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Elevator Maintenance Agreement.
To: City of Port Angeles
321 east 5th Street
PO Box 1150
Port Angeles WA, 98362
, ,
(Hereinafter Purchaser)
For: Clallam County Historical Museum
2nd & Lincoln Streets
Port Angeles WA, 98363
By:
ThyssenKrupp Elevator Corporation
7006 27th Street West, Suite A
University Place, WA 98466
253-566-1751
UNITS TO BE MAINTAINED
Unit Quantity Manufacturer
One (1) ThyssenKrupp
Type of Unit Unit ID or Serial #
Hydraulic Passenger EP5928
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.
ThyssenKrupp Elevator
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ThyssenKrupp Elevator will perform the
following services:
Examine the elevator equipment for
proper operation. Our examination,
lubrication, and adjustment will cover
the following component groups and
related equipment of your elevator
system.
· Control and landing positioning
systems
. Signal fixtures
· Machines, drives, motors, govemors,
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
Refer to "Other considerations" section
for items not covered.
Lubricate equipment for smooth and
efficient performance.
Adjust elevator parts and components
to maximize the elevator's performance
and safe operation.
Relamp all signals as required (during
regularly scheduled visits).
Repair or replace components wom
due to normal wear Refer to "Other
consideratio'1s" section for items not
covered.
_X_ Test equipment as outlined in the
American National Standard Safety
Code for Elevators and Escalators,
ANSI A 17.1, current edition as of the
date this agreement begins (only if box
is checked). Once per year, we will
perform governor and safety tests on
traction elevators and relief pressure
tests on hydraulic elevators. You agree
to pay for any costs of the inspector or
inspection fees.
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professionals.
ThyssenKrupp Elevator-employed and
supervised elevator technicians, who
are among the most trusted in the
industry, will provide all maintenance
courteously and dependably. Our
elevator technicians receive ongoing
training in general equipment
development as well as advancements
made to your specific elevators.
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To help increase elevator performance
and decrease downtime, our technicians
utilize the latest industry 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.
Behind our technicians is a team
devoted to elevator excellence.
Technicians are supported around the
clock by a family of engineers and field
support experts. Our North American
technical support facilities continuously
research advancements in the industry
and in your equipment.
ThyssenKrupp Elevator maintains a
comprehensive parts inventory to
support our field operations.
Replacement parts are stored
throughout North America in
ThyssenKrupp Elevator facilities, and
are normally available as necessary.
Most specialized parts are available
within 24 hours, seven days a week. All
replacement parts used in your
elevators will be new or refurbished to
meet the quality standards of
ThyssenKrupp Elevator.
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ThyssenKrupp Elevator
We will visit your elevators on a
monthly basis. These visits will be
performed during normal business
hours, Monday through Friday, 8'00
a.m. to 4:30 p.m. (except scheduled
holidays). We will respond to callbacks
during these hours at no extra charge.
Callbacks are defined as minor
adjustments or repairs. Callbacks
outside of our normal business hours
and any overtime work or testing that
you request will be billed based on the
checked option below:
~ Callbacks outside of normal
business hours will be billed at
standard overtime rate. You agree to
pay for travel time for any overtime
service. Travel time for work outside
of routine examination shall be billed
at our regular rates.
On callbacks outside of normal
business hours, we will absorb the
worked hours at straight time rates
and you will be charged for the
overtime premium portion only,
including for travel time.
_ On all callbacks, we will absorb
overtime premium expenses.
In the event a problem occurs between
visits, our technicians will respond
promptly. You can reach us at our local
office or you may call our national
dispatch network at 800-803-2189. A
trained representative will handle your
call quickly and professionally.
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The price for the services as stated in
this agreement shall be One Hundred
Seventy-Five and no/100 Dollars
($175.00) per month, excluding taxes,
payable quarterly in advance. Non-
payment by the Purchaser of any
monies owing under this agreement
shall result in the accrual of interest on
the delinquent monies at the maximum
rate allowable by law. Time is of the
essence.
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Elevator Maintenance Agreement
1
This agreement is effective for seven (7)
year starting November 1. 2004 and is
non-cancelable, except with thirty (30)
days written notice for reasons of non-
performance. To ensure continuous
service, this agreement will be
automatically renewed for successive
five (5) year periods, unless either party
timely serves written notice upon the
other party of its intention to cancel at
least ninety (90) days before the end of
the initial seven (7) year penod, or
ninety (90) days before the end of any
subsequent five (5) year renewal period.
Notice shall be sent by certified mail,
return receipt requested. Time is of the
essence.
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 annual price.
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Travel time for work outside of our
monthly examination to be billed at our
regular billing rates.
Billing to commence Dec. 1, 2004.
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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.
You agree to authorize us to produce
single copies of any programmable
devlce(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 surveillance 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
of the 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 900F 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 o~ part of the equipment
during the term of this agreement. You
agree to accept our judgement as to the
means and methods to be employed for
any corrective work under this
agreement. In the event of the sale,
lease or other transfer of the elevator(s)
or equipment described 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
Page 3 of
the full unexpired term of the
agreement.
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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
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Elevator Maintenance Agreement
1
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, secunty
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.
Annual price adjustments. As the
costs we incur for prOViding elevator
service increase and decrease annually,
we will adjust the price of your service
accordingly on an annual basis. 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.
Annual increase not to exceed 10% in
any given year.
Overdue invoices. A service charge of
1 Y2% 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 term of this agreement due
immediately and terminate 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 of the suspension of
service.
Non-performance. "Non-performance"
is defined as our inability to remedy any
deficiencies within thirty (30) days after
receiving written notification from you.
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 of the
unit(s). We shall not be obligated to
service, make renewals or repairs upon
the equipment by reason of
obsolescence, misuse of the 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
Page 4 of
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.
In the event a third party is retained to
enforce, construe or defend any of the
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
ar.orney's fees.
You hereby waive trial by jury and do
further hereby consent that venue of any
proceeding or lawsuit under this
agreement shall be in Pierce County in
the State of Washington.
In the event any portion of this
agreement is deemed invalid or
unenforceable by a court of law, public
policy or statute, such finding shall not
affect the validity or enforceability of any
other portion of this 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.
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Your acceptance of this agreement and
its approval by an authorized manager
of ThyssenKrupp Elevator 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 wnting and properly
executed by both parties. Should your
acceptance be in the form of a purchase
order or other similar document, the
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Elevator Maintenance Agreement
1
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.
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Accepted:
THYSSENKRUPP ELEVATOR
CORPORATION
7006 27th Street West, Suite A
University Place, W A 98466
Tele: 253-566.1751
~~
(Signature of ThyssenKrupp Elevator
Representative)
By:
Karen Weinstein
Title: Account Manaqer
Date:
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Title:
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(Printed or Typed Name)
D I('CJ-tII- qrplJf1F:-!; J1-,.c9 Recreevf. ~
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Date:
ThyssenKrupp Elevator Approval:
By:
(Signature of AuthOrized Individual)
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Title:
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ThyssenKrupp Elevator
.
December 9, 2004
City of Port Angeles
Attention: Marc Connelly
PO Box 1150
Port Angeles, W A 98362
Reference: Clallam County Historical Museum
Dear Marc:
Enclosed please find a fully executed copy of the contract for elevator
maintenance at the above referenced building. This copy is to be retained for
your files.
We would like to take this opportunity to thank you for awarding this contract to
ThyssenKrupp Elevator. We look forward to providing you with the best available
preventative maintenance for your elevator.
Should you have any problems or questions in regards to this account or elevator
in general, please feel free to contact me at anytime.
Sincerely,
\ -
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u- UL~ \.. @::.J
Karen Weinstein -
Account Representative
THYSSENKRUPP ELEVATOR CORPORATION
KW/rl
Enclosure