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HomeMy WebLinkAbout5.695 Original Contract LB~ip_h ~yke[ -' .ciiY~Ane\yFM _d2C '-5. "/}5'" ... 'pa-"e'-11 ' ~-"I. . ., ... - . ~g___ ,. I 1 ' 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 lli~lpl1'pyk!3L~_c[ty?AneWfM;~2~ :. ~.. , - --, -'--'r .' pag.~._2., ;;o({'~~ilita6Ie~itt'a'inf~h(i'ffB~:, .' . ~ '..l.l-l,R ~'f"..~,~ .~l,rl:'_~r,~<.;r,-<:."" '.''',1.>", v '"''''' J, If 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. '''B"';{f1rg';~l'' ~'t"" >':;'ne'cf~;':.'.';: : ~~";.: \;;,::,:Y~J' " YJ,.. n 'It; <,r~J ,~~ v",I:'f.~\r" ~,~~}~~; "it/-::' "', :T-"fi-"~): >7fi,$'t;.l,\\,.~.t.:Kf' ~".!.';" tt;.,.y'rt'E'I'%"'~'1.':iYt~'j~~1"kJ..''':,",-fc' d',;.1 ,.j "y'~~.e.':L.r:~Hm_J ~,v~ ~or,,\:.'/:,":"::? professionals. ThyssenKrupp Elevator-employed and supervised elevator technicians, who are among the most trusted in the industry, will provide all maintenance courteously and dependably. Our elevator technicians receive ongoing training in general equipment development as well as advancements made to your specific elevators. ,,,,,"_ '<j;' l... J\ d_....' '.. "f\ ,!t"'F'I,t-, :\WilJ-His's(fi'anc"- (~'f''''f..'!G }'J",~&:ifi';..'f:'-}\-~".,+:J,~"'" :;:1;1'1" sS,'enKi;l:i ':./;dl*.t,,;Y:~ll ;:"tIAt;lr~l- :?41~:&..~. . 'stahda:r.a~of!< D., l)..~I~f$""(I""~..;l'..."" ~;>>"J:,.t',~...:,..;'9 '.l/....-;...."rf_ -'>.~Ij 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. , ~ "'f~ \ , "..I:' . ""-,.;;, !~"\-(( l!~ ~ .),~ ;>i~t'r,r.~;,,,,~ i;""-lI",~.. .:~J.~' ..."': F~, ;\t! n:,~:<~!,m~!~~~~~\r~,~Rg~~J~~1~;.~::::: :;, ~ma r:t~I1~~~~~4Y~~;r'~~~)::;~ ~:~':~~;:::f {~J',t:~Cii:::;:~'~~ ;:~i :~;rj.' 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. ~f!^~t:;tl' '\Pi''! (t;""'~'''-'~''''l t ~'ll'-l~/;.~"1{.:~t.l;t t"')~ ;,,";'~ '~\.('...:. t:t ~ t~ '~'~~V~~.:<2iQ~~~~k~lg~~;:;~~.~I;~~d$;;~:~~;:~ 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. lli -.., ,."" -- ,. .., - '.",-" - - . ;.Ralph,pylZe.r - cJtYPAnewF.r-.1.goc _ ~ - .....~-~... ""1 ..!:~g~..~ i 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. . S"" 'ec'i~i1lcO'ridi.tiofts;:, ',~. ,:' , ;;'; , II? ,..,~~~ . 'J~- ,~, . , , , . - , ,c~ _ i' , ' J, '<; Travel time for work outside of our monthly examination to be billed at our regular billing rates. Billing to commence Dec. 1, 2004. :~Yo lf~rr~sS~n~iS~i f iti~es ~~!,,~: ~~'i~~.[~'\~r;!~(: "'!.I J:''''C .:: "_~,F"'J~,....",,. ,.Jr.:'I~-G"(.f'-:' ,...A ,',- ~~ ~ , I' .>\1.4 !, .- ~ ,.'! , . r, 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. II, VJIIl!iiLl~I;"tlilJlI uf Tliysl!iIolIIKIYPI'l EI"""aL.1 1""'1 rVllllillY LI HlIl!i"'1 . i\i"'l!i 11I~113J.H. s~e:iae::!, }:u *::pleul) ~9111l~ !I,delllllif}, Jel'l"IIJ, ~<I '" 11.0111111"'1>&, di~ 11"'9", 1..I..a..e ""!;! f Ie .., ..~"I"'il TII}....~I,I(II;It'lj:: [::Ie atJr, :ur ;:ffi:el'!, aa~...I~ an::! elllI5k>}~~~ fr:II' .11,;1 ~gaillst all) an::! all :Iailll', ;lellldll I... " l;t~. ..lid pr~~eeaiflQs tlF:b1Qht agaillst u~ 11I1111'-1))lh~S jf aliI) I,alule l,aI.D~, in:1 i:lil,g 1:'11 1:1 Iilllild t: I:u, dlilmliQ', il5ljl;ll'} Q r c:leath that .r~ allerJed. to R....(' Elri'(fl from ()r ell"'a~A 10 R" i.. rnr-:tFlIilP"tin'i itA (:lllf' rF-,c-R--. 11'( J IlIi~117~. 1I.~il.l'!!'I.~I..~. illd.all~ti..I'''' rE'''''' .. ..I. """l'IlIf~dll~. 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'y"'~$ ',<':.11 I.~I ~I:'} .. ~; ~ L1,,, ,igh:l r;jf 1 II;:F(i!j...ti~" ,-,f0'''~.1t'h' -f ''',,"I.,.'J, ~-"H.':;.~ ~~;'d.,i':"""w';:';~::>:;'t".''Yif-l{,;Ji~ !:;7,;,;~ e:.l;li'l~ ;~J\~;- d~":l:~m~J~r ~~,;q~~r~ t'l"~r~C!.~lft~~~~~~f~~~~~)~~?;t':' 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 TK FM 04/02 . _ u ~~!rih.'qYkej-_'~,dty'pAne,~Fryi.doc : ~': _ _ " _ ____ . ,__P'C!g~ ~ i 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. ;i~~~~ii!~~6p.tJ?f{~~;,~ ':,;~~I~,~;J:~:~J~1t~~:t~if,:~~ 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 TK FM 04/02 ;,0.Zer ... ~!~;~A6.ewf~~4Qc'_ -:,::'.~':~ -:~:. " 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. ~_... "'~ , ,-- ,_.- -.."--~- ~~.,----~~ ~,~--.--.~_." ~ - .."'.""'-, ..""_.~ -... ~_._- ----'-. ....~ .~._-- ,.... .. "... ...... --,-..... '<.,--.....- .. 'w " ,._..., __._. __. .._. ._...".'_".,_ ..... '" '..' ,=,ag~ .5.1 Page 5 of 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: h ...)...J -(3 I.J Title: ~;?4C!... e~..vE'~'-/ (Printed or Typed Name) D I('CJ-tII- qrplJf1F:-!; J1-,.c9 Recreevf. ~ ll. 'Z- '3 -0"-( Date: ThyssenKrupp Elevator Approval: By: (Signature of AuthOrized Individual) ,'C- Title: 1'h--c..I'l':"'h. 1'1 t:...1"ll'l..'1e""'- Date: ;0 J /.~ '"IJr./;J ,: ~ '- e n1. a,.....y ~ ~ 'f TK FM 04/02 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, \ - ~ - L' ; () . ,~\ I-^ ' ~- . f, ^ 'n 'V_X.-A_V\./_V\JLA!..~..., u- UL~ \.. @::.J Karen Weinstein - Account Representative THYSSENKRUPP ELEVATOR CORPORATION KW/rl Enclosure