Elevator Maintenance
Elevator Maintenance
ELEVATOR
SERVICES
HOSPITALS
Elevator Contractor
TABLE OF CONTENTS
GC-18 INDEMNIFICATION....................................................................................................................... 9
SPECIFICATIONS ..................................................................................................................................... 18
A. This Agreement is an all-inclusive elevator preventive maintenance and full coverage service
contract form which describes the requirements and procedures necessary for proper
maintenance practices, repairs, component replacements and related services. "Exhibits" and
attachment of similar import are utilized as a means to identify the individual units, contractor
labor rates for extra work and basic performance standards.
B. Reference to apparatus and/or requirements, which are not applicable on a particular vertical
transportation unit shall remain an integral part of all contract documents with the understanding
that such equipment, materials, services or labor not applicable are so referenced as a part of the
generic format for the entire vertical transportation fleet. The intent of the contract is to provide a
long-term service agreement for a fixed fee with provisions for annual cost adjustments based on
specific guidelines.
C. Nothing contained herein shall be construed as a commitment on the part of the Owners, Agent,
Management or other Owner's representative to purchase services or work other and different
from those specified and included under the terms of this full comprehensive maintenance
agreement.
GC-3 DEFINITIONS
A. To avoid undue repetition, the following terms whenever they occur in this form of Contract or any
of the other papers forming a part of the Contract shall be construed as follows:
1. "Owner" shall mean NYC Health and Hospitals Corporation, having an office at 125
Worth Street, New York, NY, 10013, hereinafter referred to as the "Owner."
2. The words "Agent", "Owner's Representative", "Manager" and titles or references of similar
import as used herein shall mean NYC Health and Hospitals Corporation, and other
designated representative(s) of the Owner for this Property.
3. The words "Contractor", "the Contractor" or "this Contractor" as used herein shall mean
_.
4. “Contract" or "Contract Documents" shall mean, in addition to this Form of Contract, written
addenda issued over the name of the Owner, all of which are made part hereof as though
herein set forth in full. The Contract as so defined shall constitute the complete and
exclusive statement of terms of the Agreement between the parties and the Contract may
not be explained or supplemented by course of dealing, usage of trade or course of
performance.
5. The term "days" or "calendar days" in reference to a period of time shall mean consecutive
days, Saturdays, Sundays and holidays, included. The term "week" unless otherwise
specified shall mean seven (7) consecutive calendar days, Saturdays, Sundays and
holidays included. The term "month", unless otherwise specified, shall mean a calendar
month.
6. "W ork" shall mean all structures, equipment, plant, labor, materials (including materials and
equipment, if any, furnished by the Owner) and all other things necessary or proper for, or
incidental to the Elevator repair and maintenance activities at the Site of Work.
7. The terms "Site of the W ork”, “Building" or words of similar import mean any all facilities
operated by Health and Hospitals (see Exhibit A).
8. "Manager" and “Facility” shall mean the Property Manager, Building Manager, Director of
Building Services, for the time being or the successor in duties for the purpose of this
Contract, acting personally or through the duly authorized representative for the purpose
of this Contract. No persons other than those specifically identified shall be deemed a
representative of the Owner except to the extent specifically authorized in an express
written notice to the Contractor signed by the Owner, as the case may be. Further, no
person shall be deemed a successor in duties of the Manager unless the Contractor is so
a. New York City Building Code and all applicable local laws, codes and standards.
b. Federal "Americans with Disabilities Act” (A.D.A.AG. Standards) applicable.
c. "ASME A17.1" shall mean the American Society of Mechanical Engineers Safety
Code for Elevators and Escalators as modified and adopted by the AHJ.
d. "ASME A17.2" shall mean the American Society of Mechanical Engineers
Inspectors' Manual for Elevators and Escalators.
e. "ASME A17.3" shall mean the American Society of Mechanical Engineers Safety
Code for Existing Elevators and Escalators as modified and adopted by the AHJ.
f. Local laws applicable.
17. Whenever they refer to the W ork or its performance, "directed", "required", "permitted",
"ordered", "designated", "prescribed" and words of similar import shall mean directed,
required, permitted, ordered, designated or prescribed by the Manager; and "approved",
"acceptable", acceptable or satisfactory to the Manager; and "necessary", "reasonable",
"proper", "correct", and words of similar import shall mean necessary, reasonable, proper
or correct in the judgment of the Manager.
18. When including "such as" or when words of similar import are used, the specific things
thereafter enumerated shall not limit the generality of the things preceding such words.
A. This Maintenance Contract shall commence thirty (30) days after the contract award, and, unless
otherwise terminated in accordance with the provisions hereof, shall expire three (3) years
following the final acceptance of the work performed under the base contract. The agreement
shall, at the option of the Owner, be renewed for a term not to exceed one (1) year not to
exceed two (2) renewals. Owner shall notify the Contractor within 60 days of the intent to
exercise the renewal. Annual renewals are at the option of the Corporation.
A. Subject to the provisions of this Contract, the Owner agrees to pay and the Contractor agrees to
accept from the Owner full and complete compensation for the performance of its obligations.
B.
1. Invoices for the base monthly compensation for the maintenance work and services shall
be submitted monthly and shall be paid on a net forty-five (90) day basis. All monthly
invoices will be submitted to the Owner no later than the fifth (5th) day of the calendar
month after which the services have been rendered. Invoices shall contain all information
required by the Manager to permit computation of compensation.
2. Contractor shall include, as part of the monthly invoicing, Certified Payroll records to the
Owner.
3. Payments made hereunder are subject to such adjustments as may be necessitated
following Owner's verifications of the accuracy of amounts billed.
4. Extra cost for replacement parts/materials, as approved by the Owner, shall be invoiced
separately and itemized to reflect individual proposals, accepted and/or approved.
The contractor shall use due diligence to obtain all parts/materials required to complete
the work, regardless of the status of approval by the Owner.
5. The acceptance by the Contractor, or by anyone claiming by or through him, of payment
shall be and shall operate as a release to the Owner of all claims and all liability to the
Contractor for all things done or furnished in connection with the Contract and for every act
and neglect of the Owner and others relating to or arising out of the Contract, including
claims arising out of breach of Contract and claims based on claims of third persons. No
payment, however, final or otherwise, shall operate to release the Contractor from any
obligations in connection with this Contract.
6. The Contractor's Agreements as provided in the immediately preceding paragraph shall be
deemed to be based upon the consideration forming part of this Contract as a whole and
not to be gratuitous; but in any event, even if deemed gratuitous and without consideration,
such Agreement as provided in the immediately preceding paragraph shall, nevertheless
be effective. Such release shall include all claims, whether or not in litigation and even
though still under consideration by the Owner or the Agent. Such release shall be effective
notwithstanding a purported reservation of right by the Contractor to preserve such claim.
The acceptance of any check designated as "Payment" or bearing any similar designation
for a specific service, repair or replacement shall be conclusively presumed to demonstrate
the intent to be accepted as final, with the consequences provided in this numbered clause,
notwithstanding any purported reservation of rights.
7. Payment for Emergency Call-back services shall be included in the monthly lump sum price
for procedures performed during regular working hours of regular working days of the
elevator trade. If overtime services are requested, upon approval Owner shall pay for
the bonus (overtime) portion of such hours applicable only. Base labor hours shall be
included in the monthly maintenance price with extra charges limited to the premium labor
portion of work approved by the Owner's Designee.
A. The maintenance work shall be performed only by Qualified and/or Licensed Technicians and
Mechanics (as may be required by the AHJ) directly employed and supervised by the Contractor,
who are experienced and skilled in maintaining vertical transportation units similar to those to be
maintained under this Contract and shall not be assigned or transferred to any agent or
subcontractor without the express consent of the Owner's Designee or Purchaser.
B. It is mutually agreed that the Contractor shall not be under any obligation hereunder to make any
repairs or replacements except those incidental to the normal operation of the machinery, and
that the Contractor is not required under this Contract to make repairs or replacements
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necessitated by reason of malicious damage, fire, including non-elevator component electrical
fire, which are the result of causes beyond Contractor's control. All repairs, if necessitated by this
paragraph, will be performed at a fee not to exceed the standard rate in effect at the time service
is performed.
1. It is mutually agreed that the Contractor shall make any and all repairs or replacements
damaged by Contractor's improper repair, negligent or willful acts or omissions.
A. If required by law, Contractor certifies that it is licensed in the state, municipality and/or local
jurisdiction where the property is located to perform the elevator maintenance services pursuant
to this Agreement, and that the license will be maintained current and valid for the Initial Term
and any renewal term of this Agreement.
A. The Contractor undertakes to pay all claims lawfully made against him by Subcontractors,
material-persons and work-persons, and all claims lawfully made against him by other third
persons arising out of or in connection with or because of the performance of this Contract and
to cause all Subcontractors to pay all such claims lawfully made against them.
A. Nothing contained in this Contract is intended for the benefit of third persons, except to the extent
that the Contract specifically provides otherwise by use of the words "benefit" or "direct right of
action".
A. Neither the Owner of the Property nor any officer, agent or employee thereof shall be charged
personally by the Contractor with any liability or held liable to him under any term or provision of
this Contract, or because of its execution or attempted execution, or because of any breach
hereof.
A. The Owner shall not be precluded or estopped by any payment, final or otherwise, issued or made
under this Contract, from showing at any time the true amount and character of Work performed,
or from showing that any such payment is incorrect or was properly issued or made; and the
Owner shall not be precluded or estopped, notwithstanding any such payment, from recovering
from the Contractor any damages which it may sustain by reason of any failure on his part to
comply strictly with this Contract, and any moneys which may be paid to him or his account in
excess of those which he is lawfully entitled.
B. No cancellation, rescission or annulment hereof, in whole or as to any part of the Work, because
of any breach hereof, shall be deemed a waiver of any money damages to which the Owner may
be entitled because of such breach. Moreover, no waiver by the Owner of any breach of this
Contract shall be deemed to be a waiver of any or any subsequent breach.
A. It is hereby understood and agreed that the monthly lump price for maintenance specified under
Part 2.2A and labor charges, shall be governed by prevailing wage of the NYC Comptroller, and
during the initial term of this Contract are based upon the Contractor's projected labor and
material costs to perform maintenance services as specified herein.
B. The term "anniversary date" shall mean the date of Contract award and each succeeding
1. Notwithstanding the above, the Contractor shall not be entitled to any increase during the
first year of this Contract.
GC-13 NON-PAYMENT
A. The Purchaser/Owner may have the Contractor’s work and systems’ performance operations
checked monthly to ensure the Contractor is performing in accordance with this Contract. If the
work requirements are not maintained, the Purchaser/Owner will retain the monthly payment to
the Contractor until the Consultant verifies that the work and/or operating performance is back to
standard. If three (3) consecutive months of substandard maintenance is noted, the Owner has
the right to immediately cancel the Contract without notice to the Contractor.
B. The Consultant, Purchaser and/or Owner’s Designee may withhold approval for payment on any
request to such extent as may be necessary to protect the Owner from loss on account of:
1. Negligence on the part of the Contractor to execute the work properly or failure to perform
any provisions of the contract. The Owner, after three (3) days written notice to the
Contractor, may, without prejudice to any other remedy, make good such deficiencies and
may deduct the cost of the contract.
2. Claims filed or reasonable evidence indicating probable filing of claims due to the
Contractor’s failure to perform.
3. Failure of Contractor to make payments properly to subcontractors for material and labor
used to fulfill contractual requirements.
4. Damage to the building as a result of work performed or another subcontractor’s failure to
perform.
A. Contractor shall notify the Purchaser and Consultant in writing regarding any necessary services,
coverage or items which may have been omitted from the maintenance contract specifications
and any irregularities, discrepancies or duplications that could affect the full comprehensive intent
of the agreement.
A. This Contractor is required to provide separate materials, supplies, equipment and personnel for
Extra Work when such is deemed necessary by the Owner or Manager. Extra Work as used
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herein shall be defined as work which differs from that expressly or implied required in the
Specifications in their present form.
B. Compensation for such Extra Work shall be determined by mutual agreement between the Owner
and the Contractor on a lump sum basis. However, should the parties fail to reach such an
agreement, the Contractor's compensation shall be increased by the following amounts and such
amounts only:
1. In the case of approved Extra Work performed by this Contractor's personnel, an amount
for labor equal to the applicable labor rate(s) shall be used for compensation. All labor
costs are deemed inclusive in the contract. Approval related to additional labor requires
specific consideration/approval by Owner. Said approvals shall not delay Contractors
execution of maintenance and repair.
2. In the case of Extra Work performed by a Subcontractor, an amount equal to the actual net
cost in money of the labor and materials required for such Extra W ork, plus ten percent
(10%) of such net cost.
3. As used in this numbered clause (and in this clause only):
a. "Labor" means laborers, mechanics, and other employees below the rank of
supervisor, directly employed at the Site of the W ork "required for Extra Work" and
as to the portion of their time allotted to Extra W ork; and "cost of labor" means wages
actually paid to and received by such employees plus a proper proportion of (a)
vacation allowances and union dues and assessments which the employer actually
pays pursuant to contractual obligation upon the basis of such wages, and (b) taxes
actually paid by the employer pursuant to law upon the basis of such wages.
"Employees" as used above means only the employees of one employer.
b. "Net Cost" shall be the Contractor's actual cost after deducting all permitted cash
and trade discounts, rebates, allowances, credits, sales taxes, core charges,
commissions, and refunds (whether or not any or all of the same shall have been
taken by the Contractor) on all parts, shop services and materials purchased by the
Contractor solely for the use in performing its obligation hereunder provided, such
purchase has received the prior written approval of the Owner as required herein.
The Contractor shall promptly furnish to the Owner such bills of sale and other
instruments as may be required by it, executed, acknowledges and delivered,
assuring to it title to such materials, supplies, equipment, parts, and tools free of
encumbrances.
c. "Materials" means temporary and consumable materials as well as permanent
materials; and "cost of materials" means the price (including taxes actually paid by
the Contractor pursuant to law upon the basis of such materials) for which such
materials are sold for cash by the manufacturers or producers thereof, or by regular
dealers therein, whether or not such materials are purchased from the manufacturer,
producer or dealer (or if the Contractor is the manufacturer or producer thereof, the
reasonable cost to the Contractor of the manufacture and production), plus the
reasonable cost of delivering such materials to the Site of the Work in the event that
the price paid to the manufacturer, producer or dealer does not include delivery and
in case of temporary materials, less their salvage value, if any.
4. The Contractor shall submit all reports, records and receipts as are requested by the Agent
so as to enable him to ascertain the time expended in the performance of Extra Work, the
quantity of labor and materials used therein and the cost of said labor and materials to the
Contractor.
5. The provisions of this Form of Contract relating generally to Work and its performance shall
apply without exception to any Extra W ork required and to the performance thereof.
Moreover, the provisions of the Specifications relating generally to the Work and its
performance shall also apply to any Extra W ork required and to the performance thereof,
except to the extent that a written order in connection with any particular item of Extra W ork
may expressly provide otherwise.
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6. Invoices for compensation due for Extra Work shall be submitted separately to the Property
Manager for each authorized Extra W ork item or approved lump sum proposal.
A. The Owner shall have the following rights in the event the Property Manager shall deem the
Contractor guilty of a breach of any term whatsoever of this Contract:
1. The right to take over and complete the Work or any part thereof as agent for and at the
expense of the Contractor, either directly or through other Contractors.
2. The right to cancel this Contract as to any or all of the Work yet to be performed.
3. The right to specific performance, an injunction or any appropriate equitable remedy.
4. The right to money damages.
5. Other specific remedies as provided herein.
B. For the purpose of this Contract, breach shall include but not be limited to the following, whether
or not the time has yet arrived for performance of any obligation under this Contract: a statement
by the Contractor to any representative of the Owner indicating that he cannot or will not perform
any one or more of his obligations under this Contract; any act or omission of the Contractor or
any other occurrence which makes it improbable at the time that he will be able to perform any
one or more of his obligations under this Contract; any suspension of or failure to proceed with
any part of the W ork by the Contractor which makes it improbable at the time that he will be able
to perform any one or more of his obligations under this Contract. Inasmuch as this Contract is
made in reliance upon the Contractor's personal qualifications, the Owner shall also have the
rights set forth above in the event the Contractor shall become insolvent or bankrupt or if his
affairs are placed in the hands of a receiver, trustee or assignee for the benefit of creditors.
C. The enumeration of this numbered clause or elsewhere in this Contract of specific rights and
remedies of the Owner shall not be deemed to limit any other rights or remedies which the Owner
would have in the absence of such enumeration; and no exercise by the Owner of any right or
remedy shall operate as a waiver of any other of its rights or remedies not inconsistent therewith
or to stop from exercising such other rights or remedies.
D. In addition to any other rights of termination set forth herein, the Owner shall also have the right,
at any time and without cause, to cancel this Contract as to any or all portions not yet performed
upon at least thirty (30) days prior notice to the Contractor. Such cancellation shall be without
prejudice to the rights and obligations of the parties arising out of portions already performed but
no allowances shall be made for anticipated profits.
A. Inasmuch as the Contractor can be adequately compensated by money damages for any breach
of this Contract which may be committed by the Owner, the Contractor expressly agrees that no
default, act or omission of the Owner shall constitute a material breach of this Contract, entitling
him to cancel or rescind it or (unless the Owner shall so direct) to suspend or abandon
performance.
GC-18 INDEMNIFICATION
A. To the maximum extent permitted by law, Contractor hereby assumes the entire responsibility
and liability for any and all damage (direct or consequential) and injury (including death), of any
kind or nature whatsoever, to all persons, whether or not employees of Contractor, and to all
property and business or business, caused by, resulting from, arising out of, or occurring in
connection with (i) the W ork, (ii) the performance or intended performance of the Work; (iii) the
performance or failure to perform this Trade Contract; or (iv) any occurrence which happens in or
about the area where the Work is being performed by Contractor, either directly or through a
subcontractor, or while any of Contractor's property, equipment or personnel is in or about said
area.
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B. Except to the extent, if any, is expressly prohibited by law, should any such damage or injury
be sustained, suffered, or incurred by Owner, Architect/Engineer, or Project Manager or should
any claim for such damage or injury be made or asserted against any of them, whether or not
such claim is based upon Owner's; Architect/Engineer's or Project Manager's alleged active
or passive negligence or participation in the wrong or upon any alleged breach of any statutory
duty or obligation on the part of Owner, Architect/Engineer or Project Manager, Contractor
shall defend, indemnify and hold harmless Owner, Architect/Engineer and Project Manager,
their officers, agents, partners, employees, parent, affiliates and subsidiaries (hereinafter
collectively referred to as "Indemnities"), of, from and against any and all such damages,
injuries, and claims whether just or unjust, and further, from and against any and all other loss,
cost, expense, and liability, including without limitation, legal fees and disbursements, that any
Indemnity may directly or indirectly sustain, suffer or incur as a result of such damages, injuries
and claims; and contractor agrees to assume, on behalf of any and all Indemnities the defense
(with counsel satisfactory to the party indemnified) of any action at law or in equity, or other
legal proceeding, which may be brought against any Indemnity upon or by reason of such
damage, injury, or claim and to pay on behalf of every Indemnity, the amount of any judgment,
decree, award, or order that may be entered against each said Indemnity in any such action or
proceeding. In the event that any such claim, loss, cost, expense, liability, damage or injury is
sustained, suffered, or incurred by, or is made, asserted or threatened against any Indemnity,
Owner shall, in addition to all other rights and remedies, have the right to withhold from any
payments due and to become due to Contractor an amount sufficient in Owner's and Project
Manager's judgment to protect and indemnify the Indemnity from and against any and all such
claims, loss, cost, expense, liability, damage or injury, including legal fees and disbursements; or
Owner, in its discretion, may require Contractor to furnish a surety bond satisfactory to Owner
and Project Manager, guaranteeing such protection, which bond shall be furnished by Contractor
within five (5) days after written demand has been made therefore. In the event more than one
contractor is connected with an event or occurrence (or a series of events or occurrences)
covered by this indemnification, then all such contractors shall be jointly and severally responsible
to the Indemnities, and the ultimate responsibility among such indemnifying contractors shall be
settled or otherwise determined by separate proceedings and without loss, expense, or damage
to any Indemnity. For purposes of this Contract the term Owner shall be deemed to include their
respective officers, agents, partners, employees, parents, affiliates and subsidiaries shall
constitute Indemnities hereunder.
C. The indemnification provisions contained in this Article and the Contractor's obligations hereunder
shall not be limited by any limitation on amount or type of damages, compensation or benefits
payable by or for Contractor under worker's or other employee benefit acts.
A. The Contractor shall not commence work under this contract until it has been agreed to and
obtained the following minimum insurance coverage:
B. See attached sample documents required for insurance coverage requirements.
C. Contractor shall provide a sample of the required insurance coverage at the time of the Bid
Submittal.
D. Contractor shall be required to provide actual insurance policy and brokers certificate at time of
award.
A. The Contractor shall not assign or by any other means transfer to Factor or any other party this
Contract or any part thereof or of any of his rights hereunder or of any monies due or to become
due hereunder and any delegation of any of his duties hereunder without the express approval of
the Owner in the form of a written consent, however, the Contractor may Subcontract portions of
the W ork to such persons as the Property Manager may, from time to time, expressly approve in
writing.
B. No consent to any assignment or other transfer, and no approval of any Subcontractor, shall
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under any circumstances operate to relieve the Contractor of any of his obligations; no
Subcontract, no approval of any Subcontract and no act or omission of the Owner or the Property
Manager shall create any rights in favor of such Subcontractor and against the Owner; and as
between the Owner and the Contractor, all assignees, Subcontractors, and other transferees shall
for all purposes be deemed to be agents of the Contractor. Moreover, all Subcontractors and all
approvals of Subcontractors, regardless of their form, shall be deemed to be conditioned upon
performance by the Subcontractors in accordance with this Contract; and if any Subcontractor
shall fail to perform the Contract to the satisfaction of the Property Manager, the Property
Manager shall have the absolute right to rescind his approval forthwith and to require the
performance of the Contract by the Contractor personally or through other approved
Subcontractors.
A. The Owner shall have access during normal business hours to all records and documents of the
Contractor relating to any amounts for which the Contractor has been compensated, or claims he
should be compensated, by the Owner by payment determined on any basis other than by
payment of a lump sum or unit price amount agreed upon in writing by the Contractor and the
Owner. The Contractor shall obtain for the Owner similar access to similar records and
documents of Subcontractors. Such access shall be given or obtained both before and within a
period of one year after Final Payment to the Contractor; provided, however, that if within the
aforesaid one year period, the Owner has notified the Contractor in writing of a pending claim by
the Owner under or in connection with this Contract to which any of the aforesaid records and
documents of the Contractor or of his Subcontractors relate either directly or indirectly, then the
period of such right of access shall be extended to the expiration of six years from the date of
Final Payment with respect to the records and documents involved.
B. No provisions in this Contract giving the Owner a right of access to records and documents is
intended to impair or affect any right of access to records and documents which the Owner would
have in the absence of such provision.
C. Said documents and books of accounts shall be maintained by accordance with generally
accepted accounting principles and shall be subject, at all times during the period referenced by
the immediately preceding paragraph, to examination and audit by the Owner or its designated
representatives during regular business hours. The Contractor shall also obtain for the Owner
similar access to such records, documents and books of account of his Subcontractors as are
referenced in this numbered clause.
1. That he is financially solvent, that he is experienced in and competent to perform the type
of services contemplated by this Contract, that the facts stated and shown in any papers
submitted or referred to in connection with this Contract are true, and if the Contractor be
a corporation, that it is authorized to perform this Contract;
2. That he has carefully examined and analyzed the provisions and requirements of this
Contract and inspected the Site of the W ork, that from his own investigations he has
satisfied himself as the nature of all things needed for the performance of this Contract, the
general and local conditions and all other matters which in any way affect this Contract or
its performance, and that the time available to him for such examination, analysis,
inspection and investigation was adequate prior to acceptance of this Contract;
3. That the Contract is feasible of performance in accordance with all its provisions and
requirements and that he can and will perform it in strict accordance with such provisions
and requirements;
4. That no officer, agent or employee of the Owner is personally interested directly or
indirectly in this Contract or the compensation to be paid hereunder;
5. That, except only for those representations, statements or promises expressly contained
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in this Contract, no representation, statement or promise, oral or in writing, of any kind
whatsoever by the Owner, its commissioners, officers, agents, employees or consultants
has induced the Contractor to enter into this Contract or has been relied upon by the
Contractor, including any with reference to: (1) the meaning, correctness, suitability, or
completeness of any provisions or requirements of this Contract; (2) the nature, quantity,
quality or size of the materials, equipment, labor and other facilities needed for the
performance of this Contract; (3) the general or local conditions which may in any way
affect this Contract or its performance; (4) the price of the Contract; or (5) any other matters,
whether similar to or different from those referred to immediately above, affecting or having
any connection with this Contract.
B. Moreover, the Contractor accepts the conditions at the Site of the W ork as they may eventually
be found to exist and warrants and represents that he can and will perform the Contract under
such conditions and that all materials, equipment, labor and other facilities required because of
any unforeseen conditions (physical or otherwise) shall be wholly at his own cost and expense,
anything in this Contract to the contrary notwithstanding.
C. The Contractor further represents and warrants that he was given ample opportunity and time
and by means of this paragraph was requested by the Owner to review thoroughly all documents
forming this Contract in order that he might request inclusion of this Contract of any statement,
representation, promise or provision which he desired or on which he wished to place reliance;
that he did so review said documents, that either every such statement, representation, promise
or provision has been included in this Contract or else, if omitted, that he expressly relinquishes
the benefit of any such omitted statement, representation, promise or provision and is willing to
perform this Contract without claiming reliance thereof or making any other claim on account of
such omission.
A. Whenever provisions are made in this Contract for giving of any notice to the Contractor, its
deposit in any post office box, enclosed in a postpaid wrapper addressed to the Contractor at his
office, or its delivery to his office, shall be sufficient service thereof as of the date of such deposit
or delivery, except to the extent, if any, otherwise provided herein. Until further notice to the
Owner, the Contractor's office will be that stated in the Contract acceptance provision herein.
Notices may also be served personally upon the Contractor; or if a corporation, upon any officer,
director or managing or general agent; or if a partnership upon any partner.
A. Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to be inserted herein and the Contract shall be read and enforced as though it were
included therein, and if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Contract shall forthwith be
physically amended to make such insertion.
A. If any provision of this Contract shall be such as to destroy its mutuality or to render it invalid or
illegal, then, if it shall not appear to have been so material that without it the Contract would not
have been made by the parties, it shall not be deemed to form part thereof but the balance of the
Contract shall remain in full force and effect.
A. This Trade Contract shall be governed by, and construed and interpreted in accordance with, the
laws of the State of New York.
A. Upon arrival at the Facility (i.e., the site in which the work is performed), the Contractor’s
maintenance and/or repair personnel shall report to the Facility’s Maintenance Contract Manager
or designee, sign in, and advise the Facility’s person of the work planned for that day. The
Contractor’s personnel shall report again and sign out prior to leaving the Facility at the end of
the work day or upon completion of the work scheduled and/or emergency.
1. A work ticket provided by the Contractor and Daily Report (per CPM) supplied by the
Facility/Corporation, shall be completed by the Contractor’s maintenance and/or repair
personnel and given to the Facility’s Maintenance Contract Manager or designee prior to
departure from the Facility.
a. All maintenance and/or repair work performed, parts utilized and time expended
shall be documented, legibly and understandably.
b. All documentation must be signed by the Facility’s Maintenance Contract Manager
or designee prior to departure from the Facility.
A. The Contractor shall provide and keep current, a Preventive Maintenance Schedule of required
work and a log of completed work in each machine room or machine space.
2. Entries for shutdowns during normal hours and emergency (off-hour) repairs shall also
include the cause of the problem or probable cause if the actual cause cannot be
determined.
B. The log and maintenance schedule shall become property of the Corporation. The Contractor will
maintain copies for the maintenance company's records.
A. The Contractor shall maintain the Facility's/Corporation's installation drawings, showing "as built”
conditions, incorporating any changes or modifications to circuitry resulting from control
modifications, parts replacement or equipment upgrades, by the Contractor. Any and all changes
or modifications shall be made in a neat and professional manner.
B. The drawings shall remain the property of the Facility/Corporation after the contract is completed.
C. All existing control wiring diagrams that are framed and/or covered with plastic and mounted on
the walls of the machine rooms shall be kept so mounted. Any/all new wiring diagrams shall be
similarly mounted. Drawings for escalators and dumbwaiters shall be stored in an adjacent
vertical transportation machine room.
A. Every three (03) months, the Contractor shall provide and review with the Facility/Corporation a
written summary of all call-backs and unscheduled shut downs. The intent of this review is to
minimize call-backs and shut downs by keeping the Contractor and Facility/Corporation aware of
call-back and shut down trends.
B. The summary shall include but shall not be limited to the date of each call-back/shut down, the
problem, the cause (as best determined), the corrective action taken and the time required to
correct the problem.
A. The Contractor shall provide a written equipment performance report at the end of each six
months period, to the Facility/Corporation covering systems performance measurements.
1. The report shall include data verifying: average system response time, equipment speeds,
elevator door open and close times, equipment breakdowns and call distribution.
2. The initial report shall be submitted no later than three (03) months after initiation of
contract and every six months thereafter.
3. The Contractor shall submit, when applicable, any written recommendations related to
safety issues, new attachments, etc. Contractor's supervisory personnel shall be available
at all times to report to and confer with H+H. Contractor shall submit such records and
reports as may be identified in this specification or such other records and reports as H+H,
and/or its Consultant, may require.
4. On all elevator shutdowns involving passenger entrapments, a comprehensive report shall
be prepared and submitted to H+H, and/or it’s Consultant, within 24 hours of the
entrapment. The report shall include building location, elevator identification, date and time
of entrapment, time entrapped passengers were released, cause of entrapment and
corrective action taken by the Contractor.
A. Should the Contractor require remote monitoring of the equipment to facilitate its maintenance
program, all related installation and maintenance costs of the remote monitoring system shall be
at the Contractor's expense. Additionally, Contractors shall provide a Dash Board on their website
which outlines all work that has been provided. Access shall be given to the Facility and/or
Consultant
A. The Contractor shall make his supervisory and technical personnel available, at no additional
cost, to the Facility/Corporation for any meeting or inspection required by the Facility/Corporation
in order to review the performance of any work being provided under this contract by the
Contractor.
B. The Contractor's performance shall be evaluated by the Facility/Corporation at the time each
Contractor’s payment requisition (invoice) is received.
1. Should the overall performance evaluation be poor, the Facility will, within five (05) work
days after the close of the month, provide a copy of the performance evaluation to the
Contractor with a request for attending a meeting to be held with the Facility Administration
to discuss and resolve the issues of the poor performance of the Contractor.
a. At that time, a decision on the disposition of the poor evaluation and the possibility
of withholding payment will be made by the Facility Administration. Payment to the
Contractor may be suspended, in part or in total, until the deficiencies are corrected.
Payment may be reduced for work items which are not recoverable.
1) Disposition of the poor evaluation may include but not be limited to publication
of the evaluation to all New York City (N.Y.C.) agencies, etc.
SC-11 SIGNS
A. Signs shall be provided by the Contractor and be ready for installation in the event that an elevator
is shutdown. The signs shall be utilized for elevators which are out of service due to maintenance,
repair work or unexpected breakdowns.
B. The signs shall be approximately 12" x 12", made of acrylic material or card stock paper and
posted in a conspicuous position for each elevator which is out of service. The signs shall be
1. Immediately report all accidents and/or entrapments which result in death or injury to any
person or damage to, or theft of, any property arising out of, or in connection with, the
Contractor's operations.
2. Immediately report any condition which could cause deterioration to or malfunction of any
vertical transportation equipment immediately upon discovery of the condition.
4. Erect sturdy barricades and railings, give warnings, display lights, screens or signs and
exercise reasonable precautions to prevent injury to persons or damage to property, and
to avoid inconvenience to pedestrian movements. Barriers shall be provided at all times
when one or more hoistway doors are open to perform the work and any other time to
prevent access to the work area by Facility employees, patients and/or visitors.
A. Mechanic Strike
B. Terminology
1. Throughout the specification where the terms elevator and/or vertical transportation are
used, they shall be understood to mean all vertical transportation equipment including:
elevator, cart lifts, escalators, dumbwaiters and/or wheelchair (platform) lifts, as applicable.
SPECIFICATIONS
A. This contract shall commence thirty (30) days after the date of award, and continue for a period
of thirty-six (36) months after final acceptance of the base work by the Local Governing Authority.
A. The Contractor shall provide all labor, materials, parts and equipment required to provide full
maintenance and repair services for the vertical transportation equipment in the specified facility
as listed under the Vertical Transportation Equipment Listing. Where the terms elevator and/or
vertical transportation are used they shall be understood to mean all vertical transportation·
New York City Health + Elevator Maintenance Specifications
Hospital
equipment including: elevators, as applicable. The Contractor shall be responsible for regular and
systematic execution of the work items required in this contract.
a. The Contractor shall regularly and systematically examine, clean, lubricate, adjust
the vertical transportation equipment included under this contract and as conditions
warrant, repair and/or replace all portions of the equipment.
a) Repairs which take more than two (2) man hours, e.g., replacement of
hoist ropes, bearings, motor commutators, etc. shall not be considered
as routine repairs and shall be performed by a separate repair
mechanic (and helper when required).
1) The maximum allowed time within which the Contractor must respond to an
emergency call, when one or more passengers is/are trapped in a stalled
elevator, is one hour.
2) The maximum allowed time within which the Contractor must respond to any
other emergency call, i.e., when no passenger is trapped in a stalled elevator,
is two hours.
3) Emergency repairs shall be made to restore the equipment to operating order.
If more than one elevator in a bank is out of service, it is the responsibility of
the Contractor to restore all the elevators in the bank prior to leaving the
Facility.
c. The Contractor shall perform routine and safety inspections and tests as required by
the Code (Authorities having jurisdiction) and this specification.
d. In the performance of the work the Contractor shall abide by all existing laws, codes,
rules and regulations set forth by all authorities having jurisdiction as well as rules
and procedures of the Facility/Corporation.
e. If overtime work is required for major, urgent or other repairs and if requested by the
Facility, the Facility will pay only the difference between normal and overtime labor
costs at the hourly rates.
1. The following appurtenances relating to the cab. enclosure and hoistway entrances are
included under this contract and are the responsibility of the Contractor: door operators,
clutches hangars, tracks, exit contacts, auxiliary door closers, car and hoistway entrance
door rollers, door restrictors, safety retainers and gibs (guides), car operating panels, car
position and direction indicators, signal fixtures, photo electric, light ray, infrared or contact
type door reversal devices (safety edges), interlocks, contacts, light fixtures, fans, astragals
communication systems (installed by an elevator contractor), etc.
2. Fuses for mainline disconnect switches are included under this contract and shall be
provided by the Contractor.
3. Lamps for normal illumination of the vertical transportation spaces listed are included under
this contract and shall be provided by the Contractor. Those spaces include: elevator
machine room, governor and secondary level and/or overhead sheave space, top-of-car,
underside of car and pit.
B. All repairs, renewals and replacements shall be made in accordance with the high standards of
preventive maintenance practice. The repairs and renewals of parts shall be made equal in
design, workmanship, quality, finish, fit, adjustment, operation and appearance to the original
installation. Replacements shall be new and genuine parts supplied by the manufacturer of the
original vertical transportation equipment or its successor, or if not readily available, such
replacement parts that provide equivalent design, workmanship, quality, finish, fit, adjustment,
operation, appearance, strength, performance and serviceability, etc., as approved (non-original
manufacturer parts may be used only in an emergency and as approved). This shall apply to the
repair, renewal or replacement of all mechanical, electronic, and electrical parts, including but not
limited to the following:
1. Automatic, power operated door operator, car door hangers and track, car door contact,
door restrictor, door protective device, load-weighing equipment, car frame, car safety
mechanism, platform, wood platform flooring, elevator car guides, roller and/or solid shoe
(gib) types.
2. Machine: drive, drive sheave, shaft bearings, brake pulley, brake coil, brake contact, shoes
and linings, seals, packing and component parts.
3. Hoist motor, motor generator, motor (SCR) drives: motor, rectifiers, motor windings,
rotating element, commutator, field coil, brushes, brush holders and bearings, rotors,
stators, slip rings, solid state components.
4. Controller, selector and dispatching equipment: all relays, solid state components,
resistors, condensers, transformers, contacts, leads, dash pots (when applicable), timing
New York City Health + Elevator Maintenance Specifications
Hospital
devices, computer devices, insulators, solenoids, resistance grids and mechanical and
electrical driving equipment.
5. Governor: governor sheave, shaft assembly, bearings, switch and jaws and governor
tension sheave assembly.
6. Deflector, secondary, overhead, underslung and top-of-car and counterweight sheaves,
bearings, car and counterweight buffers, car and counterweight guide rails, top and bottom
limit switches, compensating sheave assembly, counterweight and counterweight guide
shoes including rollers and/or gibs.
7. Traveling cables, fastenings, supports and connections.
8. Hoist and governor ropes: Hoist and governor ropes, fastenings/hitches, equalizers when
provided, shall be renewed/replaced when required, when directed by Authorities having
jurisdiction, and as prescribed by Code.
a. Hoist ropes shall be adjusted when and as required to compensate for rope stretch
and to maintain Code required clearances.
b. Hoist ropes of elevators with winding drum machines shall be refastened and/or
re-socketed, as applicable, in accordance with latest Code procedure, as required
but intervals shall not exceed those prescribed by Code.
c. Hoist ropes shall be renewed/replaced, refastened or re-socketed, during (OR) after
normal work hours or as directed by the Facility.
9. Hoistway door interlocks, door hangers, bottom door guides, safety retainers, auxiliary door
closing devices and door opening restrictors.
10. Hall lanterns, hall call stations, main lobby fixtures, main and auxiliary car operating panels,
car position indicators, in-cab direction lanterns, electric door operators, safety edges and
photo eyes.
11. The elevator communication system including Emulators and phones.
C. In performing the indicated work, the Contractor shall provide parts used by the Manufacturer of
the equipment for replacement or repair, and use lubricants that are nontoxic, non-explosive, and
non-flammable and obtained from and/or recommended by the Manufacturer of the equipment.
Equivalent parts or lubricants may be used if approved in writing by the Corporation, as specified.
D. Whenever the Contractor performs maintenance and/or repairs, etc. which result in damage,
soiling or defacing of the vertical transportation equipment or the surrounding areas, the
Contractor shall be responsible for the renewing (repair, cleaning, etc.) of all equipment and
surfaces, including walls, wall coverings, floors and floor coverings, etc. to their original condition
with protection of all identification marks and nameplates.
E. Remedial work not accomplished within a reasonable time may be undertaken by the Facility and
back charged to the Contractor.
F. The Contractor shall keep the interior and exterior of all machinery, panels, etc. clean. The
interiors and exteriors and any parts of the equipment subject to rust shall be kept free of rust and
properly painted or treated with a rust inhibitor, as applicable. The equipment shall be presentable
at all times.
1. The equipment shall be properly identified with N.Y.C. device number and elevator ID
Number (see Exhibit A).
G. The Contractor shall, during the course of all examinations and maintenance, remove and discard
immediately, all accumulated trash and debris from the elevator machine rooms, secondary
levels, overhead sheave spaces, car tops and pit areas and equivalent spaces of other vertical
transportation equipment. Prior to each (annual) anniversary date of this contract, the Contractor
shall thoroughly clean down the entire hoistway (i.e.,all hoistways), including all hoistway
equipment, of all accumulated dirt, grease, dust and debris as specified and equivalent spaces of
other vertical transportation equipment.
H. When as a result of any inspection, examination of the vertical transportation equipment, or a
trouble call, corrective action is found to be the responsibility of the Contractor, the Contractor
shall proceed immediately to make (or cause to be made) replacements, repairs, and corrections.
New York City Health + Elevator Maintenance Specifications
Hospital
1. When such vertical transportation work is determined not to be the Contractor's
responsibility, the Contractor shall submit a signed, written report, which shall include an
itemized list of the repairs, labor and materials costs, etc., which shall be delivered to the
Facility's Maintenance Contract Manager, as described in Paragraph I,1, a, below, for
further action.
a. If a safety or potential safety problem exists, the Contractor shall immediately advise
the Facility's Maintenance Contract Manager or his designee, and immediately
correct the problem at the least expense possible to the Facility. The Contractor shall
later submit the required written report indicating the corrective action taken and
itemized labor and material costs.
I. The following items are the only exclusions under this contract:
a. The Contractor shall be reimbursed by the Facility for material and the labor of
mechanics who are required in addition to the resident mechanic(s) and helper, as
applicable, or assigned mechanic during the normal work hours. The first two (2)
hours of repair of each incident shall be absorbed by the Contractor (not to exceed
a total of 8 hours per month). The billable work, e.g., vandalism, shall be verified to
the Facility by the Contractor and the Contractor must receive the approval of the
Facility's Maintenance Contract Manager or his designee, prior to proceeding with
any billable work, except as noted above.
2. Repair or replacement of building items such as hoistway or machine room walls and floors,
cab enclosure, cab finish floor material, hoistway entrance frames, door panels and sills,
smoke detectors, telephone instrument and communication equipment not installed by an
elevator contractor, except as specified.
3. Cleaning of cab interiors and hoistway entrance frames, door panels ·and exposed portions
of sills, escalator balustrades, skirt panels, steps and deck boards.
4. Mainline disconnect switches or circuit breakers.
5. Lamps for normal car illumination.
A. The Contractor shall be responsible to assign to this contract skilled Class A elevator mechanics
and helpers or apprentices to perform preventive maintenance and routine repairs (as specified
and established in the preventive maintenance protocol section of this specification) to include
systematic examinations, adjustments, cleaning and lubrication of all machinery, machinery
spaces, hoistways and pits, exclusive of emergency, off-hour calls and major repairs on the
vertical transportation and related equipment.
B. The daily staffing as provide by the Contractor, and approved by the Owner in Attachement D. Staff shall.
report as specified and directed by the Facility. See Chapter I, Special Conditions, Article SC-1,
Reporting Requirements. The maintenance and repair personnel shall advise the Facility's
personnel of the work planned for that day.
C. The Contractor shall be responsible to assign the same manpower on holidays, including union
holidays that fall on weekdays, Monday through Friday. The Contractor shall submit a list of the
union holidays to the Facility no later than 7 days prior to the contract start date.
D. Prior to commencing work, shall submit resumes for each technician/mechanic/journeyman, etc,
for approval by H+H and its Consultant.
E. The Contractor shall perform the required work with the staffing levels in Attachment D-
Staffing Plan/ Contractor shall guarantee the adequate performance of his duties within the
New York City Health + Elevator Maintenance Specifications
Hospital
standards set forth in this specification.
F. During standby service periods, the Contractor shall respond to a notification of elevator
malfunctions within fifteen (15) minutes and restore proper operation of the unit(s) as soon as
possible.
1. Should emergency repairs require more than four (4) hours, the Contractor representative
must notify the Facilities Maintenance Contract Manager in person, via telephone or other
immediate communication and provide an estimated time of performance for reactivation
of the unit.
2. If repairs and/or other maintenance procedures require more than eight (8) hours or must
be carried over to the next regular business day, the Property Manager may elect to have
such work performed on a continuing basis and pay the premium labor portion for all
overtime work performed.
3. During standby service periods, the Contractor shall repair or replace, as required, audio
or visual signal devices, signal lights, demarcation lights or other similar apparatus within
eight (8) hours of notification of condition.
A. "Callback Service" is defined as that time during the day or night that no employees or an
insufficient labor force of the Contractor are assigned to or working at the Building, but the
Contractor has the obligation to respond to calls within a reasonable length of time as follows:
1. During the 12 midnight to 7 a.m. period, and all other time periods otherwise not defined
herein, callback service shall be provided within one-half (1/2) hour of entrapments and
one (1) hour for all other incidents seven (7) days per week.
2. The service-person responding under callback service shall investigate any and all elevator
stoppages and malfunctions and perform minor repairs and adjustments. As part of
callback service, the Contractor agrees to safely and promptly remove the occupants of a
stopped elevator. To meet this evacuation, the Contractor shall provide additional
personnel as necessary twenty-four (24) hours per day, seven (7) days per week including
Saturdays, Sundays and holidays. Services provided under this contractual requirement
shall be rendered to the Owner without additional charge.
A. All work, unless otherwise necessary, shall be performed during regular working hours of regular
working days, including holidays which occur Monday through Friday, and weekends as noted
and as stipulated by the Facility and included in the staffing plan. Emergency call-back service
shall be provided on a 24-hour a day, 7 days a week basis including holidays as specified at no
additional charge.
B. Removal of elevators or other vertical transportation equipment from service shall be coordinated
with, and approved by, the Facility's Maintenance Contract Manager or designee, as directed by
the Facility, in advance of shutdowns.
A. The Corporation reserves the right to request the service of the Fire Department or Police
Department, in the pursuit of releasing trapped elevator passengers in the event that the
Contractor does not respond to an emergency call within the time specified. In the pursuit of this
emergency contingency plan, the Contractor shall be held accountable for any and all damages
to the elevator or any public liability cases that may arise from any incident.
B. The Corporation reserves the right to make inspections and tests as and when deemed advisable.
A. The Contractor shall comply with and promptly correct any Notice of Violation issued by the City
of New York Department of Buildings, and all other Government Agencies having legal
jurisdiction, and written recommendations of the Facility's Insurance carrier for repairs as covered
herein. The Contractor shall be responsible to contact the Department of Buildings or other
Government Agencies, as applicable, in order to have the violation(s) removed and, when
applicable, restore the vertical transportation equipment to service.
1. The Contractor is not required under this Contract to install new attachments on the vertical
transportation systems or parts other and different from those now constituting the
equipment, as recommended or directed by insurance companies or Government
Authorities or otherwise, except as specified.
B. The Contractor shall provide the Facility's Maintenance Contract Manager with copies of
Certificate(s) of Correction and any other documents, relative to any violations/Notice of Violation
issued by the City of New York Department of Buildings, and all other Government Agencies
(departments) having legal jurisdiction, when they are submitted to the applicable agency, e.g.
the Department of Buildings and/or other Government Agencies (departments).
A. The Contractor shall be responsible to maintain all vertical transportation equipment to a standard
of operation so as to minimize interruption of vertical transportation service to the Facility. In the
event that the equipment is having recurring problems due to the Contractor's non-performance,
or if the Contractor does not respond to off hours or emergency calls as required by the contract,
the Corporation reserves the right to assess the Contractor a total of $250.00 (Two Hundred and
Fifty dollars) per incident.
1. The encumbrance of the assessment to the Contractor will be after the second infraction
notification, by the means of an issuance of a product service complaint report issued by
the Facility to the Contractor's Service Manager.
A. The collection and storage of flammable materials, solvents, waste materials, and/or fire
producing devices shall be prohibited in any area of the Facility except as designated by the Fire
and Safety Department of the Facility. See S-14, Spare Parts, Paragraph E.
B. The Contractor shall be responsible for the collection of all flammable waste materials, e.g. grease
and/or solvent soaked rags, resulting from the maintenance and repair work. All such materials
shall be stored in a covered metal receptacle, provided in each elevator machine room by the
Contractor.
1. The Contractor shall be responsible for removal of the flammable waste from the building
and its disposal in a safe and legal of manner, at the end of each shift.
A. The Contractor shall paint the floors of the elevator machine rooms and secondary levels with
Non-slippery paint, with epoxy hardener at least once every two years. Color shall be light gray
or as selected by the Facility's Maintenance Contract Manager. Preparation of the floor surface
shall be in accordance with the paint manufacture's specification.
A. The Contractor shall be responsible, at its own expense, for cleaning and vacuuming, to the
satisfaction of the Facility, all portions of the elevator, cart lift and dumbwaiter hoistway equipment
and structure, car tops and pits, and the escalator machine space, truss and pit spaces and
equipment, of all types of trash, including any medical waste (e.g. blood vials, syringes,
hypodermic needles, possibly in elevator spaces).
1. The Contractor shall provide all required safety apparel (e.g. gloves, boots) and equipment
for his maintenance personnel.
2. The Contractor shall take all appropriate precautions to prevent any dust, fuzz, litter, debris,
etc. from escaping the confines of the elevator hoistways and equivalent spaces of other
vertical transportation equipment.
3. Cleaning which takes more than two (02) man hours shall be performed by separate
cleaning personnel and shall be performed at the time coordinated with the Facility.
4. The Facility will provide appropriate medical waste containers to the Contractor. After
removing the medical waste from his areas of responsibility the Contractor shall deliver the
medical waste container(s) to the Facility for disposal. The Contractor shall be responsible
for the disposal of all other (non-medical) rubbish.
5. Frequency of cleaning shall be:
a. Initial hoistway clean down and cleaning of car tops and pits, and escalator machine,
truss and pit spaces and equipment -Within 60 consecutive calendar days of
contract start date.
b. Subsequent hoistway equipment and structures clean down - Every (01) year
c. Subsequent cleaning of car tops and pits and escalator machine, truss and pit
spaces and equipment as needed but not less than once a month (30/31 days), with
the same month as initial cleaning of the hoistway(s).
A. The motor windings and controller coils shall be periodically treated with proper insulating
compound. The insulating compound shall be that specified for the particular motor winding and
coils.
A. The Contractor shall maintain a sufficient spare parts inventory to ensure proper and adequate
serviceability of the vertical transportation systems. The spare parts inventory shall consist in type
and quantity of items and devices that relate historically and statistically to the vertical
transportation systems under this contract. The Contractor shall have sufficient adequate spare
parts on site, to commence maintenance and replacement of parts as needed, when the
maintenance personnel report for work on the first day of the maintenance contract. The spare
parts inventory shall be stored in a locked, metal cabinet provided by the Contractor and approved
by the Facility. The minimum acceptable spare parts inventory shall include those parts that will
allow a qualified maintenance technician to correct a fault condition and as follows and noted:
B. The Contractor shall provide a separate list of spare parts, which are not included on the above
list, that have a delivery or other lead time of over 24 hours.
C. Final acceptance of the composition of the spare parts inventory will be the responsibility of the
Facility's Maintenance Contract Manager after a review of the proposed inventory and pricing.
The Contractor shall attend and actively participate in any meetings required concerning the final
spare parts inventory.
D. An up-to-date inventory of spare parts shall be maintained at the Facility. This inventory shall
contain the description and part number of all items noted above. When requested, the parts shall
be made available for inspection by the Health and Hospitals Corporation representative, e.g.,
the Facility's Maintenance Contract Manager. The Facility will be responsible to designate and
supply the Contractor with a secure area for the storage of all said materials and parts.
E. Any and all flammables which the Contractor proposes to use in the Facility must be approved by
the Facility Fire and Safety Department prior to the flammables being brought into the Facility.
Material Safety Data Sheets shall be submitted for approval by the Facility at least three (3) work
days prior to bringing flammables into the Facility.
1. The Contractor shall provide an NFPA approved, fire rated, locked cabinet for the storage
of lubricants, cleaners and any flammable materials. The cabinet size shall be as approved
by the Facility.
S-15 OBSOLESCENCE
A. Component Obsolescence shall be defined as the inability to purchase and/or otherwise repair
parts of the system no longer produced by the original equipment manufacturer or a third-party
after-market supplier. Claims of component obsolescence shall not be allowed when replacement
parts, components or assemblies of equivalent design and functionality are available in the
market.
B. In the event of component obsolescence as defined in paragraph A above, the condition shall be
reported to the Owner with the following information:
1. Alternative equipment or component parts renewal options for restoration of the system
due to obsolescence.
2. Procurement and installation time for restoration of system service.
3. Any safety code requirements that will be triggered by the alternative equipment or
component renewal (i.e., including filing, tests and approvals).
C. Payment for obsolescence materials shall be based on the extra cost to the contractor
only.
1. Labor cost shall for installation/repair of obsolescent materials are include in the base
contract for repair and maintenance.
D. The Owner shall retain the right to competitively bid obsolescence repairs and replacements; and,
such work as performed by another qualified contractor shall not diminish or otherwise alter the
coverage provided under this agreement subject to the following:
1. The maintenance contractor has the right to inspect work performed by others; and, when
conditions warrant, reject obsolescence procedures that increase their contractual liability.
The maintenance contractor shall provide written notification of acceptance or rejection.
2. Should the contractor reject an obsolescence repair made by others, the Owner may have
a qualified third party professional engineer evaluate the work and render a decision
regarding the acceptability of the prevailing conditions or the Owner may terminate the
maintenance contract and award the maintenance work to another Contractor at the
Owner’s sole discretion.
A. Three months prior to the contract completion, the Facility will submit to the Contractor a punch
list of items which shall be corrected by the Contractor under the terms of the contract. The
terms/deficiencies shall be corrected within thirty (30) calendar days or as directed by the Facility
During this period monthly payments may be delayed, if required, until all work is completed to
the submit to the Facility, for verification, a "close-out report" describing conditions of the vertical
transportation equipment including the punch list items.
A. The monthly maintenance price for elevators includes compensation for preventive maintenance
of elevators as set forth in this Article and such maintenance shall consist of the services outlined
below as a minimum. Incomplete descriptions and/or omissions shall not abrogate the
Contractor's responsibility to provide full comprehensive preventive maintenance service.
B. In performing complete preventive maintenance, the Contractor shall use all reasonable care to
keep the elevators in proper, safe and efficient operating condition, twenty-four (24) hours per
day, seven days per week, including legal holidays. The Contractor shall furnish all labor,
materials, supplies, parts, temporary barricades, warning signs, and do all things necessary or
proper for or incidental to such maintenance. Maintenance hereunder shall be deemed to include
such removal and replacement of equipment and materials as may be necessary or desirable to
afford access to the equipment for maintenance. All maintenance shall be at least in accordance
with the provisions of law, as well as with governmental rules, regulations and orders. Whenever
services are rendered under this Contract, it shall be the Contractor's responsibility to contact the
Property Manager or his authorized representative to report the kind of service rendered.
C. The Contractor shall maintain each elevator in proper adjustment for smooth, quiet and safe
operation. Elevator manufacturer's approved lubricants and cleaning materials or the equivalent
approved by the Property Manager shall be furnished by the Contractor.
New York City Health + Elevator Maintenance Specifications
Hospital
D. The preventive maintenance specified herein is considered the minimum for all equipment. If
specific equipment covered by this Contract requires additional preventive maintenance for safe
reliable operation, as specified by the manufacturer or by ASME A17.1, the Contractor shall
perform the required additional preventive maintenance.
E. The Contractor shall perform maintenance service for each elevator at the minimum frequencies
indicated hereunder, subject to a time schedule submitted to and approved by the Property
Manager. The schedule of "Checks and Services" indicates the minimum maintenance routines
required to be performed weekly, semi-monthly, monthly, quarterly, semi-annually and annually.
Compensation for such maintenance routines shall be included in the Contractor's monthly price
for maintenance.
F. The Contractor shall make as a minimum, the following scheduled checks and services to each
of the elevators and all their individual components, and at the indicated frequencies as further
specified:
1. Daily Requirements:
a. Prior to commencement of work each day, the Contractor shall obtain a list of
complaints or other recorded vertical transportation problems from the Management
representative for building services.
b. Corrective actions shall be implemented based on the severity of the complaint,
required extra work repairs and scheduled maintenance procedures as approved by
the Property Manager.
a. Observe controllers, floor selectors/positioning systems, relay panels and solid state
assemblies. Check Contractors for burning and wear. Inspect wiring and physical
condition of components for deteriorations, heating and contamination.
b. Motors and/or Generators, Pumps - Check for proper lubrication of bearings.
Inspect brushes and commutation with car in operation. Check each unit for noise,
vibration and heating.
c. Hoisting Machines, Brakes and Valve Assemblies - Check all lubrication provisions,
empty drip pans and wipe down equipment. Observe worm gears for back lash and
thrust play. Inspect brake components for wear and operation. Observe physical
conditions in standing and operating modes.
d. Drive Sheaves, W ire Ropes, and Piston and Cylinder Assemblies -Observe physical
conditions in standing and operating modes.
e. Over-speed Governor and Auxiliary Sheaves - Check for any unusual noise,
vibrations or other physical deteriorations.
f. Perform necessary immediate lubrication or minor repairs/adjustments. Monitor
hydraulic oil levels and necessary fluids.
a. Observe operation of elevator throughout its full range and at all floors it serves to
test controls, safety devices, leveling, releveling, and other devices.
b. Check door operation. Clean, lubricate and adjust brake checks, linkages, gears,
wiring, motor, check keys, set screws, contacts, zone lock restrictors, chains and
cams.
c. Inspect interior of cab. Test telephone or communication system, normal and
emergency lights, fan, emergency call system or alarm, miscellaneous hardware,
control panel and emergency lights.
d. Inspect hoistway and pit. Clean and lubricate equipment as required. Service guide
rail lubrication.
e. Observe operation of motor, generator, solid state motor drive units and contactors,
brakes, governor, traction machinery and sheaves.
f. Check oil level in car and counterweight oil buffers or other hydraulic apparatus, add
oil as required.
g. Visually inspect controller, selector, positioning and leveling systems, contacts and
relays. Check adjustments and replace contact as required.
h. Check hallway doors. Clean, lubricate and adjust tracks, hangers and up-thrust,
eccentrics, linkage, gibs and interlocks.
i. Clean, adjust and lubricate car door or gate tracks, pivots, hangers, car grille and
stile channels.
j. See building representative. Correct all complaints and conditions recorded.
Perform necessary immediate repairs and adjustments approved by the Property
Manager.
k. Operate Elevator: (From inside the car under normal operations)
m. Car Top:
1) Clean, lubricate and adjust master door operator when conditions warrant.
2) Inspect car guides for wear and alignment. Lubricate sliding shoe systems.
Adjust guide tensioning and observe operation.
3) Inspect car and counterweight rope hitches.
4) Inspect counterweight assembly, alignment and rope tensioning/wear.
5) Inspect door engaging equipment, car and shaftway door top track
assemblies, safety interlock switches and operating linkages for physical
wear, dirt or other deteriorations. Clean, lubricate, and adjust systems when
conditions warrant.
6) Observe condition of upper slow-down, directional and final limit switch
devices.
7) Inspect wire rope conditions and equalization at a minimum of six (6) points
in shaftway.
8) Inspect hoistway landing, leveling and encoding equipment for alignment,
operation and physical condition.
9) Inspect top of car operating station, emergency exit cover, work lighting,
auxiliary safety switches, tapes and appurtenances.
n. Pit Area:
o. Miscellaneous:
1) Check all indicating lights, lanterns, gongs, audible and visible signals for
proper operation.
2) Check all hall push buttons and/or destination entry fixtures for proper
operation.
3) Verify that mandated emergency operation testing has been performed per
local law requirements or regulations as directed under this Agreement.
4) Record all inspection and lubrication procedures completed and issue copy
of check sheets or other recorded data to building management with written
recommendations for extra work procedures to be done by others or at extra
cost to the Owner by the Contractor.
6. Minimum Annual
a. Check controllers and selectors. Clean with blower, check alignment of switches,
relays timers, contacts, hinge pins, and other controller components, adjust and
lubricate. Check all resistance tubes and grids. Check oil in overload relays,
settings, and operation of overloads. Clean and inspect fuses and holders and all
controller connections.
b. In hoistway, examine guide rails, cams and fastenings, hoist and governor wire
ropes and counterweight. Inspect and test limit and terminal switches. Check and
adjust car shoes, gibs or roller guides. Lubricate hoist wire ropes in accordance with
OEM recommendations and/or applicable rules.
c. Clean all overhead beams, sills bottom of platform, car tops and hoistway walls.
d. Clean car light fixtures.
e. Thoroughly clean car and counterweight guide rails using a non-flammable or high
flash point solvent to remove lint, dust and excess.
f. Thoroughly clean the machine room, pit, top and bottom of car and all other elevator
components and areas.
g. Blow out or vacuum windings in rotational equipment, inspect apparatus for internal
damages, overheating or other deteriorations. Clean and service contaminated
brush riggings, inspect bearings and shafts for wear. Apply insulating varnish to
exposed windings and ensure all leads, connections or other electrical apparatus
are properly insulated. Inspect grounding provisions and take necessary actions to
correct deficiencies. Adjust bush settings, compounding and/or other apparatus to
ensure proper operation and efficiencies are maintained.
A. The control system shall be maintained to provide smooth acceleration and retardation.
Contractor must maintain elevators in accordance with the original equipment manufacturer
(O.E.M.) design performance specifications (including floor-to-floor times, door timing, rated
speed, group supervisory system, etc.). The door close pressure must never exceed 30 pounds.
The following performance schedule shall be adhered to:
New York City Health + Elevator Maintenance Specifications
Hospital
1. Contract Speed: The contract speed shall be provided for up direction travel with full-
capacity load in the elevator car. The speed in either direction under any loading condition
shall not vary more than 3% of the contract speed.
2. In accordance with the ASME A17.1 Code, the elevators shall be maintained and adjusted
to safely lower, stop and hold the car with a load of 125% of the rated capacity.
3. Leveling accuracy shall be measured under no load, balanced load, and full load
conditions.
a. Door opening times are measured from the start of car door opening until the doors
are one inch (1”) from the fully open position.
b. Door closing times are measured from the instant the doors begin to close until they
are fully closed.
5. Long door hold open time is measured from the instant the doors are fully open until closing
is initiated when the car makes a stop in response to a registered hall call.
Door dwell time for hall calls: 4.0 sec with Advance lantern signals
Door dwell time for hall calls: 5.0 sec without Advance lantern signals
6. Short door hold open time is measured from the instant the doors are fully open until closing
is initiated after the car made a stop in response to a registered car call when the light rays
are not interrupted.
7. Short door hold open time with interrupted ray is measured from the instant the doors fully
open until closing was initiated after the light rays were interrupted and reestablished during
the opening cycle.
8. Nudging time is measured from the instant the doors are fully open until the warning buzzer
sounds and the doors attempt to close even if the light rays are interrupted. Doors shall
close at a reduced speed.
a. Floor to Floor times are measured from the time the doors start to close, including a
typical one-floor travel and until the elevator is approximately level with the next
a. Horizontal and vertical acceleration within cars during all riding and door operating
conditions shall not exceed 15 mg in the 10 Hz range.
b. Acceleration and deceleration shall be constant and shall not exceed 4 ft/sec².
c. Sustained jerk shall not exceed 8 ft/sec³.
Measured noise levels in a moving car, outside the leveling zone, shall not exceed 53 dBa
under any condition including ventilation blower on highest speed.
2. In accomplishing the above requirements, the Contractor shall maintain a comfortable
elevator ride with smooth acceleration, retardation and a soft stop. Door operation shall be
quiet and positive with smooth checking at the extremes of travel. Performance
requirements indicated are minimum standards, and are not the sole criteria for judging the
Contractor's performance.
3. To maintain a comfortable ride, the Contractor shall maintain vertical alignment of guide
rails to a tolerance of 1/8” in 15’-0”.
C. Shutdowns for emergency minor adjustment call-backs shall be minimized. Verifiable shutdown
frequency shall be maintained at one (1) per unit per month or less based on the previous 90
days data.
D. The Contractor shall check and adjust the dispatching system and make necessary tests to
ensure all circuits and time settings are properly adjusted at least two (2) times per year, and any
time proper adjustment is required or questioned. Adjustments shall minimize the response time
to registered car and hall calls. Testing shall be conducted on Monday to Friday or Saturday
between the hours of 8:00 AM to 5:00 PM or midnight and 6:00 AM or as directed by the Facility
at no additional cost to the Facility/Corporation.
IN WITNESS WHEREOF, the parties hereto have duly acknowledged and executed this Agreement as of the
day and year below written.
OWNER:
By:
Title:
CONTRACTOR:
By:
Title:
Date of Execution
WITNESSED BY:
Date:_
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contact between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 26 (2001/08)
INSURANCE ADDENDUM
Maintenance Contracts
(Revision October 2006)
(A} All contractors and subcontractors who perform any on-site work for a maintenance
project for the New York City Health and Hospitals Corporation must provide the insurances
and satisfy the limits as specified in Schedule "A". The following listed insurances must be
provided for this contract:
(B) All policies must be provided by a company Licensed and Authorized to do business
in the State of New York. Verification and registration of licenses companies can be
obtained by contacting:
(C) The contractor must adhere to and comply with the following policies and rules for
insurances required for Maintenance Contracts with the New York City Health and
Hospitals Corporation.
2. If at any time it is determined by the New York City Health and Hospitals
Corporation that there is an insurance deficiency, the contractor could be
subject to immediate dismissal from the site and will not be able to return until
all contractual insurance requirements are satisfied.
The Contractor shall furnish an original Certificate of Insurance, showing New York
City Health and Hospitals Corporation as certificate holder, for this coverage
protecting the contractor, subcontractors, the City of New York and New York City
Health and Hospitals Corporation from claims for bodily injuries and/or property
damages which may arise from the operations under this contract, whether such
operations are by the Contractor or anyone directly or indirectly employed by the
Contractor, including subcontractors.
Policy Requirements
1. Limits
The Contractor has the option of obtaining an endorsement for the Commercial
General Liability Insurance coverage naming the New York City Health and
Hospitals Corporation and the City of New York as additional insureds instead
of providing an Owner's and Contractor's Protective Liability policy. If the
contractor obtains the endorsement to the Commercial General Liability policy
a certified copy of the actual endorsement will have to be provided to New
York City Health and Hospitals Corporation.
3. Endorsement
The endorsement that must be included in the Policy and of which a certified
copy must be submitted to the Corporation is listed below in quotation marks,
and must be provided exactly in the language stated:
The Contractor shall furnish an original Owners and Contractors Protective Liability
policy protecting the New York City Health and Hospitals Corporation and the City of
New York against claims for bodily injury and/or property damage which may arise
from the operations under this contract, whether such operations are by the Contractor
or anyone directly or indirectly employed by the Contractor, including subcontractors.
Policy Requirements
1. Limits
2. Named Insured
Named insured must read the New York City Health and Hospitals Corporation
and the City of New York.
3. Endorsements
The endorsement that must be included in the Policy are listed below in
quotation marks, and must be provided exactly in language stated:
b. NOTICE OF CANCELLATION
"The policy shall not be canceled, terminated, modified or changed by
the Company unless thirty(30) calendar days prior written notice is sent
to the Contractor and the Manager of New York City Health and
Hospitals Corporation responsible for the project, nor shall the policy be
canceled, terminated, modified or changed by the Contractor without
consent from the President of the New York City Health and Hospitals
Corporation."
The omission of the above endorsements or clauses called for on this policy will be
considered a cause for rejection of this policy.
The Contractor shall furnish an original Certificate of Insurance which protects the
employees of the Contractor in accordance with the Laws of the State of New York.
1. Limits
2. Endorsement
The endorsement that must be included in the Policy, and of which a certified
copy must be submitted to the Corporation, is listed below in quotation marks,
and must be provided exactly in language stated:
Within ten(10) calendar days after receipt of such notice, the Contractor shall
renew the Policy for the duration of the term of the contract including any time
extensions granted for the completion of contract work.
The omission of the above endorsements or clauses called for on the Certificate will
be considered a cause for rejection of this Certificate.
G. DISABILITY BENEFITS
(1) LIMITS
(3) ENDORSEMENTS
The endorsement that must be included in the Policy, and of which a certified
copy must be submitted to the Corporation, is listed below in quotation marks,
and must be provided exactly in language stated:
Within ten(10) calendar days after receipt of such notice, the Contractor shall
renew the Policy for the duration of the term of the Contract including any time
extensions granted for the completion of the Contract Work.
The omission of the above endorsements or clauses called for on the Certificate will
be considered a cause for rejection of this Certificate.
Owners and General Aggregate $1,000,000 1) One original 2, 3 E 1) Named insured to read New York City Health and
Contractors Each Occurrence Limit $1,000,000 policy Hospitals Corporation and the City of New York
Protective 2) Two(1) 2) Original endorsements to be included in policy
Liability submittal
Endorsements 3) Policy must be written on occurrence basis
Workers' Statutory Limit (i.e. unlimited in NYS) 1) One(1) Original F 1) If Workers' Compensation is obtained from the
Compensation/ Certificate STATE INSURANCE FUND, THE CERTIFICATE
Employers' Statutory Limit (i.e. unlimited in NYS) 2) One(1) Of WORKERS' COMPENSATION INSURANCE
Liability Endorsement form must be attached to the Certificate of
Insurance.
Disability as required by Disability Benefits Law 1)One(1) Original 2 G
Benefits Certificate
2)0ne(1) Endorsement
Endorsements
The numbers appearing in the fourth column - ENDORSEMENTS - of SCHEDULE A above refer to the endorsements specified below.
1. The Policy shall not be canceled, terminated or modified by the company unless thirty(30) calendar days prior written notice is sent to the insured by registered mail and
also sent to New York City Health and Hospitals Corporation Construction Administration, nor shall the policy be canceled, terminated or modified by the insured without
the written consent of the New York City Health and Hospitals Corporation.
2. The policy shallnot be suspended,voided,cancelled,non-renewedor reducedin coverage and or limits by the Company or the Insured unless thirty(30) calendar days prior
written notice is sent to the Insured also sent to New York City Health and Hospitals Corporation Construction Administration by certified mail,return receipt requested.
3. Notice of accident shall be given to the Insurance Company within thirty(30) days after notice to the President of such accident, or notice of claim shall be given to the
Insurance Company within thirty(30) days after such claim has been filed with the General Counsel, New York CityHealth andHospitals Corporation.Notice to the Insurance
Company by either party shall be deemed sufficient notice under the policy.
CERTFICATION BY BROKER
The undersigned insurance broker represents to the city of New York that the attached
Certificate of Insurance is accurate in all material respects, and that the described insurance is
effective as of the date of this Certification.
Day of _, 201