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HomeMy WebLinkAboutSerive and Maintenance Agreement for Elevators at Sherman PlazaTK-45-4211 Purchaser: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Hereinafter referred to as "Purchaser", "you', and "your". Location: Sherman Plaza 821 Davis Street Evanston, IL 60201 By: ThyssenKrupp Elevator Corporation 355 Eisenhower Lane South Lombard, IL 60148 Telephone:(708)372.4849 Fax: (866)228.6054 E-Mail: John.gillOthyssenkrupp.com Internet: www.thyssenkruppelevator.com Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator, "we", "us" and "our". GOLD MAINTENANCE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment described below In accordance with this agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and maximize the performance, safety, and life span of the elevator equipment to be maintained. Equipment To Be Maintained Building Name Unit Quantity Manufacturer Type of Unit Application of Unit Unit ID or Serial N Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger CU5674 Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger Cu5675 Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger CU5676 Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger CU5677 Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger CU5678 Sherman Plaza 1 ThyssenKrupp Geared Traction Passenger CU6679 ThyssenKrupp Elevator Americas Business Unit 0 Preventative Maintenance Prooram We will service your equipment described In this agreement on a regularly scheduled basis. These service visits will be erformed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled holidays). All work performed before or after normal business working days and hours shall be considered "Overtime". ThyssenKrupp Elevator will perform the following services: • Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will cover the following components of your elevator system: o Control and landing positioning systems o Signal fixtures o Machines, drives, motors, governors, sheaves, and wire ropes o Power units, pumps, valves, and jacks o Car and holstway door operating devices and door protection equipment o Loadwelghers, car frames and platforms, and counterweights o Safety mechanisms • Lubricate equipment for smooth and efficient performance • Adjust elevator parts and components to maximize performance and safe operation Full Coverage Parts Reoalr and Reolacement ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal wear, unless specifically excluded in the "items Not Covered" or "Other Conditions" provisions herein, We maintain a comprehensive parts Inventory to support our field opporations. All replacement parts used In your equipment will be now or refurbished to meet the quality standards of ThyssenKrupp Elevator. futost specialized parts are available within 24 hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits). Maintenance Control Proaram ThyssenKrupp Elevator performs service In accordance with our written Maintenance Control Program. This program meets or exceeds any and all requirements of AM A 17.1.2007 Code, Section 8.6. The Maintenance Control Program Includes ThyssenKrupp Elevator's Maintenance Tasks & Records documentation which shall be used to record all work performed on the equipment and is provided with each controller. We do not perform any tests unless such tests are specifically listed as Included elsewhere in this agreement. Qualitv Assurance 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 our 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. To assure that quality standards are being maintained, we may conduct periodic field qualil audit surveys, Your dedicated ThyssenKrupp Elevator representative will be available to discuss our elevator needs with you in all aspects of service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your equipment over time. Service Reauests durino Normal Workina Days and Hours Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this agreement from one or more of the following: you or your representative, the building or building's representative, emergency personnel, passengers through the elevator's communication device and/or from VISTA Remote Monitoring through the elevator's communication line. Service requests include minor adjustments and response to emerggency entrapments that can be accomplished In two hours or less (excluding travel time) and do not include regularly scheduled maintenance visits. We will respond to service requests during normal business working days and hours, as defined above, at no additional charge. Overtime Service Requests On all overtime service requests, you will be responsible for all labor costs including travel time, travel expenses, and time spent on the Job. Such costs will be Invoiced at our standard overtime billing rates. Overtime service requests are performed before or after normal business working days and hours. ❑ VIEW® (Check box if included) VIEW Is ThyssenKrupp Elevator's customer oriented, online service activity reporting system, VIEW allows building owners and managers to monitor our maintenance and service call activity. VIEW can be accessed via the Internet any time, day or night. You can "VIEW' service tickets associated with a single elevator serviced under this agreement, for all the elevators at the location serviced under this agreement, or across an entire portfolio of elevator equipment that Is serviced by ThyssenKrupp Elevator. Elevator Malmenance Agreement TK-45.4211 TK GA 05MO Page 2 of 5 ❑ VIST @ (Check box if included) VISTA Remote Monitoringg is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA monitors compatlBie equipment 24 hours per day, 7 days per week, and Fs days per year. Constantly monitoring performance data on your equlpment provides ThyssenKrupp Elevator the ability to respond W operational Irregularities quickly and more efficiently. With VISTA, we can often dispatch a service technician to your locaflon before any interruption In elevator service occurs. Service visits based on VISTA data will be made during normal business hours on normal business days. ❑ SoundNet® (Check box if included) SoundNet Is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency call service. Our representatives are trained to handle elevator calls and they can assess the situation and qquickly dispatch a technician when necessary. If needed, they can stay on the line to reassure a stranded passenger that help is on the way. SotmdNot maintains ORgItal recordings and computerized records of the time, date, and location of calls received and action taken for the benefit of passengers and bulldfng owners. 0 Periodic Safetv Test(no, (Check box if included) ThyssenKrupp Elevator will test your equipment In accordance with those annual periodic testing requirements as outlined it) the American National Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement Is executed, in the event that the state, city or local governing authority in which the equipment Is located has adopted different requirements, ThyssenKrupp Elevator will test your equlpment In accordance with those annual perfodtc testing requirements in effect at the time this agreement Is executed. You agree to pay for any costs of the Inspector and/or inspection fees. Special considerations regarding Periodic Safety Testing are set forth below. 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 coplea 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 equlpment and to keep the equipment under continued surveillance by competent personnel to detect Irregularities batween elevator examinations. You agree to Immediately report any condition that may indicate the need for correction before the next regular examination. You agree to Immediately shut down the equipment upon manifestation of any kregularides in either the operation or the appearance of the equlpment to Immediately notify us, and to keep the equipment shut down until the completion of any repairs. You agree to give us Immediate verbal notice and written notice within ten (10) days after any occurrence or accident In or about the elevator. You a�ree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including secured doors, waterproofing, i ghting, ventilation, and appproprlale air temperature control to maintain that room at a temperature between BN and 90'F. You also agree to maintain the elevator fit to a dry condition at all times. Should water or other Itqulds become present, you will contract with others for removal and the proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place to work. You also agree that if, ThyssenKrupp Elevator's Inspection of a piece of equipment serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole judgment, jeopardizes the safety of the riding public, ThyssenKruppp Elevator may shut down the equlpment until such time as the operational problem is resolved. In that event, Thyssenxrupp Elevator wig Immediately advise you !n writing of such Acton, the reason for such action, and whether any proposed solution Is covered by the terms of this agreement. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equlpment during the term of this agreement. You agree to accept ourJudgment as to the means and methods employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's top prlor8y Is the satlsfaction of Its customers, If you should have any concern(s) with the means and methods used to maintain or repair the equipment covered under this agreement, ou agree to provide us with written notice of that concern and give us thirty (30) days to respond either to writing or commence action to appropryiately resolve it, In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevators) or equipment described herein are located, you agree to see that such transferee is made aware of this agreement and agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fall to assume this agreement, you shall remain liable for all unpaid amounts, Including those owed for the balance of the current unexpired term of this agreement. lion Of'fhyssenKmpp Elevator performing the services herein specified, you expressly agree to Indemnify, defend, save harmless, efease andd forever acquit ThyssenKrupp Elevator Corporation, our employees, officers, agents, affiliates, and subsidiaries from and and all claims, demands, suits, and proceedings brought against ThyssenKrupp Elevator, our employees, officers, agents, affiliates Ades for loss, property damage (including damage to the equipment which Is the subject matter of this agreement), personal Injury or are alleged to have been caused by the Purchaser or any others in connection with the presence, use, misuse, maintenance, removal, manufacture, design, operation or condition of the equipment covered by this agreement, or the associated areas such equipment Your duty to Indemnify does not apply to the extent that the loss, property damage (including damage to the vhich is the subject matter of this agreement), personal injury or death Is determined to be caused by or resulting from the negligence (rupp Elevator and/or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes all attorney's fees, court costs, judgments, settlements, Interest and any other expenses of litigation arising out of such claims or Insurance. You expresslyq aggree to name ThyssenKrupp Elevator Corporation along with Its officers, agents, affiliates and subsidiaries as additional insureds In your Ilabllity and any excess (umbrella) liability Insurance ppolicy(ios), Such Insurance must Insure ThyssenKrupp Elevator Corporation, along with its officers, agents, affiliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the sole negligence or responsibility of ThyssenKrupp Elevator Corporation and/or Its officers, agents, affiliates and subsidiaries. Such Insurance must specify that Its coverage Is prmary and non-contributory. You hereby waive the right of subrogation. Elevator Maintenance Agreement 211 IX GA 05/10 page, 3 of 5 ago 3 W 5 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, telling frames, panels, and/or fixtures, holstway door panels, door frames, swing oor hinges and closing devices, slits, car flooring, floor covering, lighting fixtures, colthig 0 lit bulbs and tubes, main line Power switches, breaker(s), feeders to controller, below ground or unexposed hCaulic elevator a stem, Includingg but not limited to, Jack cylinder, piston, PVC or other protective material; below ground or unexposed pip ng, alignment of elevator guide relis, smoke and fire sensors, fire service reports, all communication and entertainment devices, security systems not Installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters, ventilation fans, pit pumps and all other items as set forth and excluded In this agreement. Uttter (;ontiftions. With the passage of time, equi�ment technology and designs will change. If any part or component of your equipment covered under this agreement cannot, In our sole op nlon, be safely repaired and Is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment Is functionally compatible with that replacement part or component. in addition, we will not be required to make any Changges or recommendations in the existing design or function of the unit(s) nor will we be obligated to install now attachments or Parts upon the equipment as recommended or directed by Insurance companies, governmental agencies or authorities, or any other third party. Moreover, we shall not be obligated to service, renew, replace and/or repair the equipment due to any one or more of the following: anyone's abuse, misuse and/or vandalism of the equipment; anyone's negligence In connection with the use or operation of the equipment; any loss of power, power fluctuations, power failure, or power surges that in any way affect the operation of the equipment: fire, smoke, explosions, water, storms, wind, lightening, acts of civil or military authorities, strikes, lockouts, other labor disputes, theft, not, civil commotion, war, malicious mischief, acts of Cod, or any other reason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to release and discharge us and our employees for any and aft claims and/or losses (indudtng personal Injury, death and propertyy damaagge speciflcaMy trtckrdfng damage to the property which is the subject matter of this agreement) associated therewith or caused thereby, ThyssenKrupp Elevator shall also automatically receive an extension of time commensurate with an delay in performance caused by or related ro the aforementioned and you expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for consequential, special or Indirect damaga, arising out of the performance of this agreement. In no event shall ThyssenKrupp Elevator's liability for damages arising out of this agreement exceed the remaining unpaid Instaffrtlents of the current, unexpired term of this agreement. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of lhis agreement until the test has been completed and the equipment passed. Should the respective system fall any of those tests, it shall be your sole responsibility to make necessary repairs and piece the equipmant In a condition that we deem acceptable for further coverage under the terms of this agreement. We shall not be liable for any damagge to the building structure or the elevator resulting from the performance of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature is found to be inoperable, you shall be res onsible for all costs associated with necessary repafr(s) to bring the efevator(s) Into compliance with the applicable elevator codes in your IocalJurisdictlon. In the event a third pparty is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereunder, either w!th or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by Jury. You agree that this agreement shall be construed and enforced in accordance with the laws of the state where the equipment Is located. You consent to Jurisdiction of the courts, both state and Federal, of the state In which the equipment is located as to all matters and disputes arising out of this agreement. 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 rlghis and any extension, Indulgence or change by us In the method, mode or manner or payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Pike,, The price for the services as slated in this agreement shall be Three Thousand Seventy and 40/100 dollars Is 3,070.40) per month, excluding taxes, payable quarterly In advance. Term. This agreement is effective for one (1) year staring January 01, 2012 and is non -cancelable. To ensure continuous service, this agreement will be automatically renewed for successive one (1) year periods, unless either party timely serves written notice upon the other party of Its Intention to cancel at least ninetyy (90) days but not more than 120 days before the end of the Initial one (1) year year period, or at least ninety (90) days but not more than 120 days before the end of any subsequent one (1) year renewal period, Notice shall be sent by certified mail, return receipt requested to the address set forth on page 1 of this agreement. Time Is of the essence. Annual Price Adiustments. Since our costs to provide you with the service set forth In this agreement may increase, we reserve the right to adjust the price of our service under this agreement accordingiy. In the event this occurs, we will adjust your monthly price based on the percentage char In the average rate paid to eto ator examners. 7hls rate paid to elevator examiners consists of the hourly rate paid to examiners plus fr rile bene(Its and union welfare granted ih place of or in add thin to the hourly rate. Fringe benefits include pens(ons, varauons, paid holidays, group Insurance, sickness and accident Insurance, and hospital insurance. We also reserve the riglit to make additional adjustment to the price of our service under this agreement and/or enact sumaargas as needed to account for increased fuel prtces when such increases exceed the Consumer Price Index (Cpi) current rate, We also reserve the exclusive right to make additional adjustment to the price of our service under this agreement m the event that the equipment covered by this agreement is modified from Its present slate. Early Pavment Discount. You may elect to pay In advance for twelve (12) months of service described in this agreement. Such a pre. payment entitles you to a V. discount from the annual price in effect at the time of payment. Elevator Maintenance Agreement TK-A5-4211 Tx GA 05/10 Pogo 4 of 5 Overdue Invoices. A service charge of 1 Yz% per month, or the N have with ThyssenKrupp Elevator that are in any way related to your ThyssenKrupp Elevator related to your equipment described in this ag other with us, within sixty (60) days from the billing date, we may al5 amounts due have been Pald In full, and/or 2) declare all sums forth and terminate our obligations under this agreement. If ThyssenKrupp Injury, death, damage to property (Including damage to the , ulpmat kind that Is in any way related the ThyssenKrupp Elevator's !Pus el payment to ThyssenKrupp Elevator for ail costs we Incur that result I equipment during that time. Time Is of the essence. t legal rate, whichever is more, shall ement described in this agreement, lent, regardless of whether it Is billed Dose to do one or more of the follow rxpired term of this agreement due it E ter elects to suspend service, we all t is the subject matter of this agreen of service. Upon resumption of at our suspension of service and to tot all overdue accounts you t not pay any sum due to t to this agreement or anp ispend all service until all or losses of any other t e or you will be responsible for any damage caused to your Ac�ee ta�nce_. 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. Alt 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, even in the event of a conflict. This Per Is hereby accepted in Its entirety and shall constitute the entire agreement as contemplated by you and us. This proposal Is submitted for acceptance within one -hundred twenty (120) days from the Date Submitted by the ThyssenKrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. onn S cal Sr. Account Monaca (708)372.4849 December 22 2011 (Date Submitted) City of Evanston (SAAnm of rizedon IndiNduaq 04L.y ! )11f�lQVtG y �t (Print or Type Name) Il&4 9/f (Print or Type Title) 2 .p-ra- (Date of Approvag ThyssenKrupp Elevator Corporation Approval: By: (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Date of Approval) Approved as to form - ay. . Special Considerations W. Grant Farrar Corporation Counsel Submission of Proposed Agreement when Original Aoreement in Full Force and Effect In the event that Purchaser and ThyssenKrupp Elevator are parties to an existing elevator maintenance agreement at the time this proposed agreement is submitted for consideration, the existing agreement will remain In full force and effect until such time as this proposed agreement is accepted and fully executed in writing by both parties. Upon full acceptance by both parties, this proposed agreement shall supersede all prior agreements. Elevator Maintenance Agreement TK-45.4211 TK GA 05/10 Page 5 of 5