HomeMy WebLinkAboutThyssenKrupp Elevator Corporation AG-S-039,A
CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-039
THIS AGREEMENT made and entered into on this ~~ay of ,
2010, by, and befinreen the City of Auburn, a municipal corporation of the St e of
Washington, hereinafter referred to as "City" and ThyssenKrupp Elevator Corporation,
7006 27th Street West, Suite A, University Place, WA 98466 hereinafter referred to as the
"Provider."
WITNESSETH:
WHEREAS, the City is in need of the services of individuals, employees or firms for
elevator maintenance work; and,
WHEREAS, the City desires to retain the Provider to provide said services in
connection with the City's work; and,
WHEREAS, the Provider is qualified and able to provide services in connection with
the City's needs for the above-described work, and is willing and agreeable to provide
such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit "A" which is attached hereto and by this reference made a part
of this Agreement. (The tasks described on Exhibit "A" shall be individually referred
to as a"task," and collectively referred to as the "services.") The Provider shall
perForm the services as an independent contractor and shall not be deemed, by virtue
of this Agreement and the pertormance thereof, to have entered into any partnership,
joint venture, employment or other relationship with the City.
2. Additional Services
In the event additional services with respect to related work are required beyond
those specified in the Scope of Work, and not included in the compensation listed in
this Agreement, a contract amendment shall be set forth in writing and shall be
executed by the respective parties prior to the Provider's performance of the services
there under, except as may be provided to the contrary in Section 3 of this
Agreement. Upon proper completion and execution of an Amendment (agreement for
additional services), such Amendment shall be incorporated into this Agreement and
shall have the same force and effect as if the terms of such Amendment were a part
of this Agreement as originally executed. The performance of services pursuant to an
Amendment shall be subject to the terms and conditions of this Agreement except
where the Amendment provides to the contrary, in which case the terms and
conditions of any such Amendment shall control. In all other respects, any
AG-S-039
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-S 1 (P I i y
AUBURN CITYOF* ++
Nancy Backus, Mayor
WASAA SH II NGTTOON 25 West Main Street * Auburn WA 98001 -9998 r www.auburnwa.gov * 253- 931 -3000
September 25, 2014
Paul Marshall
ThyssenKrupp Elevator Corporation
7006 271h Street West, Suite A
University Place, WA 98466
RE: Agreement for Professional Services, AG -S -039
Elevator Maintenance
Dear Mr. Marshall:
This letter is to inform you that the above - referenced Agreement for Professional
Services is being closed at this time. Our records indicate that we processed the final
payment for this agreement on July 11, 2014 for invoice #'s 3001161548 and
3001161549 in the amount of $2,311.31.
If you feel that this Agreement for Professional Services should not be closed, or if
there are any outstanding invoices, please inform me by October 9, 2014.
If you should have any questions, feel free to give me a call at 253.288.3158.
Sincerely,
Lisa Moore
Facilities Manager
Administration Department
LM /ja /mt
cc: City Clerk
AG -S -039
AUBURN* MORE THAN YOU IMAGINED
Amendment shall supplement and be construed in accordance with the terms and
conditions of this Agreement.
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the
completion of such services makes the execution of Amendment impractical prior to
the commencement of the Provider's performance of the requested services. The
Provider hereby agrees that it shall perform such services upon the written request af
an authorized representative of the City pending execution of an Arnendment, at a
rate of compensation to be agreed to in connection therewith. The invoice procedure
for any such additiona) services shafl be as described in Section 7 of this Agreement.
4. Provider's Representations
The Provider hereby represents and warrants that the Provider has all necessary
licenses and certifications to perform the services provided for herein, and is qualified
#o perform such services.
5. Cit 's Responsibilities
The City shall do the following in a timely manner so as not to defay the services of
the Provider:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define #he City's poficies and
decisions with respect to the services.
b. Furnish the Pravider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein,
d. Examine and evaluate a11 studies, reports, memoranda, plans, sketches, and other
documents prepared by the Provider and render decisions regarding such
documents in a timely manner to prevent delay of #he services.
6. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard acceptable to the City.
7. Prevailinq Waqes
The Provider shall comply with every provisian of the Revised Code of Washington
Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing Wages, approved
by the Industrial Statistician of the Department of Labor & Industries, must be
submitted to the City prior to any payment for services rendered. An Affidavit of
Wages Paid must be received by the City prior to issuance of final payment.
Should the term of this agreement go beyond one year, the wages that the Provider
shall pay its employees must be altered annually to recognize and follow the most
recently promulgated increases in prevailing wages each year after the first year of
the contract period.
AG-S-039
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8. Compensation
As compensation for the Pr.ovider's performance of the services provided for herein,
the City shall pay the Provider the fees and costs specified on Exhibit "B" which is
attached hereto and by this reference made a part of this Agreement (or as specified
in an Amendment). The Provider shall submit to the City an invaice or statement of
time spent on tasks included in the scope of work provided herein, and the City upon
acceptance of the invoice or statement shall process the invoice or statement in the
next billing/claim cycle following receipt of the invoice or statement, and shall remit
payment to the Provider thereafter in the normal course, subject to any conditions or
provisions in this Agreement or Amendment. The Agreement number must appear
on all invoices or statements submitted. The not-to-exceed amount for this
agreement is twenty one thousand four hundred twenty dollars ($21,420.00).
9. Time for Performance and Term of Aqreement
The Provider shall not begin any work under this Agreement until authorized in writing
by the City. The CITY agrees to pay the Provider in accordance with the fee
schedule outlined in Exhibit B for work perFormed under this Agreement. Exhibit B is
attached hereto and by this reference made a part of this Agreement. The Provider
shall perForm the services provided for herein in accordance with the direction and
scheduling provided on Exhibit "A" attached hereto and incorporated herein by this
reference, unless otherwise agreed to in writing by the parties. All work under this
Agreement shall be completed by August 31, 2013
10. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared
by the Provider as part of his performance of this Agreement (the "Work Products")
shall be owned by and become the property of the City, and may be used by the City
for any purpose beneficial to the City.
11. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all records and
books of accounts pertaining to any work performed under this Agreement shall be
subject to inspection and aud'it by the City for a period of up to three (3) years from
the final payment for work perFormed under this Agreement.
12. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract
is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the
Provider shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
13. Administration of Aqreement
This Agreement shall be administered by Lynn Magill, Contract Analyst, on behalf of
the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any
AG-S-039
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written notices required by the terms of this Agreement shall be served on or mailed
to the following addresses: '
Citv of Auburn
Lisa Torres
Facilities Manager
25 W Main St
Auburn, WA 98001-4998
Phone: 253-288-3158
Fax: 253-804-3116
Email: Itorres@auburnwa.gov
ThvssenKrupp Elevator Corporation
Lynn Magill
Contract Analyst
7006 27th Street West, Suite A
University Place, WA 98466
Phone: 253-566-1751
Fax: 253-566-1911
Email: lynn.magill@thyssenkruppefevator.com
14. Notices
All notices or communicatians permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person
or deposited in the United States mail, postage prepaid, for mailing by certified mail,
return receipt requested, and addressed, if #o a party of this Agreemen#, to the
address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating his,
her or its new address, to the other party, pursuant to the procedure set forth above.
15. Insurance
The Provider shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Provider, or the
Provider's agents, representatives, employees, or subcontractors.
Provider's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Provider to the coverage provided by such
insurance, or atherwise limit the City's recourse to any remedy available at law or in
eq u ity.
The Service Provider shall obtain insurance of the types described below:
a. Automobile Liability insurance, covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shalf be endorsed to provide contractual liability coverage. Provider
shall maintain automobile insurance with minimum combined single limit for bodily
injury and property damage af $1,000,000 per accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and fiability assumed under an insured contract. There shall be
no endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse or underground property damage. The
City shali be named as an additional insured under the Contractor's Commercial
AG-S-039
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General Liability insurance policy with respect to the work performed for the City,
but only for actions arising from Contractors's acts, actions, omissions, or neglects
and does not provide defense or indemnity for the additional insured(s) own acts,
acts, omissions, neglects or for unproven allegations; using a manuscript
additional insured endorsement. Commercial General Liability insurance shall be
written with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate, and a$2,000,000 prod u cts-com pleted operations aggregate limit,
which shall be included within the general aggregate limits.
c. Worker's Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
a. The Provider's insurance coverage shall be primary insurance as respects the
City, but only with respect to work performed by Contractor and only arising out of
the negligent acts or omissions of the Contractor. Any insurance, self-insurance,
or insurance pool coverage maintained by the City shall be excess of the
Provider's insurance and shall not contribute with it.
b. The Provider's insurance policy shall be endorsed to state that coverage shall not
be cancelled by either party, except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City.
Insurance is to be placed with an authorized insurer in Washington State. The
insurer must have a current A.M. Best rating of not less than A:VII.
Provider shall furnish the City with certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider before
commencement of the work. The City reserves the right to require that complete,
certified copies of all required insurance policies be submitted to the City at any time.
The City will pay no progress payments under Section 7 until the Provider has fully
complied with this section.
16. Indemnification/Hold Harmless
The Provider shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages,
losses, or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Provider and the City, its officers, officials, employees, and
AG-S-039
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volunteers, the Provider's liability hereunder shall be only to the extent of the
Provider's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Provider's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or terminatian of this Agreement.
17. Assiqnment
Neither party to this Agreement shall assign any right or obligation hereunder in
whole or in part, without the prior written consent of the other party hereto. No
assignment or transfer of any interest under this Agreement shall be deemed to
release the assignor from any liabiiity or obligation under this Agreement, or to cause
any such liability or obligation to be reduced to a secondary IiabiEity or obligation.
18. Nondiscrimination
The Provider may nat discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national arigin, sex, age, or where there
is the presence of any sensory, mental or physical handicap.
19. Amendment, Modification or Waiver
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party
or parties to be bound, or such party's or parties' duly authorized representative(s)
and specifying with particufarity the nature and exten# of such amendment,
modification or waiver. Any waiver by any party of any default af the other par#y shall
not affect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuan# to this Agreement.
20. Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accorclance with the terms of this
Agreement through no fault of the party terminating the Agreement with ninety (90)
days written notice, provided however, Contractor is given thirty (30) days to remedy
non-performance. Contractor must be notified in writing of specific non-performance.
If this Agreement is terminated through no fault of the Provider, the Provider shall be
compensated for services perFormed prior to termination in accordance with the rate
of compensation provided in Exhibit "B" hereof.
21. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer ar
assignment otherwise prohibited by this Agreement. This Agreement is for the
exclusive benefit of the parties hereto and it does not create a contractual relatianship
AG-S-039
Page 6 of 8
with or exist for the benefit of any third party, including contractors, sub-contractors
and their sureties.
22. Costs to Prevailinq Party
In the event of such litigation or other legai ac#ion, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney's fees.
23. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in of the county in Washington State in which the property or
project is located, and if not site speciftc, then in King County, Washington; provided,
however, that it is agreed and understood that any applicable statute of limitation
shall commence no later than the substantial completion by the Provider of the
services. 24. Captions, Headinqs and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used hereir►, where appropriate, the singular shaEl include the
plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeabfe. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
25. Severable Provisions
Each provision of this Agreement is intended to be severable. If any pravision hereof
is ilfegal or invalid for any reason whatsoever, such illegafity or invalidity shalk not
affect the validity of the remainder of this Agreement.
26. Entire Aqreement
This Agreement contains the entire understanding o# the parties hereto in respect to
the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
27. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one
and the same Agreement and shall become effective when one or more counterparts
have been signed by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed effective the day and year first set forth above.
AG-S-039
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CITY OF A
Peter B. Lewis, yor
Attest:
Danielle Daskam City Clerk
as
Daniel B. Hei
rney
THYSSENKRUPP ELEVATOR CORPORATION
llalv~~
S' na
Name: ynn Maqiil ~ - ~ y / 0
Title: Contract Analyst
Signature
Name:
Title:
Federai Tax ID No:
AG-S-039
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EXHIBIT A
AG-S-039
Platinum Maintenance Agreement
Preventative Maintenance Program
We wili service your equipment in this agreement on a regularly scheduled basis. These service
visits will be performed during the 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 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, motor, governors, sheaves, and wire ropes
o Power units, pumps, valves, and jacks
o Car and hoistway door operating devices and door protection equipment
o Loadweighers, car frames and platforms, and counter weights
o Safety mechanisms
• Lubricate equipment for smooth and efficient performance
• Adjust elevator parts and components to maximize performance and safe
Operation
Full Coverane Parts Repair and Replacement
ThyssenKrupp Elevator will provide full coverage 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. All replacement parts inventory to support our field operations.
All replacement parts used in your equipment will be new or refurbished to meet the quality
standards of the ThyssenKrupp Elevator.
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 ASME 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.
ualitv Assurance
To help increase elevator performance and decrease downtime, our technicians utilize the latest
industry methods and technology available to us for yaur specific brand of elevator. They will
be equipped with our tools, documentation and knawledge to troubleshoat your unique system,
as well as access to a comprehensive parts replacement system.
Behind our technicians is a team devoted to elevator excelEence. Technicians are supported
around the clock by a team of engineers and field support experts. Our North American
technical support facilities continuousfy research advancements in the industry and in your
equipment. Alsa, our international 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 quality
audit surveys. Your dedicated ThyssenKrupp Elevator representative will be available to discuss
your efevator needs with you in all aspects af 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 durina Normal Workinu Davs and Hou
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: your or your
representative, the building or building's representative, emergency personnel, passengers
through the elevator's communicatiort device and/or from VISTA Remote Monitoring through
the elevators communication line. Service Requests include minor adjustments and response
to emergency entrapments that can be accomplished in two hours or less (excluding travel
time) and do not include regularly scheduled maintenance visits.
Overtime Service Requests
On afl overtime service requests, we will absorb straight time costs for labor, and you will be
responsible for the difFerence between the straight time costs and overtime costs for labor.
Labor costs include travel time, travel expenses, and time spent on the job. Overtime service
requests are perfarmed before or after normaf business working days and hours.
VIEWn
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 lacation serviced under this agreement, or across an entire portfolio of elevator equipment
that is serviced by ThyssenKrupp Elevator. Special considerations regarding VIEW are included
herein.
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SoundNetQ
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
quickly dispatch a technician when necessary. If needed, they can stay on the line to reassure
a stranded passenger that help is on the way. SoundNet maintains digital recordings and
computerized records of the time, date, and location of calls received and action taken for the
benefit of passengers and building owners.
Period ic Safetv Testin
ThyssenKrupp Elevator will test your equipment in accordance with those annual testing
requirements as outlined in 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 equipment in accordance with those annual
periodic 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 instrucfions for the
equipment covered by this agreement (exceptian: 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.
Safe . You agree to instruct or warn passengers in the proper use of the equipment. You
agree to immediately report any condition that may indicated the need for correction before the
next regular examination. You agree to immediately shut down the equipment upon
manifestation of any irregularities in either the operation or the appearance of the equipment,
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 (10) days after
any occurrence or accident in or about the elevator. You agree to provide our personnel with a
safe place to work. You agree to provide a suitable machine room, including secured doors,
waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that
room at a temperature between 500 F and 900 F. 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. 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's sole judgment, jeopardizes the safety of the riding public, ThyssenKrupp
Elevator may shut down the equipment until such time as the operational problem is resolved.
In that event, ThyssenKrupp Elevator will immediate{y advise you in writing of such action, the
3
reason for such action, and whether any proposed solution is covered by the terms of the
agreement.
Other. You agree not to permit others to make alterations, additions, or repairs or replace any
component or part of the equipment during this term af this agreement. You agree to accept
our judgment as to the means and methods employed by us for any corrective work under this
agreement.
In the event of the sale, lease or other transfer of the ownership or management of the
premises in which the elevator(s) or equipment described herein are located, you agree to see
that such transferee is made aware of this agreement.
In consideratian of ThyssenKrupp Elevator performing the services herein specified, you
expressly agree to hold harmiess, discharge, release artd forever acquit ThyssenKrupp Elevator
Corporation, our employees, officers, agents, affiliates, and subsidiaries for loss, property
damage (including damage ta the equipment which is the subject matter of this agreement),
personal injury or death that have been caused by the City or any others in connection with the
presence, use, misuse, maintenance, installation, removal, manufacture, design, operation or
condition of the equipment covered by this agreement, or the associated areas surrounding
such equipment except for those damages that are caused by or resulting from the negligence
of ThyssenKrupp E(evator and/or their employees or agents.
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, and/or fixtures, hoistway door panels, door frames, swing daar hinges and repairing or
replacement of the cab enclosure, ceiling frames, panels and/or frxtures, hoistway door panels,
door frames, swing door hinges and closing devices, sills, car flooring, floor covering, lighting
fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to
controller, below ground or unexposed hydraulic elevator system, including but not limited to,
jack cylinder, piston, PVC or other protective material; befow ground or unexposed piping,
alignment of elevator guide rails, smoke and fire sensors, fire service reports, a(I 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 set forth and excluded in this agreement.
VIEWO. THYSSENlcRUPP Elevator agrees to provide a user name and password to Purchase
via ThyssenKrupp Elevator's Internet website, www.tke-view.com, for access to maintenance
and service call activity. Purchaser's Internet availabiiity equiprnent (inc(uding hardware and
software) and Internet connection shall be provided by others. You acknowledge that data
reported prior to January 1, 2004 may not be all-inclusive of work actually performed.
Additionally, you acknowledge that data performed by repair, modernization, and/or
construction persannel may not be included or accessible in VIEW until ThyssenKrupp Elevator's
PDA system for time reporting is fully deployed to all field employees. Requests for additional
informatian and maintenance and service call activity tickets which are not generated by
electronic means shall be made to your local ThyssenKrupp Elevator branch office as shown on
page 1 of this agreement. ThyssenKrupp Elevator reserves the right to restrict access to this
information if Purchaser's account has an outstanding unpaid balance greater than 30 days
4
and/or if you have provided written notification of your intent to cancel our agreement and/or in
the event of anticipated, pending or instigated litigation by either parry.
Other Conditions. With the passage of time, equipment technology and designs will change.
If any part or component of your equipment covered under this agreement cannot, in our sole
opinion, be safely operated 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 changes or recommendations in the existing design or function
of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment
as recommended 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 ay
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, riot,
civil commotion, war, malicious mischief, acts of God, 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 all claims and/or losses (including personal injury,
death and property damage, specifically including damage to the property which is the subject
matter of this agreement) associated therewith or cause thereby. ThyssenKrupp Elevator shall
also automatically receive an extension of time commensurate with any delay in performance
caused by or related to the aforementioned and you expressly agree to release and discharge
ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages
arising out of the performance of this agreement. In no event shatl ThyssenKrupp Elevator's
liability for damages arising out of this agreement exceed the remaining unpaid installments 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 this agreement until the test has been completed and the equipment
passed. Should the respective system fail any of those tests, it shall be your sole responsibility
to make necessary repairs and place the equipment in a condition we deem acceptable for
further coverage under the terms of this agreement. We shall not be liable for any damage 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 responsible for all costs associated with
necessary repair(s) to bring the elevator into compliance with the applicable elevator codes in
your local jurisdiction.
Annual Price Adjustments. 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
5
agreement accordingly. In the event this occurs, we will adjust your monthly price based on
the percentage change in the average rate paid to elevator examiners. This rate paid to
elevator examiners consist of the houriy rate paid to examiners plus fringe benefits and union
welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensians,
vacations, paid holidays, group insurance, sickness and accident insurance, and hospital
insurance. We also reserve the right ta make additional adjustment to the price of our service
under this agreement and/or enact surcharges as needed to account for increased fuel prices
when such increases exceed the Consumer Price Index (CPI) current rate. We also reserve the
exclusive right to make additional adjustments to the price of our service under this agreement
in the event that the equipment covered by this agreement is modified from its present state.
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 3% discount from the
annual price in effect at the time of payrrient.
Overdue Invoices. A service charge of 11h% per month, or the highest legaf rate, whichever
is more, shall apply to all overdue accounts you have with ThyssenKrupp Elevator that are in
any way related to your equipment described in this agreement, regardless of whether it is
billed pursuant to this agreement ar any other with us, within sixty (60) days from the billing
date, we may also choose to do one or more of the following: 1) suspend service untEl all
amounts due have been paid in full, and/or 2) declare sums for the unexpired term of this
agreement due immediately as liquidated damages and terminate our obligations under this
agreement. If ThyssenKrupp ECevator elects to suspend service, we sha{I not be responsible for
personaE injury, death, damage to property (including damages to the equipment that is the
subject matter of this agreement) or losses of any other type or payment to ThyssenKrupp
Elevator's suspension of service. Upon resumption of service, you will be responsible for
payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of
service and to remedy any damage caused to equipment during that tirne. Time is of the
essence.
Special Considerations
SoundNetn
Through its SoundNet communication center, ThyssenKrupp Elevator will provide 24-hour
telephone monitoring on all elevators(s) maintained under the monitoring agreement, provided.
such elevators are equipped with operational telephone telephone equipment capable of placing
a calf to SoundNet's call center. SoundNet will receive incoming emergency telephone calfs
from the elevator(s) and forward same to Purchaser's designated emergency contacts. It shall
be Purchaser's responsibility 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 Elevator 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
6
ensuring uninterrupted operation of the telephones so that they are capabie of placing a call to
SoundNet's call center. SoundNet service cannot be provided without a telephone located
within the elevator(s) described in this agreement that has the calling capability described
above.
Schindler 321A Miconic (hvdro) or 330A (hvdro)
ThyssenKrupp Elevator does not accept responsibility to test, maintain, repair or replace any
Schindler Elevator inverted, twin-post, telescopic jacks under the coverage of this maintenance
agreement and they are specifically excluded from these terms and conditions. Any required
repair or replacement of this equipment will be billed to Purchaser at ThyssenKrupp Elevator's
current "time and material" billing rates.
Pledae of Customer Satisfaction
ThyssenKrupp Elevator's top priority is the satisfaction of our customers. If during the term of
this Agreement, ThyssenKrupp Elevator fails to properly perform services in accordance with the
terms of this agreement, Purchaser shall advise ThyssenKrupp Elevator of the specific deficiency
in writing and shall allow a reasonable period of thirty (30) days from the date of the written
notice to correct the deficiency. In the event ThyssenKrupp Elevator fails to correct the
deficiency in the allotted time, Purchaser shall have the right to terminate this agreement upon
thirty (30) days written notice to ThyssenKrupp Eievator. Written Notices 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.
Submission of Proposed Aqreement when Ori4inal Aareement 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 by both parties. Upon full acceptance by both
parties, this proposed agreement shall supersede all prior agreements.
7
EXHIBIT B
AG-S-039
Purchaser: City of Auburn
25 West Main Street
Auburn, WA 98001
Locations: Auburn City Ha[1
25 West Main Street
Auburn, WA 98001
Auburn Municipal Office Building
340 East Main Street
Auburn, WA 98002
By: ThyssenKrupp Elevator Corporation
7006 27't' Street West, Suite A
University Place, WA 98466
Telephone: 253-566-1751, (253) 606-2838)
Fax: 253-566-1911
E-Mail: Karen.weinstein@thyssenkrupp.com
Internet: www.thyssenkruppelevator.com
Platinum 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
Manufacturer
Type of Unit
Applicafion
Unit ID/Serial
Monthly Fee
Quanti
#
Auburn Municipal
Office Buildin
2
Schindler
H draulic
Passen er
17528129PH
$420.00
Auburn Ci Ha[I
1
Dover
H draulic
Passen er
E52286
$175.00
AMENDMENT#1 TO SERVICE AGREEMENT NO. AG-S-039 BETWEEN
THE CITY OF AUBURN AND THYSSENKRUPP ELEVATOR CORPORATION
RELATING TO ELEVATOR MAINTENANCE
THIS AMENDMENT is made and entered into this=Q \—day of 2013, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington
(hereinafter referred to as the"CITY"), and Thyssenkrupp Elevator Corporation (hereinafter
referred to as the"PROVIDER"), as an Amendment to the Service Agreement between the
parties for AG-S-039 executed on the 1 st day of August 2010.
The changes to the agreement are described as follows:
1. CONTRACT TERM: There is no change to the date of termination.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: The amount of this amendment is for Washington State Sales Tax
(WSST) in the amount of$2,034.90 for previously not included WSST on the original
agreement amount of$21,420.00. The total agreement amount is increased to a total of
$23,454.90.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between
the parties for AG-S-039 executed on the 1st day of August 2010, shall remain unchanged, and
in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
THYSSENKRUPP ELEVATOR CORP. CITY OF AUB
By:
Authorized signature Peter B. Lewis, Mayor
ATTEST (Optional): ATTEST:
i
I
Its: `�nielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): Appr ed s t o
r
Attorney for(Other Party) Daniel B. Hei , uburn City Attor ey
r
Amendment No. 1 for Agreement No.AG-S-039
Thyssenkrupp Corportation
Page 1 of 1
A 3 \U - \,-\
AMENDMENT#2 TO SERVICE AGREEMENT NO. AG-S-039 BETWEEN
THE CITY OF AUBURN AND THYSSENKRUPP ELEVATOR CORPORATION
RELATING TO ELEVATOR MAINTENANCE
THIS AMENDMENT is made and entered into this W- day of,�un�
2013, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington (hereinafter referred to as the "CITY'), and Thyssenkrupp Elevator
Maintenance (hereinafter referred to as the "PROVIDER"), as an Amendment to the
Service Agreement between the parties for AG-S-039 executed on the 1s` day of August
2010, and amended by agreement dated the 20" day of February 2013.
The changes to the agreement are described as follows.
1 CONTRACT TERM The last sentence of Section 9 of the Service Agreement is
amended to read as follows. All work under this Agreement shall be completed by
August 31, 2014
2. SCOPE OF WORK. There is no change in the scope of work.
3 COMPENSATION: The amount of this amendment is $7,818 30 The total
agreement amount is increased to a total of$31,273 20
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-S-039 executed on the 1st day of August 2010, shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
THYSSENKRUPP ELEVATOR CORP. CIT OF AU R
By Z
Auth razed signa re Peter B. Lewis, Mayor
J.Wesley Matthews III
Contract Analyst
-----------------------------------------------------------------
Amendment No 2 for Agreement No. AG-S-039
Thyssenkrupp
Page 1 of 2
ATTEST (Optional) ATTEST
By
Its. Danielle E. Daskam, Auburn City Clerk
Approved as to form (Optional): Approv2Heic,as WAAttorne
Attorney for(Other Party) Daniel B.
---------------------------
Amendment No 2 for Agreement No. AG-S-039
Thyssenkrupp
Page 2 of 2
CITY OF * A
3 1(0/y
�to'�L
� Tb 1� 1 K Nancy Backus, Mayor
l w
WASH INGTON 25 West Main Street* Auburn WA98001- 4998* www.aubufnwa.gov * 253-931-3000
September 25, 2014
Paul Marshall
ThyssenKrupp Elevator Corporation
700627 1h Street West, Suite A
University Place, WA 98466
RE. Agreement for Professional Services, AG -S -039
Elevator Maintenance
Dear Mr. Marshall:
This letter is to inform you that the above - referenced Agreement for Professional
Services is being closed at this time. Our records indicate that we processed the final
payment for this agreement on July 11, 2014 for invoice #'s 3001161548 and
3001161549 in the amount of $2,311.31.
If you feel that this Agreement for Professional Services should not be closed, or if
there are any outstanding invoices, please inform me by October 9, 2014.
If you should have any questions, feel free to give me a call at 253.288.3158.
Sincerely,
Lisa Moore
Facilities Manager
Administration Department
LM /ja /mt
cc. City Clerk
AG -S -039
AUBURN* MORE THAN YOU IMAGINED