agencies or authorities, or any other third party. Any work not specifically
covered under this Agreement shall be at COUNTY’s sole expense.
CONTRACTOR may propose changes to the Services by informing the COUNTY
in writing. To be binding, such changes must be approved by authorized representatives
of both parties in writing. The parties may also, at any time, agree to add new Services at
agreed prices to be covered by this Agreement. To be binding, such additions must be
approved by corresponding authorized representatives of both parties in writing. At that
time this Agreement would be amended by mutual written agreement of both parties. The
Director of Internal Services/Chief Information Officer or his/her designee may approve
these amendments to Exhibit A or Exhibit B, provided the Agreement payment limit would
not be able to be amended in this manner by the Director of Internal Services/Chief
Information Officer.
B. Pledge of Satisfaction
1) In the event that COUNTY elects to undertake an audit of the service
provided under this Agreement, COUNTY shall notify CONTRACTOR in writing of
such audit at least ten (10) business days in advance. If any non-compliance is
identified in writing to the CONTRACTOR at the address set forth in this
Agreement, whether pursuant to an audit or under any other circumstances,
CONTRACTOR shall remedy such non-compliance within thirty (30) days
thereafter.
2) COUNTY and CONTRACTOR shall appoint appropriate personnel to meet
regularly at local and global levels, and at such intervals as is deemed necessary to
enable the parties to discuss and review the performance of both parties of their
respective obligations under this Agreement. The reviews will take place in order to:
a. Monitor the effectiveness and efficiency with which this
Agreement is being implemented;
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b. Agree to mutual objectives and timescales;
c. Assess the overall performance of this Agreement by each
party;
d. Review business implications, targets and risks;
e. Review whether this Agreement is being conducted in the spirit
it was intended; and
f. Assess, under this review process, the need to amend or
update the performance criteria included in this Agreement.
C. By Highly Trained Service Provider Professionals
CONTRACTOR employs and supervises elevator technicians who are among the most
trusted in the industry, and who will provide all maintenance courteously and dependably.
CONTRACTOR’s elevator technicians receive ongoing training in general equipment
development, as well as advancements made to COUNTY’s specific Equipment.
D. Assurance of CONTRACTOR’s Standard of Quality
To help increase elevator performance and decrease downtime, CONTRACTOR’s
technicians utilize the latest industry methods and technology available to CONTRACTOR
for COUNTY’s specific brand of Equipment. They will be equipped with the tools,
documentation and knowledge to troubleshoot COUNTY’s unique system.
Behind CONTRACTOR’s technicians is a team devoted to elevator excellence. Technicians
are supported around the clock by a family of engineers and field support experts.
CONTRACTOR’s International Technical Support facility in Texas continuously researches
advancements in the industry and in COUNTY’s Equipment.
E. Excusable Delays
CONTRACTOR shall not be liable for delay in performing or for failure to perform its
obligations under this Agreement or any location requirement if such delay or failure results
from any of the following causes: (i) Acts of God, (ii) the act of any government or authority
(including the denial or cancellation of any export license or other necessary license), (iii) the
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outbreak of wars, terrorism, insurrections, (iv) fire, explosion, flood, or (v) and strike, lock-out
or other industrial action which is beyond CONTRACTOR’s control.
2. OBLIGATIONS OF COUNTY
A. Product Information: COUNTY agrees to provide CONTRACTOR with current
wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for
the Equipment covered by this Agreement. COUNTY agrees to authorize CONTRACTOR
to produce single copies of any programmable device(s) used in the Equipment for the
purpose of archival back up of the software embodied therein. These items will remain
COUNTY’s property.
B. Safety: COUNTY agrees to instruct or warn passengers in the proper use of the
Equipment, and to keep the Equipment under continued surveillance by competent
personnel to detect irregularities between elevator examinations. COUNTY agrees to
report immediately any condition that may indicate the need for correction before the next
regular examination. COUNTY agrees to shut down the Equipment immediately upon
manifestation of any irregularities in operation or appearance of the Equipment, notifying
CONTRACTOR at the address and phone number listed on any fully executed
Agreement at once, and written notice within ten (10) days after any occurrence or
accident in or about the elevator. To the extent that it is practically possible, COUNTY
agrees to provide CONTRACTOR’s personnel a safe place in which to work.
CONTRACTOR reserves the right to discontinue work in the building whenever, in
CONTRACTOR’s sole opinion, CONTRACTOR’s personnel do not have a safe place in
which to work. COUNTY agrees to provide a suitable machine room including secured
doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature
of 50°F minimum to 90°F maximum. COUNTY also agrees to maintain the elevator pit in
a dry condition at all times. Should water or other liquids become present, COUNTY shall
ensure the removal and the proper handling of such liquids.
C. Other: COUNTY agrees not to permit others to make alterations, additions,
adjustment, or repairs or replace any component or part of Equipment during the term of
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any fully executed Agreement. COUNTY agrees to accept CONTRACTOR’s judgment
as to the means and methods to be employed for any corrective work under this
agreement. In the event of the sale, lease or other transfer of the elevator(s) or
Equipment described in any fully executed Agreement, or the premises in which they are
located, COUNTY agrees to see that such successor is made aware of that Agreement,
and assumes and agrees to be bound by the terms of those documents for the balance of
the Agreement, and subject to termination herein provided, or otherwise be liable for the
full unpaid balance due for the full unexpired term of the Agreement.
D. Items Not Covered: CONTRACTOR does not cover cosmetic, construction, or
ancillary components of the elevator system, including the finishing, repairing or
replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door
panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs
and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator
jack outer casing, buried piping, alignment of elevator guide rails, smoke and fire
sensors, fire service reports, intercommunication devices, security systems not installed
by CONTRACTOR, batteries for emergency lighting and lowering, air conditioners,
heaters, ventilation fans and all other items as set forth and excluded in this Agreement.
E. Exclusivity: This Agreement is an exclusive frame agreement, which means that
COUNTY only undertakes to buy the Services, or parts thereof, in regards to the
Equipment at COUNTY locations specified in Exhibit A of this Agreement, from
CONTRACTOR from the date that this Agreement is fully executed, until termination of
this Agreement.
3. TERM
The term of this Agreement shall be for a period of three (3) years, commencing on January 21,
2020, through and including January 20, 2023. This Agreement may be extended for two (2) additional
consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days
prior to the first day of the next twelve (12) month extension period. The Director of Internal Services/Chief
Information Officer or his or her designee is authorized to execute such written approval on behalf of
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COUNTY based on CONTRACTOR’S satisfactory performance.
The term (length of contract) of maintenance agreements (such as this Agreement) signed under
the NCPA Contract may exceed the term of the NCPA Agreement. The terms and conditions of the NCPA
Agreement in effect at the date this Agreement is signed will remain in effect for the duration of this
Agreement.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving CONTRACTOR thirty (30) days advance written notice.
B. Breach of Contract - COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of any breach of this
Agreement or any default which may then exist on the part of CONTRACTOR. Neither shall such payment
impair or prejudice any remedy available to COUNTY with respect to the breach or default. COUNTY shall
have the right to demand of CONTRACTOR the repayment to COUNTY of any funds disbursed to
CONTRACTOR under this Agreement, which in the judgment of COUNTY were not expended in
accordance with the terms of this Agreement. CONTRACTOR shall promptly refund any such funds upon
demand.
5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to receive monthly compensation for elevator maintenance as described in Exhibit
A. In no event shall the compensation paid for these maintenance services for the total initial three-year
term of this Agreement exceed $1,200,000. Upon the execution of the first one-year extension, the
compensation paid for these services shall not exceed $1,600,000. Upon the execution of the second one-
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year extension, the compensation paid for these services shall not exceed $2,000,000. Additionally, County
agrees to pay CONTRACTOR for elevator upgrades and repairs at the labor rates as described in Exhibit
A. These upgrades and repairs must be approved in writing by the Director of Internal Services/Chief
Information Officer or his/her designee. In no event shall compensation paid for these upgrades and repairs
for the total possible five-year term of this Agreement exceed $3,500,000.
CONTRACTOR shall submit monthly invoices in triplicate to COUNTY of Fresno Internal Services
Department at ISDBusinessOffice@FresnoCountyCA.gov.
In no event shall compensation paid for services performed under this Agreement exceed
$5,500,000.00 during the term of this Agreement. It is understood that all expenses incidental to
CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
CONTRACTOR, including any and all of CONTRACTOR'S officers, agents, and employees will at all times
be acting and performing as an independent contractor, and shall act in an independent capacity and not as
an officer, agent, servant, employee, joint venturer, partner, or associate of COUNTY. Furthermore,
COUNTY shall have no right to control or supervise or direct the manner or method by which
CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to COUNTY or to this Agreement.
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7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement
nor their rights or duties under this Agreement without the prior written consent of the other party.
9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement. No party to this Agreement shall
be liable for consequential damages.
The provisions of this Section 9 shall survive termination of this Agreement.
10. INSURANCE
Without limiting COUNTY's right to obtain indemnification from CONTRACTOR or any third parties,
CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies
or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint
Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
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used in connection with this Agreement.
C. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor Code.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
COUNTY of Fresno, its officers, agents, and employees, individually and collectively, as additional insured,
but only insofar as the operations under this Agreement are concerned. Such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein. Further, the additional insured coverage shall only apply
to the extent any damages covered by the policy are determined to be caused by CONTRACTOR’S acts,
actions, omissions or neglects, and in no way to include the acts, actions, omissions or neglects of an
additional insured party. This insurance shall not be cancelled or changed without a minimum of thirty (30)
days advance written notice given to COUNTY.
To the extent any claim is caused by CONTRACTOR’S negligence, CONTRACTOR hereby waives
its right to recover from COUNTY, its officers, agents, and employees any amounts paid by the policy of
worker’s compensation insurance required by this Agreement. CONTRACTOR is solely responsible to
obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation,
but CONTRACTOR’s waiver of subrogation under this paragraph is effective whether or not
CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to COUNTY of Fresno, (Name and Address of the official who will
administer this contract), stating that such insurance coverage have been obtained and are in full force; that
COUNTY of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that for such worker’s compensation insurance CONTRACTOR has waived its right to recover
from COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that
waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names
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COUNTY of Fresno, its officers, agents and employees, individually and collectively, as additional insured,
but only insofar as the operations under this Agreement are concerned; that such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement
upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
11. AUDITS AND INSPECTIONS: CONTRACTOR shall at any time during business hours,
and as often as COUNTY may deem necessary, make available to COUNTY for examination all of its
records and data with respect to the matters covered by this Agreement. CONTRACTOR shall, upon
request by COUNTY, permit COUNTY to audit and inspect all of such records and data necessary to
ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
12. NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO ThyssenKrupp Elevator Corporation
Director of Internal Services/CIO 3100 Interstate N Circle, Suite 500
333 W. Pontiac Way Atlanta GA, 30339
Clovis, CA 93612 Attn: National Accounts – Sales Coordinator
All notices between COUNTY and CONTRACTOR provided for or permitted under this Agreement
must be in writing and delivered either by personal service, by first-class United States mail, by an overnight
commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service
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is effective upon service to the recipient. A notice delivered by first-class United States mail is effective
three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the
recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business
day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery
instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic
facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed
outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next
beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if CONTRACTOR is operating as a corporation (a for-profit or
non-profit corporation) or if during the term of the agreement, CONTRACTOR changes its status to
operate as a corporation.
Members of CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions that
they are a party to while CONTRACTOR is providing goods or performing services under this
agreement. A self-dealing transaction shall mean a transaction to which CONTRACTOR is a party and
in which one or more of its directors has a material financial interest. Members of the Board of Directors
shall disclose any self-dealing transactions that they are a party to by completing and signing a Self-
Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by
reference, and submitting it to COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
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15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement. In the event of any
inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be
resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding
Attachment "1"; (2) Attachment "1".
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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(Authorized Signature)
6 Mark Hintz
VP Contracts 7 1..,_ ___________ _
Print Name & Title
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10 Mailing Address
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FOR ACCOUNTING USE ONLY:
Fund: 1045
Subclass: 10000
ORG: 8935
Account: 7205
COUNTY OF FRESNO
£' -?t-4-~~-~
Ernest BuddyMens,Chairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ~$()yo ~~ ---==.:::....:..:,:,=:.J......>.__;:=D"-'e.,.,p"""u-'ty""'-lp<-----
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Exhibit “A” Property list/Location Contract Type and Price
NCPA Vendor Registered Quotation Number (RQN) : 2019-0759327889
Location Name: Fresno County
Location Address: 333 W Pontiac Way
Clovis, CA 93612
Effective: 1.21.20 – 1.20.25
Unit Count: 45
Contract Type: Platinum Premiere
Contract Price after NCPA Discount $30,555
Billing Frequency: Monthly
Special Billable Labor Rates:
MECH HOURLY RATES MECH OVERTIME MECH DT
YR 1 - 295.00 501.5 590
YR 2 - 310.00 527 620
YR 3 - 325.50 553 650
YR 4 - 342.00 581 684
YR 5 - 359.00 610 718
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Equipment List
BLDG ADDRESS TYPE NICKNAME Final Price After NCPA
Discount
CROCKER 2135 FRESNO ST PASS 1 $495
CROCKER 2135 FRESNO ST PASS 2 $495
N JAIL 1265 M ST PASS 1 $495
N JAIL 1265 M ST PASS 2 $495
N JAIL 1265 M ST PASS 3 $495
N JAIL 1265 M ST PASS 4 VISITOR $495
N JAIL 1265 M ST PASS 5 $350
MAIN JAIL 1225 M ST PASS 1 $1,085
MAIN JAIL 1225 M ST PASS 2 $1,085
MAIN JAIL 1225 M ST PASS 3 $1,085
MAIN JAIL 1225 M ST PASS 4 VISITOR $1,085
SOUTH ANNEX 2204 FRESNO ST PASS KITCHEN 1 $350
SOUTH ANNEX 2204 FRESNO ST PASS KITCHEN 2 $350
SOUTH ANNEX 2204 FRESNO ST PASS 4 $395
SOUTH ANNEX 2204 FRESNO ST PASS 5 $350
SOUTH ANNEX 2204 FRESNO ST PASS 1 $1,085
SOUTH ANNEX 2204 FRESNO ST PASS 2 $1,085
SHERIFF ADMIN 2200 FRESNO ST PASS 1 $999
SHERIFF ADMIN 2200 FRESNO ST PASS 2 $999
PLAZA BLD 2220 TULARE PASS PE 1 $1,250
PLAZA BLD 2220 TULARE PASS PE 2 $1,250
PLAZA BLD 2220 TULARE PASS PE 3 SERVICE $1,250
PLAZA BLD 2220 TULARE PASS PE 4 $1,250
PLAZA BLD 2220 TULARE PASS PE 5 $1,250
PLAZA BLD 2220 TULARE PASS KITCHEN 6 $350
PLAZA BLD 2220 TULARE PASS PE 7 $350
PLAZA BLD 2220 TULARE PASS PARKING 8 $350
PLAZA BLD 2220 TULARE PASS PLAZA WCL $60
HALL OF RECORDS 2281 TULARE PASS PE 1 $999
HALL OF RECORDS 2281 TULARE PASS PE 2 $999
LIBRARY 2420 MARIPOSA ST PASS PE 1 $999
LIBRARY 2420 MARIPOSA ST FRIEGHT FREIGHT $999
LIBRARY 2420 MARIPOSA ST DUMBWAITER DUMBWAITER $80
WELFARE DEPT 311 4455 KINGS
CANYON
PASS PE 1 $350
WELFARE DEPT 311 4455 KINGS
CANYON
DUMBWAITER DUMBWAITER $80
WELFARE DEPT 313 4449 KINGS
CANYON
PASS PE 1 $250
WELFARE DEPT 313 4449 KINGS
CANYON
PASS SERVICE $675
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HEALTH DEPT 1221 FULTON MALL PASS PE 1 $999
HEALTH DEPT 1221 FULTON MALL PASS PE 2 $999
HEALTH DEPT 1221 FULTON MALL PASS PE 3 SERVICE $999
MERCER 1221 FULTON MALL PASS PE 1 $999
HAWC BLDG 1925 E DAKOTA
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PASS PE 1 $315
LATON LIBRARY 6313 E DE WOODY
ST
WCL WCL $60
LAW LIBRARY 1100 VAN NESS WCL WCL $60
KEARNEY PARK 6752 W KEARNEY WCL WCL $60
Total $30,555
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Exhibit B
SCOPE OF WORK
The Scope of Work includes:
• Full Maintenance Program - Fixed Price
• Limited Service Maintenance Program for Designated Equipment – Fixed Price
• Extra Services
I. SERVICE CATEGORIES
A. Full-Service Maintenance Program – Fixed Price
CONTRACTOR shall furnish all labor, material, supplies, services and equipment necessary for
FULL-SERVICE MAINTENANCE service for elevators, dumbwaiters, and special lifting devices for
COUNTY. The extent of service shall include qualified labor, supervision, all parts, tools, equipment, and
cleaning, transportation (when and where required) and establishment and maintenance of records.
Maintenance records shall include repair work performed and parts/materials used. All work performed
shall be patterned after accepted commercial practices for routine elevator maintenance. All services and
maintenance work shall be approved by COUNTY prior to the work being performed. Any work not
specifically mentioned, but which is needed to make the work complete within the intent of these
specifications, shall be performed without additional cost.
CONTRACTOR shall use trained journeyman-level mechanics and helpers directly employed and
supervised by CONTRACTOR. Such employees shall be qualified to keep the Equipment properly
adjusted, and CONTRACTOR will use all reasonable care to maintain the equipment in proper and safe
operating condition, and to extend the life of the Equipment.
Unless specifically exempted, CONTRACTOR is totally responsible for entire Elevator systems in
the buildings.
The primary objectives are to:
• Make the necessary number of inspections required to maintain all elevators in first-class
operating condition at all times.
• Ensure the safe, reliable, and continued operations of all COUNTY elevator Equipment
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• Prevent breakdowns due to worn parts
• Maintain elevators above the point where deterioration begins
CONTRACTOR’s fixed price is for full-service maintenance work on the elevators, to include all per-
diem expenses, testing, adjustments, repairs, lubrication, travel, mileage, etc. Some tasks only apply to
specific types of elevator Equipment. For example, references to inspecting hydraulic fluid would apply to
hydraulic elevators, but not traction elevators.
Full-Service Maintenance shall consist of the following work:
1. Inspections, Cleaning, Lubricating, and Adjustments
Make the necessary number of inspections required to maintain all elevators in first-class operating
condition at all times. The CONTRACTOR is required to provide any necessary service visits to maintain
Equipment in accordance with these specifications.
Inspections shall include regular and systematic examination, adjustment, cleaning and lubrication.
All lubricants, cleaning materials, paint, rags and other related items shall be supplied by CONTRACTOR.
All necessary gear oil and hydraulic fluids shall be of proper grade for the purpose used. Hydraulic fluid
reservoirs will be kept filled to within four (4) inches of the top. Worm gear lubricant shall be replaced
annually. CONTRACTOR shall notify COUNTY immediately of any condition which needs correction
between regular inspection visits.
CONTRACTOR shall furnish lubricants compounded to the manufacturer's rigid specifications.
CONTRACTOR shall change filters, when and where applicable.
2. CONTRACTOR shall supply, clean, repair, and replace all parts as required by wear and tear.
Only parts correctly designed and suitable in all respects shall be used. Only new parts that are
correctly designed and suitable in all respects shall be used, unless authorized in writing by the COUNTY.
If, in the opinion of COUNTY, an unreasonable amount of time is consumed in restoring normal
service because of parts procurement, payment for the month in which service is requested may be
cancelled.
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CONTRACTOR shall provide a locally-available supply of spare parts adequate for said repair
and/or services within a reasonable time. If, in the opinion of COUNTY, the lack of available parts causes
extended down time (24 hours or more), and parts are available from other local sources, COUNTY may, at
its option, instruct CONTRACTOR to purchase the necessary parts locally at no additional cost to
COUNTY.
The following list is representative of parts to be maintained in stock by CONTRACTOR. This list
may not be complete or exhaustive. Other Equipment parts and components which are present in the
elevators and related systems, but are not listed here, are also included. The following list also includes
services required to be performed by CONTRACTOR:
• Auxiliary/Accessory Equipment, including all auxiliary/accessory elevator equipment
installed prior to commencement of this Agreement, unless noted in the exclusions section.
Examples include handicap and earthquake devices.
• Car, including power door operator, door, door protective devices, car fan, car door hangers,
car door contact, load weighing equipment, leveling device and cams, car safety devices,
car guide shoes and car sub flooring, car top operating switches, circulating fans, hoist way
access switches, car top emergency exits, emergency alarm bells, mechanical/electrical
communication, safety mechanisms, sound or special equipment, ventilation system.
• Controller, including relays, resistors, contacts, coils, leads, transformers, control rectifiers,
reactors, filters, heat sinks, amp traps, transducers, fuses, timing devices and solid-state
components.
• Dispatching equipment, including relays, resistors, contacts, coils, leads, fuses,
transformers, timing devices, solid state components and car and operation stations.
• Exterior of machinery, motors, controls and all other parts shall be cleaned, properly
painted, and presentable at all times.
• Elevator Machine Rooms - CONTRACTOR shall maintain in the elevator machine room, all
elevator maintenance records in accordance with the requirements of ASME A17.1, 2004,
Item 8.6.1.4.
• Fixtures: car and hall button stations, master indicator control panels, all signal fixtures
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including contacts, buttons, key switches and locks, lamps and sockets.
Selector lamps and buttons shall be checked and replaced as needed on every service visit.
Chipped or discolored push-buttons or indicators will also be changed.
• Governor: including sheave, bearings, shafts contacts and governor jaws.
• Guide Rails: CONTRACTOR shall keep guide rails clean and properly lubricated, except
that when roller type guides are involved, no rail lubrication shall be used. When necessary,
CONTRACTOR shall renew guide shoe gibs or rollers when worn/cracked, or as required to
ensure smooth and quiet operations. All oil reservoirs shall be kept properly sealed to
prevent leakage. Hoist ways, sill angles, I-beams, rail brackets, car tops and pit areas shall
be kept free of lint, dust and debris at all times.
• Hoist way: including deflector sheave, secondary sheaves, buffers, governor tension
assemblies, guide rails, limit switches, door interlocks, compensating sheave assemblies,
compensating chain or cables, traveling cables, hoist way and machine room wiring, hoist
way door interlocks, hoist way door hangers and gibs and auxiliary closer.
• Hoist way entrance door: Sill areas beyond the entrance frame opening must be cleaned at
each service visit.
• Hoisting Ropes: CONTRACTOR shall examine and equalize tension of all hoisting ropes.
CONTRACTOR shall renew all hoisting and governor ropes when worn or rusted to ensure
an adequate factor of safety. Also, repair and/or replace all electrical wiring and conductors
extending to the equipment from main line switches in machinery rooms and outlets in hoist
ways.
• Hydraulic Fluid: CONTRACTOR shall furnish and maintain hydraulic fluid at proper
operating level. Periodically conduct an inspection of hydraulic fluid to detect contaminants
and assure proper viscosity, make necessary corrections and replace fluid as required.
Furnish hydraulic fluid compounded to the manufacturer's rigid specifications. Clean
excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors.
• Jack Unit: including plunger, guide bearing, packing and packing gland.
• Lubricants: CONTRACTOR shall furnish lubricants compounded to specifications and
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selected to give the best performance.
• Machine: including worm, gear, thrust bearings, drive sheave, sheave shaft bearings, brake
coil, brake linings and components.
• Motor/Motor Generator: including motor windings, bearings, rotating element, commutators,
brushes and brush holders, contacts, relays, resistors, packing.
• Mufflers and muffler components
• Pump Unit: including pump, V-belts, strainers, silencers, springs and gaskets.
• Selector: including electrical or mechanical drive components, cams, contacts, relays,
resistors, leads, transformers and solid state components.
• Telephones: CONTRACTOR shall check and repair telephone instruments, and any
problems shall be reported immediately to COUNTY.
• Valves: including relief valve, pilot, lowering, leveling and checking valves or any of the parts
thereof.
• Wire ropes: Shall be renewed as often as necessary to maintain an adequate factor of
safety and equalize the tension on all hoisting ropes. (Lubricate ropes appropriately and
when necessary remove all residue and accumulated deposits from the rope surface and
shorten ropes and chains as required to provide legal and reasonable bottom clearances.)
• Other: All other signal and operating fixtures, scheduling and accessory devices which are
part of the elevator installation as of the Effective Date of this Agreement.
3. Safety Tests
CONTRACTOR shall periodically examine all safety devices and conduct pressure tests,
Firefighter's Service tests, and all other safety tests recommended or directed by all applicable
governmental authorities (including those required by ANSI A17.1, National Elevator Safety Code or other
applicable codes) in force at the time of the signing of this Agreement. At a minimum, safety tests must be
completed according to the procedures and frequencies prescribed by such regulatory agencies and
witnessed by COUNTY or his/her designee.
CONTRACTOR shall promptly correct any defects that may be found in testing and examining the
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safety devices, and shall send written notice to COUNTY advising of the test, test results, and corrections.
CONTRACTOR shall Calibrate load-weighing devices to COUNTY's selected settings, after annual and, as
applicable.
Required tests include:
• Fire Service Recall Testing
CONTRACTOR shall schedule and coordinate all Fire Service Recall Testing with
COUNTY, for coordination with COUNTY personnel on standby generator operation and fire
alarm testing related to fire service recall.
CONTRACTOR shall periodically examine periodically all safety devices and governors.
• Annual no-load Traction Test Annual Traction/Drum Elevator Safety Test
• CONTRACTOR shall test car and counterweight buffers to determine conformance with the
applicable plunger return requirements of Rule 201.4e. 3128 [Rule 1002.2a]
CONTRACTOR shall test car safety to determine conformance with the applicable requirements of rule 205
and section 1202. 3128 [Rule 1002.2b]
CONTRACTOR shall test the final terminal stopping device to determine conformance with the applicable
requirements of Rule 205 and Section 1202. 3128 [Rule 1002.2e.]
CONTRACTOR shall provide mechanic to standby for testing of fire and other emergency conditions as per
State of California requirements.
CONTRACTOR shall test the seismic device for proper operation.
CONTRACTOR shall test the operation of the elevator standby power conditions to determine conformance
with the applicable requirements of Rule 211.2. 3128 [Rule 1002.2g]
• Five Year Full Load Safety Test
CONTRACTOR shall conduct Five (5) Year full load safety test per ANSI A17.1, and provide and install
required test tags.
If the load test discloses any deficiencies in the operation of the equipment tested which are not covered
under this Agreement, CONTRACTOR shall submit a proposal and estimate to COUNTY to obtain written
approval for work needed to put the specific equipment in proper condition and in compliance with the
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above-mentioned specifications.
4. Maintain guaranteed performance levels.
Operational performance standards for elevators maintained under this Agreement shall be
established by CONTRACTOR and approved by COUNTY. Performance shall be brought up to these
standards and so maintained at all times during this Agreement.
At the start of, and at least annually throughout this Agreement, CONTRACTOR shall submit a
comprehensive report showing actual measurements of operational performances of all elevators.
This report shall be on an approved form, and shall include brake-to-brake times, cycle times, door
open and door close times, door waiting times, ride quality and other pertinent information, as well as
location, number, capacity, speed, type, number of stops, and the name of the person making the report.
COUNTY shall conduct periodic checks of the condition and performance of Equipment. Any
material, labor or readjustment needed to restore equipment to established standards shall be provided by
CONTRACTOR under the terms of this Agreement without additional cost to COUNTY, and in a timely
manner. CONTRACTOR shall also make adjustments in dispatch programming, door speed, waiting times,
etc., to suit building requirements when requested by COUNTY or his/her authorized representative.
Annually, all elevators shall be checked and adjusted, as described herein, by an elevator adjuster,
with a written report submitted to COUNTY. A final report is to be submitted during the final thirty (30) days
of this Agreement. The annual checking/adjusting will include, but not be limited to:
• Using an oscilloscope, adjusting acceleration/deceleration, leveling and other necessary
motor control functions;
• Cleaning and adjusting all brakes;
• Adjusting all load-weighing devices (using test weights);
• Testing and calibration of governors; and
• Thorough evaluation and correction of any problems with signal, dispatch or zoning circuitry.
Required performance measures include:
• Brake-to-Brake Time – Maximum time in seconds for car to travel between typical floors
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from actual start to completion of leveling, regardless of load or travel direction.
• Dispatching Systems – Annually, CONTRACTOR shall check the group dispatching
systems and test as necessary to ensure that all circuits and time settings are properly adjusted and that
the system performs as designed. Additionally, CONTRACTOR shall check to ensure the system is
installed and performing according to the manufacturer’s recommendation or to adjust and maintain revised
settings upon direction of COUNTY.
• Door Open Time - is the maximum time in seconds from the time doors start to open until
doors are fully open. It is measured from the fully-closed door position to a fully-open stopped position.
• Door operation - shall be positive and quiet, with rapid and smooth checking at limits of
travel.
• Door Close Time – is the maximum time in seconds from the time doors start to close until
doors are fully closed. It is measured from the fully-open door position to a fully-closed stopped position.
Door closing pressure shall not exceed 30 pounds.
• Door Dwell Time – Maximum time door remains in the open position before beginning to
close.
• Emergency – At least monthly, the Emergency Fire Service and the Battery-Operated
Emergency Lights and earthquake systems shall be tested, and any defects corrected in a timely manner.
• Leveling Accuracy - as measured from car sill to landing sill at a fully stopped position under
all load conditions.
• Rated Speed - CONTRACTOR shall maintain the Rated Speed in feet per minute,
according to the original performance time, including acceleration and retardation as designed and installed
by the manufacturer. It shall not vary by more than 5%, regardless of direction or load.
• Ride, Acceleration, Deceleration, Stop - CONTRACTOR shall maintain smooth ride quality,
smooth acceleration and deceleration and comfortable stop.
• Safe Conditions - CONTRACTOR shall maintain all equipment in safe condition at all times.
CONTRACTOR shall recommend any changes necessary to maintain this state.
• Start to Stop Time - as measured from the moment the car begins motion till the time it
stops for a single floor run.
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• Miscellaneous - In addition to all of the above specifications, any and all items in the
manufacturer’s literature concerning preventative maintenance and any other pertinent procedures must be
performed according to the manufacturer’s specifications and timelines.
5. Full-Service Maintenance Exclusions:
The following items are not included in the fixed prices quoted for “full-service” maintenance, and
shall be billed at according to the Extra Services provisions of this Agreement:
Maintaining, refinishing, repairing or replacements of:
• Any components of the elevator cab, its floor, floor covering, sills, handrails, ceiling, etc.
• Hydraulic cylinders, casings and concealed hydraulic piping
• Light fixtures and bulbs associated fixtures used for cab illumination
• Main line power switches, breakers and feeders to control equipment
• Smoke and/or heat detectors/sensors
Service calls required due to:
Negligence, accident, vandalism or misuse of the equipment by anyone other than CONTRACTOR,
CONTRACTOR’S employees, subcontractors, servants or agents, or other causes beyond
CONTRACTOR's control, except ordinary wear and tear.
Examples:
• Doors kicked off tracks
• Fire in elevator cab set by vandals and burned car buttons
• Doors knocked off tracks by COUNTY personnel (e.g. furniture movers)
• Car left "keyed off" or left on "independent" by building personnel, movers or security
guards.
• Safety tripped elevator off due to someone jumping up and down in the elevator.
• Debris in car or hall door sill tracks.
• Foreign objects caught or wedged under car or hall doors such as carpet tacks, small rocks
and coins.
Any extra charge associated with CONTRACTOR’s claim of negligence, accident, vandalism or
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misuse must be verified and approved by COUNTY in writing prior to the repair of the Equipment, or
payment may be withheld.
Other Exclusions
• Retrieval of occupant or visitor keys dropped in the pit
• Flooded machine room, top of car, or pit
• Elevator out of service due to verified electrical outage or other electrical problem for which
COUNTY is responsible.
• Elevator telephones not working
• Changes in design and construction mandated by changes in law or code
B. Limited Service Maintenance
A number of COUNTY elevators, identified herein, are in buildings that are currently vacant. In
those facilities, COUNTY wishes to provide the minimal services necessary to keep the elevators
operational and permits activated.
“Limited Service" shall be defined as the following: The elevators will be examined for optimum
operation by CONTRACTOR. CONTRACTOR shall examine, clean, and lubricate the following
components: Controller, Machine, Motor, Generator, Interlocks, Guide Rails, Door Operator & Door
Equipment, Fixtures, Sheaves, Ropes, Governors, Hydraulic Power Units, and Jack Assemblies.
CONTRACTOR shall make minor adjustments to the Equipment while on scheduled service visits
if , in CONTRACTOR'S opinion, such changes are required. All work shall be completed during the normal
contractual days & hours of Monday thru Friday, 6:00 a.m. thru 6:00 p.m. All costs associated with repair,
replacement parts, testing, and labor are NOT included; if these items are required, they will be submitted
to COUNTY as a separate cost to be paid by COUNTY, and not performed unless approved in writing by
COUNTY. CONTRACTOR shall respond to both emergency calls and regular service calls for elevator
repair; these calls shall be billed at the contractual COUNTY rates.
Equipment with Limited Service is identified in the Quotation Summary.
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II. OTHER EQUIPMENT SERVICED
A. Service Lifts/Dumbwaiters
Preventive maintenance is limited to inspection and lubrication. Repair parts and labor shall be
billed as Extra Service.
B. Wheelchair Lifts
Preventive maintenance is limited to inspection and lubrication. Repair parts and labor are to be
billed as Extra Service.
III. CALL-BACK SERVICE
A call-back is a request from COUNTY to CONTRACTOR requesting CONTRACTOR to go to a
specific elevator to correct any problem and/or condition which needs attention before CONTRACTOR's
next scheduled preventive maintenance visit (“Call-Back”).
CONTRACTOR shall provide 24-hour-a-day, 7 days-a-week, Call-Back service, as part of the full-
service maintenance fee, and at no added cost to COUNTY. CONTRACTOR may only bill for Call-Back
service if the work performed is not the responsibility of CONTRACTOR (see “Exclusions”). In the event of
Call-Back service, a journeyman elevator mechanic will report to the site of the call when requested by
COUNTY or those persons designated by COUNTY, in accordance with the following schedule:
A Call-Back service shall consist of prompt response to requests from COUNTY or his/her
authorized representatives for emergency services on any day of the week at any hour of the day or night.
Call-Backs will be categorized as follows:
LEVEL I – Trapped passenger or any situation causing imminent harm to passenger, machinery or
building - Requires onsite response in thirty (30) minutes or less.
LEVEL II – Out of service equipment which critically affects the building operations such as, but not
limited to, only means of conveyance in the building. - Requires onsite response in ninety (90) minutes or
less.
LEVEL III – All other types of Call-Back not defined by Level I or II. This requires onsite response at
0600 hrs. the next normal working day.
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Determination of call level is at the discretion of COUNTY or his/her authorized representative.
Failure to furnish emergency Call-Back service within the above-specified time of notification of need may
result in termination of this Agreement, withholding of payment, and/or another elevator contractor to be
hired to complete the work at the CONTRACTOR’s expense.
Response time is defined as the time it takes for the service technician to arrive at the specified
elevator location from the time the request for service is made by COUNTY. This time specification is NOT
conditional. Outside influences such as weather conditions, traffic congestion, highway construction,
absenteeism, etc. are not acceptable justifications for failure to meet the required response time
specification.
For each service call, CONTRACTOR shall provide to COUNTY a copy of the work ticket(s), along
with supporting documentation that contains the following minimum information:
o Name and address of CONTRACTOR
o Name of CONTRACTOR’s employee(s) performing the work
o Date(s) work performed and work hours expended
o Time technician(s) arrived on site and time they left
o Brief description of work performed/corrective action including equipment identification
o Determination of whether the emergency response call is covered by the full-service
maintenance agreement. Call-Backs for elevators that are not covered under this Agreement, or that are
required due to one or more of the exclusions (vandalism, fire alarm caused shutdown, etc.) shall be billed
at the quoted hourly rates.
o Signature and name of CONTRACTOR’s employee authorized to sign for CONTRACTOR
and attest to the necessity and completeness of the work, and the accuracy of the invoice
The format and medium (hard copy or electronic) of such work ticket and
supporting documentation must be approved by COUNTY in advance of the first submittal.
All work of a Call-Back nature or trouble calls shall be treated as an emergency, and work
commenced shall be carried through to completion without delay.
This report shall either be sent as an e-mail attachment to COUNTY or as an email notification of
the incident with a link to where the detailed information can be found in an online reporting tool provided by
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CONTRACTOR.
IV. EXTRA SERVICES
COUNTY, without invalidating this Agreement, may order extra work or make changes by altering,
adding to or deducting from the work only by written Orders, either:
A. Initiated by COUNTY and properly approved and authorized, and setting forth the dollar amount
to be added or deducted, or
B. Initiated/proposed by CONTRACTOR, setting forth the dollar amount, and properly approved
and authorized by COUNTY.
CONTRACTOR shall not undertake any Extra Services without the advance written authorization of
a COUNTY Representative. Such Extra Services are expressly contemplated to include, but are not
necessarily limited to:
• Modernization of one or more elevator components
• Five (5) year load tests, as mandated by Cal-OSHA
• Repairs that are required, but which are expressly excluded from the maintenance services
agreement scope of work (see exclusions.)
V. REGULATORY COMPLIANCE
In the performance of this Agreement, CONTRACTOR agrees to carry out all work in strict
compliance with all laws, codes, rules and regulations set forth with regard to the equipment by municipal,
state, or federal authorities having jurisdiction in effect on the date of this Agreement including but not
limited to:
A. ANSI A 17.3-2011 Safety Code for elevators and Escalators
B. ISO 41901 to 6: 1984 Lifts and Service Lifts (USA: elevators and dumbwaiters)