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Home My WebLink About4685 Contract Number: 4685 Vendor: THYSSENKRUPP ELEVATOR Subject: Maintenance - Harborside Department: Facilities File Class: LEG 12 -1 Begin Date: 8/4/2005 End Date: Review Date: 6/15/2010 Vault Date: 1/1/2012 Comments: Copy of agreement received from Facilities 1/08 - New Contract 2010 ;rl1yssen Krupp Elevator Purchaser. City of Bremerton 100 Oyster Bay Avenue North Bremerton, WA 98312 Location: City of Bremerton Harborside Facility 100 Washington Avenue Bremerton, WA 98312 By: ThyssenKrupp Elevator 7006 27th StreetW Suite A University Place, WA 98466 . Platinum Maintenance Agreemtmt PLATINUM MAINTENANCE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment. Unit Quantity Manufacturer Three (3) TKE ThyssenKrupp Elevator Elevator Maintenance Agreement Units To Be Maintained Type of Unit Unit 10 or Serial # Roped Hydraulic ER2849-50; 8629 co ... ,,-" . 'A._ ii... ., ~. Page 10f5 Number of Stops 3to6 y JhyssenKrupp Elevator , " . PlatinumM~inlenance Agreement' . Preventative Maintenance Program Examine your elevator equipment for optimum operation. Control and landing positioning systems Signal fixtures Machines, drives, motors, governors, sheaves, and ropes Power units, pumps, valves, and jacks Car and hoistway door operating devices and door protection equipment Loadweighers, car frames and platforms, and counterweights Safety mechanisms Lubricate equipment for smooth and efficient performance. Adjust elevator parts and components to maximize performance and safe operation. Document all work performed on Maintenance Tasks & Records logs provided with each controller. Full Coverage Parts Replacement Relamp all signals as required (during regularly scheduled visits). Repair or replace components worn due to normal wear. Referto "Other considerations' section for items not covered. Quality Assurance To help increase elevator performance and decrease downtime, our technicians utilize the latest industly methods and technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation of your elevator equipment. AnnualSafirtyTesting Test equipment as outlined in the American National Standard Safety Code for Bevators and Escalators, ANSI A17.1, current edition as ofthe date this agreement begins. We will perform governor and safety tests on traction elevators once per year and relief pressure tests on hydraulic elevators once per year. You agree to pay for any costs ofthe inspector or inspection fees. Service Hours & Service Requests During Normal Working Hours We will visit your elevators on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday, 8:00 am to 4:30 pm (except scheduled holidays). We will respond to service requests during these hours at no extra charge. Service requests are defined as minor adjustments or emergency entrapments. After Hours Service Requests On service requests outside of normal business hours for services covered under this Agreement, we will absorb the straight time costs of labor, and you will be responsible for the difference between the straight time costs and overtime costs of labor. Labor costs include travel time, travel expenses, and time spent on the job. ~~~'))y';' ~~F"~ Elevator Maintenance Agreement Page 2 of5 ,ThyssenKrupp,Elevat()r ' , ~', PlatinumM,a,intenance Agreeme'nf, Price. The price for the services as stated in this agreement shall be Nine Hundred and noj 100 dollars ($900.00) per month, excluding taxes, payable quarterly in advance. Tenn. This agreement is effective for five (5) years starting July 9, 2005 and is non-cancelable, except with thirty (30) days written notice for reasons of non- performance. ftNon-perfonnance" is defined as our inability to remedy any deficiencies within thirty (30) days after receiving written notification from you. ;e. IlAGYAI GQAtiAUQYIl G8MS8, tllis agAl8Al8At 'tAli b8 aut8Alatieally r8118'::911 fer 5ueeessi'.'e f1'..e (Ii) year Ilel'iells, Ilftless either lieit', tilfleJ~ 3efl,e3 ..riMen notiee nllon t~ , ,~ '. a . tj'J8 (Ii} year A1A8'lJal fl8R8d. NQijS8 sllilll be seAt by eeftifiell Alail, fetllrll reeeipt H!f1ueskld. Hille i9 efthe e55~noe.. ~ TI{ Early Payment Discount. If you pay in advance for twelve (12) months of service on the units covered in this agreement, you may take a 3% discount from the annuar:t~1 price. Annual Price Adjustments. As the costs we incur for providing elevator service may increase, we will adjust the price of your service accordingly, annually, effective on the date a field labor increase is implemented, We will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. Pricing may also increase or decrease in the event the equipment is modified from its present state. Overdue Invoices. A service charge of IIf.!% per month, or the highest legal rate, whichever is less, shall apply to overdue accounts. If you do not pay any sum within sixty (60) days from the billing date, we may also choose to do one of the following: 1) suspend all service until all amounts due have been paid in full, or 2) declare all sums for the unexpired tenn of this agreement due immediately and tenninate this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for damages or injuries to persons or property from the lack of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator of any costs we incur as a result ofthe suspension of service. TIme is of the essence. Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Bevator will constitute exclusively and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an authorized ThyssenKrupp Elevator manager. ThyssenKrupp Elevator Company: BY./< ~ (Signature of Authorized Individuals) .r.;U ( gnature of Authorized IndIViduals) ThyssenKrupp Elevator Approval: By. ~ ThyssenKrupp Elevator Sales Rep Karen Weinstein Wayne Hamilton 6t~ M. rV/.-"it__ (Printed orTyped Name) (Printed or Typed Name) (253) 566-1751 g - (/- 0 S - August 3, 2005 "F loy /) s- (Date of Submittal) (Date of Approval) (Date of Approval) C. ",\:\ilfD,r; V""" ,t,,' ,~\ -" -{ I, ' t" ~.' '\...A . ~",,4- , , , ~ ,......... Elevator Maintenance Agreement Page 3 of 5 . . ThYsSenKruppElevator- . . Platinum Maintenance Agreement . Product Information. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You agree to authorize us 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 your property. . Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued sUlveillance by competent . personnel to detect irregularities between elevator examinations. You agree to report immediately any condition that may indicate the need for correction before the next regular examination. You agree to shut down the equipment immediately upon manifestation of any irregularities in operation or appearance ofthe equipment, notify us at once, and keep the equipment shut down until the completion of any repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel a safe place in which to work. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place in which to work. You agree to provide a suitable machine room including secured doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 500F minimum to gOOF maximum. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part ofthe equipment during the term of this agreement. You agree to accept our judgment as to the means and methods to be employed for any corrective work under this agreement, including that you agree ifThyssenKrupp Elevator's inspection of a piece of equipment serviced under this Agreement reveals an operational problem which jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether the proposed solution is covered by the terms of this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such successor is made aware of this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination as herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term ofthe agreement. ..J 5e~=~~=n:::~==~::~==i5E # f-eml'cr :lG'llllt lhyGtenKry.pp Ekr-ramr, OY~ oftic~R:, "2e,* a.nd. 9Rlployees wm 3Ad. ~3\Il& allY and all 61allR6, demands, s~ and pF9ll8edl~ nllre:gllt a/:lmR&t .. er any etlleR: iR Genne!ltioR witll tile pFeSeRSe, IIS0, mislIse, maiAtenanGe, ill5tallation, relRe':al, lRanllfaetllre, design, alteration or eandition of the elltlip"'IlM 1 n 1 L'n\l'il''iltll;lytllili allRl9m9'1t. orthe aillol:iated :ueaE EYFRlIIRding 611611 eqlliltmellt. Yellr dlltyte indelRnify dees nat Sillily te elahM sr ISS!l8s deter",ined ts be 8stlsed h~ er resulting treFII the negligenee of lIlyssenK."1I1I11 Qe'Jater er ellr employeos. YOII FeGogRi:m th3t )'Qllr obligatioA tQ 11l)l$'t9nKq'PP ~"'-n. "ntf". th;<" "''''''if' M 1J iRe/lidos paymont ef all attomlly's fees, GOllrt 6ests, jlldglRellts, setUelReRts, illterest andeJij ether el!lIe"3e3 6t Iitigfltie" eri3i", aut tlf 3t1ch e1l1i......... 111...)..:1:4. 'l1{i(f. IA6I1FaR6e. '(.ell 9Jillrassly agree to Ramo lIlysseAKRlpp r;:lw:ator as an addil:ienal iA511red in yeur Iiallility and an~ exeess (lIF11lnelle) lieBilit) instlrance lIalil>,){:~. in i iYGII iASllranGO mll& iREYf9 liE fer tllo,o slaims or 10SEO& refof9nGed in tile allo"o paragrapll, aRd fer Glaim& er 10&60& aFiGiAg from tile &ele Aeg/igoAle 8f TllyssenKrull1l Cle\'Mer 8. DtI, &mllleyt&3. V611 hereby ~mi~e tht righl M J..h...tblivn: Items not covered. We do 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, communication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. Other conditions. With the passage of time, equipment technology and designs will change. We will not be required to make any changes or recommendations in the existing design or function ofthe unit(s). We shall not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse ofthe equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch{es), theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes, lockouts, acts of God, or any other reason or cause beyond our control. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded component at your expense. We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, any governmental agency or authority, or any third party. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been made. We shall not be liable for damage to the building structure resulting from the performance of safety tests. Should the respective system fail any of the required tests, it shall be your sole responsibility to make necessary repairs and to place the equipment in a condition that will be acceptable for coverage under the terms of this agreement. ThyssenKrupp Elevator shall not be liable for any loss, damage or delay caused by acts of govemment, labor, troubles, strikes, lockouts, fire, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any damages, nor any consequential, special, or indirect damages. ThyssenKrupp Elevator shall automatically receive an extension of time commensurate with any delay regarding the aforementioned. In the event a third party is retained to enforce, construe or defend any ofthe terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. V.lIllerolly'''ai''etFialllyjy~ ~ ~ ~I{V ~ In the event any portion of this ag~~~ntU1med inJa1i1ror u~e'fi~rceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion ofthis agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. C.,. ca7""\'~.f~:';'/.1 . "',~.~ )~ t.-d./ L' ':s& ",,,d.' .J Elevator Maintenance Agreement Page 4 of 5 .' ThyssenKrupp'Elevator ,. - . -, '. ,-. ,. . -, . '- , . , Platinum: Maintenance-Agreement - . ." . Other Special Considerations SoundNet Through its SoundNet communication center, ThyssenKrupp Elevator will provide 24-hourtelephone monitoring on all elevator(s) maintained under the maintenance agreement, provided such elevators are equipped with operational telephone equipment. SoundNetwill receive incoming emergency telephone calls from the elevator(s) and forward same to Customer's designated emergency contacts. It shall be the responsibility of Purchaser to submit an executed Contact Data Sheet (attached as Exhibit 1 hereto) to enable this service, and to advise ThyssenKrupp Elevator immediately in writing of any changes to the emergency contacts during the term of service. Purchaser understands that no revision to emergency contacts will be made without ThyssenKrupp first receiving such request in writing. SoundNet service does not include maintenance service for Customer's telephone equipment. Customer retains possession and control of its telephone equipment and is responsible for ensuring uninterrupted operation ofthe telephones. Sound Net service cannot be provided without a properly functioning telephone. ThyssenKrupp shall not be held responsible or liable for any claim, injury, delay, death or detention of loss of life, or loss of property resulting from telephone equipment failure, false alarms or interruption oftelephone service. ThyssenKrupp does not assume any duty or responsibility to advise any callerto take or not take any specific action resulting from an emergency, perceived emergency or any other situation including, but not limited to, entrapment of persons, evacuation, repair or return to service of any equipment. If SoundNet is unable to reach Customer's designated emergency contacts, a service mechanic may be dispatched to the site at Purchaser's expense in accordance with ThyssenKrupp's applicable billing rates. Purchaser agrees that it is within the reasonable discretion of SoundNet service operators to dispatch a mechanic or contact emergency personnel if Customer's designated emergency contacts are unavailable. Customer agrees to pay all changes for services provided by any person, organization or municipality contacted as a result of any emergency or perceived emergency call. Notification of annual increases will be made to the City of Bremel1:on in writing thiry (30) days priorto the increase. ~f'?'~iJ'~'~ ir; " ,/''':;~ ," ,. '"1"." e'i""':" I' \'f 'U,!'.,,I ',", --:1 j ..' "1 >..n'~,,47 " ;-,;i"~ Elevator Maintenance Agreement Page 5 of 5