HomeMy WebLinkAbout000819 Original Contract �itY of Port ^noolc-s
Record #0008'19
To Port Angeles City Hall Tim Smith
Owner Representative
321 East 5th Street
Port Angeles,WA 98362 Contracts/Projects Administrator
Title
For Port Angeles City Hall Dean N. Riley
5th Street
321 East Offs RepresentaBve Deon N. Riley
Port Angeles.WA 98362 —March 22. 1995
Date
Otis Elevator Company proposes to fumish Otis Extended Coverage Maintenance on the following equipment("Units").
TYPE OF UNITS MACHINE NOS.
One(1)Otis LRV 2500 Hydraulic Passenger Elevator 409777
THIS PROPOSAL,including the provisions contained on the pages following,when accepted by you below and approved by our
authorized representative,shall constitute the exclusive contract between us for the services to be provided hereunder,and all prior
representations or agreements not incorporated herein shall be superseded.Any purchase order issued by you In connection with the
services to be provided hereunder shall be deemed to be issued for your administrative or billing Identification purposes only,and the
parties hereto intend that the terms and conditions contained herein shall exclusively govern the services to be provided hereunder.
This Contract may not be changed,modified,revised or amended unless in writing signed by you and an authorized representative of
Otis.
THIS QUOTATION is valid for ninety(90)days from the date of this proposal
CUSTOMER Accepted in duplicate on__ June 1 . 19 95
Name: �CITTX-OF PORT ANGELES
By. Timothy J. Smith Title: Contracts/Projects Administrator
O Principal or Owner,
�7 Agent for Principal or Owner CITY OF PORT ANGELES
(Name of Principal or Owner)
APPROVED FOR OTIS ELEVATOR COMPANY
James Christensen (Authorized Representative)
Manager of
Title: Contractuat Processing Date: 7
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Under this Contract we will maintain the Units on the following terms and conditions:
MAINTENANCE We will periodically and systematically examine the Units using trained personnel directly employed and super-
vised by us.The examinations will include inspection inspection,lubrication,adjustment,cleaning,and,if conditions warrant,repair
or replacement of the following parts:
■ Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts,
linings and component parts.
■ Motors and motor generators,motor windings,rotating elements,commutators,brushes,brush holders and bearings.
Pumps,pump motors,operating valves,valve motors,leveling valves,plunger packings,exposed piping,hydraulic fluid tanks.
■ Controllers, selectors and dispatching equipment, relays, solid state components, transducers, resistors, condensers, power
amplifiers,transformers,contacts,leads,dashpots,timing devices,computer and microcomputer devices,steel selector tapes,and
mechanical and electrical driving equipment,lamps,signals,and position indicating equipment.
■ Govemors,governor sheaves and shaft assemblies,bearings,contacts and govemor jaws,deflectors or secondary sheaves,
bearings,car and counterweight buffers,car and counterweight guide rails,top and bottom limit switches,governor tension sheave
assemblies,compensating sheave assemblies,counterweight and counterweight guide shoes including rollers or gibs.
■ Hoistway door interlocks and hangers,bottom door guides and auxiliary door closing devices.
■ Door operators,car door hangers,car door contacts,door protective devices,load weighing equipment,carframes,car safety
mechanisms,platforms,wood platform floorings,car guide shoes,including gibs or rollers.
In addition,we will replace all wire ropes as often as necessary to maintain a sufficient factor of safety.As conditions warrant,we will
equalize the tension on all hoisting ropes,resocket ropes for drum machines,and repair or replace conductor cables and hoistway
and machine room elevator wiring.
PERFORMANCE We will make adjustments to the Units in accordance with original Otis specifications to maintain the original
contract speed,the original performance time,including acceleration and retardation as designed and installed by Otis,and perform
the necessary adjustments required to maintain the original door opening and closing time,or as otherwise mutually agreed within
limits of applicable codes.
We will check the group dispatching systems and make necessary tests to determine if all circuits and time settings are properly
adjusted, and make adjustments necessary for the system to perform as designed and installed by Otis,or as otherwise mutually
agreed within limits of applicable codes.
SAFETY AND TESTS We will periodically examine all safety devices and governors of the Units. We will, for elevator Units
conduct our customary annual no load test, and,for traction elevator units, perform at each fifth year a full load,full speed test of
safety mechanisms,overspeed governors,car and counterweight buffers.If required,the governor will be recalibrated and sealed for
proper tripping speed, and elevator car balances will be checked. For Units provided with firefighter's service,we will perform and
keep a record of the periodic test that is required by applicable code as of the date of this Contract.
PARTS INVENTORY AND WIRING DIAGRAMS We will during the term of this Contract maintain for the performance of routine
preventive maintenance,either in each elevator machine room or as part of our examiner's mobile van inventory,a supply of
frequently used replacement parts and lubricants selected by Otis to meet the specific requirements of the Units.Any parts replaced
under this Contract will be with new parts manufactured or selected by Otis or with parts refurbished to Otis standards.All replace-
ment parts will be furnished by us in exchange for the parts replaced.We further agree to maintain a supply of replacement parts in
our local parts warehouse inventory and the Otis Service Center,available for express delivery in case of emergencies.
We will also during the term of this Contract maintain original Otis wiring diagrams for the Units.
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RELIABILITY We 0/correct any failures which take any Unit out of service within two(2)regular Otis workdays from the day we
receive notification of the failure. If the Unit is not back in service by such time,as your exclusive remedy you may request that we
credit you in the following month the amount of the monthly maintenance payment allocable to the Unit,prorated for the period the
Unit was out of service beyond such time.This provision shall not apply to pre-scheduled repairs, repairs delayed for any cause
excused elsewhere in this Contract,and repairs to any item or resulting from any cause excluded elsewhere in this Contract.
24-HOUR OTISLINE®SERVICE We will provide you with our OTiSLiNE,24-hour,year round dispatching service manned by Otis
personnel.In the event a Unit malfunction occurs between regular examinations,our OTISLINE customer service representative will,
at your request,dispatch an examiner to perform emergency minor adjustment callback service.
RESPONSE We will,after a call for service is received by our OTISLINE dispatching center,have an examiner on your premises on
the average within the times set forth below for calls received during regular business hours and for calls received outside our regular
business hours.For the purposes of this provision,such averages will be calculated annually on an aggregate basis for all Units for
all such calls received during the 12-month period between any two consecutive anniversary dates of the contract.
If during any such 12-month period the average response time exceeds that set forth below, as your exclusive remedy you may
request that we credit you in the month following such 12-month period an amount of$450 per gearless elevator Unit,$251) per
escalator Unit and geared elevator Unit and$150 per hydraulic elevator Unit.
QUALITY CONTROL We will have an Otis maintenance supervisor perform an annual survey of the Units to verify that the Units
conform to Otis requirements for maintenance quality and safety. In addition, during the term of this Contract we will maintain
callback and repair data on each Unit,a record of routine maintenance examinations, and periodically conduct field audits of our
personnel to maintain high Otis quality standards.
Our field engineers will provide technical assistance, new technical information,and code consultation to support our maintenance
organization.
CUSTOMER SERVICE We will assign a representative to your account, who will periodically visit your building and will be
available for consultation in any matter relating to the maintenance of the Units. Our Service Representative will be available to
discuss with you your elevator needs in the areas of modernization,traffic handling ability, recommendations and requirements of
code authorities,and proper use and care of the Units.
REPORTS We will,at your request,provide you with a copy of our standard monthly Customer OTISLINE report of service calls for
the Units,listed per Unit,which were received by our OTISLiNE dispatching center.
We will,at your request and at mutually agreed times,provide you with an evaluation of your elevator system's response to traffic for
Units which are controlled by a group dispatching system using our OTISCHEK®system and/or OTISPLAN®services.These reports
will provide statistical data on average waiting times per elevator bank and per floor during the course of a normal workday in your
building.
CLARIFICATIONS it is agreed that we do not assume possession or control of any part of the Units,that such remains yours solely
as owner, lessee, or agent of the owner or lessee,and that you are solely responsible for all requirements imposed by any federal,
state or local law,ordinance or regulation.
You agree to provide us unrestricted ready access to all areas of the building in which any part of the Units are located and to keep all
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machine rooms and pit areas free from water, stored materials and excessive debris.You agree to provide a safe workplace for our
personnel,and to remove any hazardous materials in accordance with applicable laws and regulations.
If any Unit is malfunctioning or in a dangerous condition, you should immediately notify us using the 24-hour OTISLINE service.
Until we correct the problem,you agree to remove the Unit from service and take all necessary precautions to prevent access or use.
You agree to maintain any and all instructions or warnings to passengers in connection with the use of any Units.
If any part delivered hereunder incorporates computer software, you agree that the transaction is not a sale of such software but
merely a license to use such software solely for operating the Unit(s) for which such part was provided. By accepting delivery of
such part you agree not to copy or let others copy such software for any purpose whatsoever,to keep such software in confidence
as a trade secret,and not to transfer possession of such part to others except as a part of a transfer of ownership of the Unit(s)in
which such part is installed,provided that you inform Otis in writing of such transfer and the transferee agrees to abide by the above
license terms.
We will not be responsible for car enclosures (including but not limited to wall panels,door panels, car gates, plenum chambers,
hung ceilings,lighting,light diffusers,light tubes and bulbs,handrails,mirrors and floor coverings),rail alignmentwhen affected by
building compression or shifting,hoistway enclosures,hoistway gates,hoistway inserts and brackets,main line disconnect switches,
doors,door frames,sills,swing door hinges and closing devices,hydraulic cylinders, plungers and buried piping.We will also not
be responsible for computer and microcomputer devices, such as terminal keyboards and display units, that are not exclusively
dedicated to the elevator system,telephones,intercoms,heat or smoke sensors or communications or safety signalling equipment
not installed by Otis, or instruction or warnings in connection with use by passengers.
We will not be required:(i)to make any tests other than as specifically set forth herein,(ii)to make any replacements with parts of a
different design or type,(iii)to make any changes in the existing design of the Units,or(iv)to alter,update,modernize or install new
attachments to any Units,whether or not recommended or directed by insurance companies or by governmental authorities.We will
not be required to make any replacements, renewals, or repairs necessitated by reason of any cause beyond our control except
ordinary wear and tear, including but not limited to fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse,
abuse,malicious mischief, or repairs by others.
TERMS The Term of this Contract will be for five(5)years beginning on the Commencement Date.The Contract will automatically
be extended at each fifth anniversary for an additional five(5)year term unless terminated by either party by giving written notice to
the other parry at least ninety(90)days prior to the end of the then current five(5)year term.
All examinations and repairs will be performed only during our regular working hours of our regular working days,unless indicated
otherwise in the Special Provisions.All lamp and signal replacements or repairs will be performed during regular examinations.
This Contract includes emergency minor adjustment callback service during our regular working hours,unless indicated otherwise in
the Special Provisions.
If overtime examinations, repairs or emergency minor adjustment callback services are later requested by you,you will be charged
extra only for the overtime bonus hours at our regular hourly billing rates.
We shall not be liable for any loss,damage or delay due to any cause beyond our reasonable control including,but not limited to,acts
of government, labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism,
misuse,abuse,malicious mischief or acts of God.
Under no circumstances shall we be liable for any indirect,special or consequential damages of any kind including, but not limited
to,fines or penalties, loss of profits,loss of rents, loss of good will, loss of business opportunity,additional financing costs,or loss
of use of any equipment or property,whether in contract,tort, including negligence,warranty or otherwise.
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0 Otis Elevator Company 1990
s e
RESPONSE TIMES The average response time during our regular business hours shall be two and a half(2.5)hours
and the average response time outside our regular business hours shall be three and a half(3.5)hours
CONTRACT PRICE The Contract Price shall be Two hundred thirty-five dollars and 00/100
Dollars($ 235.00 )per month.Payments shall be made on a quarterly Isis,due on the first day of
each such billing period,beginning on the Commencement Date.
The Commencement Date shall be Junb 1 , 19 9 5
You will also pay, in addition to the Contract Price,any tax(including but not limited to sales,use or excise tax)imposed upon us,
our suppliers or you by any existing or future law,statute, court decision, rule or regulation In connection with the services to be
provided hereunder or the installation or replacement of any parts or materials by us hereunder.
You further agree to pay a charge calculated from the date of invoice at the rate of 11/2%per month,or the highest legally permitted
rate,whichever is less,on any balance past due for more than 30 days,and for all legal costs(including but not limited to attorney's
fees)incurred by us to collect overdue amounts.
PRICE ADJUSTMENT The Contract Price shall be adjusted as provided below to reflect increases or decreases in material and
labor costs. Each price adjustment shall be effective as soon as practicable after a change in the applicable straight time hourly labor
cost.
A. Twenty-three dollars and 50/100 ( $23.50 1 of
the original Contract Price shall be.increased or decreased by the percentage of increase or decrease shown by the index of"Producer
Commodity Prices for Metals and Metal Products"published by the U.S.Department of Labor,Bureau of Statistics during the month
within which such adjustment occurs compared with the index for January 1, 1995 which was 133.1
B, Two hundred eleven dollars and 50 1100 ($211.50 )of
the original Contract Price shall be increased or decreased by the percentage of increase or decrease in the straight time hourly labor
cost for the month within which such adjustment occurs as compared with such straight time hourly labor cost
on July 1, 1994 which was$ 33.85 of which
$ 9.15 is the cost of fringe benefits.
The phrase"straight time hourly labor cost"means the sum of the straight time hourly labor rate paid to elevator examiners in the
locality where the equipment Is to be maintained,and the hourly cost of fringe benefits provided for in the labor bargaining agreement
covering the examiners who perform the service. These include, but are not limited to,the industry Pension and Welfare Plans,group
Life Insurance,Sickness and Accident and Hospitalization Insurance and Vacation and Holiday pay.
No adjustment shall be made within the first six months after the commencement date and no more than one adjustment shall be
made In any calendar year,or, if the commencement date is the first day following expiration of new or modernization installation
service,this contract shall be adjusted as of the commencement date and only one adjustment shall be made in any calendar year
thereafter.
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SPECIAL PROVISIONS
Indicate the supplements to the Contract by checking the appropriate boxes.
❑ ESCALATOR SUPPLEMENT(ATTACH FORM 3200-S1)
❑ TRAV 0-LATOR®SUPPLEMENT(ATTACH FORM 3200-S2)
❑ REM®SERVICE SUPPLEMENT(ATTACH FORM 3200-83)
❑ EXTENDED TERM SUPPLEMENT(ATTACH FORM 3200-S4)
❑ SPECIAL EMERGENCY SERVICE SUPPLEMENT(ATTACH FORM 3200-S5)
❑ ADVANCE PAYMENT DISCOUNT SUPPLEMENT(ATTACH FORM 3200-S6)
TRAVEL TIME
For each callback we will absorb the cost of all regular time hours spent at the building. You are to pay us extra at our
regular billing rates for all travel time to Port Angeles(single time hours and overtime bonus hours)and travel expense
involved with the callback.
REDUCED USAGE
Reduced elevator demand and a similar reduction of the required maintenance will decrease the contract price, resulting
in a current price of$164.50 per month. The contract price will be invoiced semi-annually and payable in advance.
This discount is allowed as long as the present reduced elevator demand continues. If elevator performance,ordinance,
code or inspection authority demands increased maintenance, the service and monthly contract price will be adjusted
accordingly.
No other discounts are applicable if this option is selected. Likewise, response and reliability commitments on the
foregoing pages are excluded. Relief valve tests and any tests to satisfy inspection authorities are excluded from the
scope of the agreement if this option is accepted. Should you request overtime callback response,you will be invoiced
at our standard billing rates for all regular and premium labor hours, including travel time and expense. All other terns
and conditions of this agreement remain unchanged.
Following a change in ownership or management of the building, property or facility, this option will be extended only
if the elevator demand is unchanged and this entire agreement is accepted by the new owner or management.
Accepted June 1 , , 1995
By Nv -.�
Title , Contract/Projects Administrator
Accented by Otis Elevator Company
Date 7Z:S
B �Grstti!
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0 Chia Elevator Company 1990