HomeMy WebLinkAboutExecuted Agreement with Schindler Elevator for Preventative Maintenance at MPDSchindler Custom
SCHINDLER ELEVATOR CORPORATION
743 McGregor Ct., Suite 140
Boise, ID 83705-5225
Phone: 208-577-5541
Fax: 20B-577-5526
Date: September 18, 2015
To:
City Of Meridian
33 E Broadway Ave, Suite 200
Meridian, ID 83642-2619
Attn: Eric Jensen
As Agent For: Owner
EQUIPMENT DESCRIPTION
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Estimate Number: JLEE-A2GSC2 (2015.3.1)
Building Name:
Meridian Police Center
Rise/Length
Qty Manufacturer Equipment Application Description Openings Capacity Speed Install#
Meridian Police Center
1401 E Watertoaer St Meridian, ID 83642-3513
1 Schindler Hydraulic Passenger Elev 01 2F/0R 210C 100
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 743 McGregor Ct., Suite 140, Boise, ID
83705-5225, and CITY OF MERIDIAN, 33 E Broadway Ave, Suite 200, Meridian, ID 83642-2619 ("you") agree
as follows:
PREVENTIVE MAINTENANCE SERVICE
• Our preventive maintenance program performed In accordance with a maintenance schedule specific to
your equipment and its usage
• Examine, lubricate, adjust, and repair/replace covered components
• Criteria for replacement of all wire ropes will be the appropriate factor of safety
• Prompt callback coverage
• Safety testing
• Customer friendly and responsive communications
PREVENTIVE MAINTENANCE PROGRAM
Our Preventive Maintenance Program, as described In this agreement will be performed In accordance with a
maintenance schedule specific to your equipment. A Schindler technician will be assigned to you, and back up
technicians are available as required to give you prompt service as required at all times. A Schindler account
representative will be assigned to you, and will be your primary contact for communications regarding your
agreement. Also available to you is our extensive technical support and parts inventory, at the site as needed,
and local warehouses and our national Service Distribution Center available for express delivery in
emergencies.
EXAMINE, LUBRICATE, ADJUST, AND REPAIR/REPLACE COVERED COMPONENTS
We will on a periodic basis examine, lubricate, adjust, and as needed or if usage mandates, repair, or replace
the Covered Components listed below.
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HYDRAULIC ELEVATORS
Basic components: Controller components: resistors, timers, fuses, overloads, minor contacts, wiring,
coils; packing, drive belts, strainers, functional components of car and corridor operating stations,
hangers and tracks, door operating devices, door gibs, guide shoes, rollers, traveling cables, signal
lamps (replacement during regular visits only), interlocks, door closers, buffers, switches, door
protection devices, and alarm bells.
Major components: Exposed piping in the Machine Room & hoistway, motor, PC boards, pump unit,
solid state devices, contactors, and valve rebuilds.
We assume no responsibility for the following items: hoistway door hinges, panels, frames, gates and sills; cabs
and cab flooring; cab doors, gates and removable cab panels; cab mirrors and handrails; power switches, fuses
and feeders to controllers; emergency cab lighting; light fixtures and lamps; cover plates for signal fixtures and
operating stations; card readers or other access control devices; smoke/fire alarms and detectors; pit pumps
and alarms; cleaning of cab interiors and exposed sills; plungers, pistons, casings and cylinders; automatic
ejection systems; all piping and connections except that portion which is exposed in the machine room and
hoistway; guide ralls; tank; emergency power generators; telephone service, communication devices; disposal
of used oil; intercom or music systems; ventilators, air conditioners or heaters; adverse elevator operation as a
result of machine room temperatures (including temperature variations below 60 degrees Fahrenheit and above
90 degrees Fahrenheit); media displays; computer consoles or keyboards; fireman's phones; exterior panels,
skirt and deck panels, balustrades, relamping of Illuminated balustrades; attachments to skirts, decking or
balustrades; moving walk belts; pallets; steps; skirt brushes; sideplate devices; any batteries associated with the
equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original
installation, or no longer available from the original equipment manufacturer or an industry parts supplier,
replaceable only by refabrication.) In the event that safety testing is performed by us at the start of the
Agreement, and we find that critical safety components, such as the governor and/or safeties for traction
equipment, and/or valves on hydraulic equipment, are not operating correctly, therefore resulting in unsafe
conditions, you will be responsible to authorize the necessary repairs/replacements of this equipment, at your
expense.
CLEANING
We will periodically clean the machine room, car top, and pit of debris related to our work in these areas.
TESTING OF SAFETY DEVICES
Equipment Test Frequency
Hydraulic Pressure/Relief Valve Annually
Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with
witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment
including observation of testing by 3rd parties; changes In the testing requirements after the initial start date of
this Agreement, or any other testing obligations other than as specifically set forth above, including, but not
limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those
experienced during normal operation, Schindler will not be responsible for any damage to the equipment or
property, or injury to or death of any persons, resulting from or arising out of the performance of these tests.
Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly
firefighters service.
CUSTOMER FRIENDLY AND RESPONSIVE COMMUNICATIONS
Service dispatching will take place through our Schindler Customer Service Network (SCSN), which is staffed by
qualified Schindler personnel, 24 /7. You will be provided with a customer identification number, which must be
referenced when a call is placed for your facility. Our dispatchers will have access to your building's service call
records, and will promptly relay the details of your call to the assigned technician.
You will also have access to Schindler SCORE CARDTM, through Schindler's website, which gives you instant
access to the performance history of your equipment covered by this Agreement
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ADDITIONAL COVERAGES
We will remotely monitor (if applicable) those functions of the Equipment described above which are remote
monitoring capable. Our remote monitoring system ("SRM") will automatically notify us if any monitored
component or function is operating outside established parameters. We will then communicate with you to
schedule appropriate service calls. Monitoring will be performed on a 24 hour, 7 day basis and will
communicate toll free with our Customer Service Network using dedicated elevator telephone service. The
operation and monitoring of SRM is contingent upon availability and maintenance of dedicated elevator
telephone service. You have the responsibility to install, maintain and pay for such telephone service, and to
notify us at any time of any interruption of such telephone service. If requested, you will provide the proper
wiring diagrams for the equipment covered. These diagrams will remain your property. and will be maintained
by Schindler for use in troubleshooting and servicing the equipment.
CALLBACK RESPONSE TIME
We will perform the services during our regular working hours of regular working days, excluding elevator trade
holidays. We will provide callback service during regular working hours. We will respond to callbacks within 24
hours of notification. If you authorize services or callbacks outside the scope of this agreement, you will pay us
at our standard billing rates, plus materials not covered by contract, expenses and travel.
HOURS OF SERVICE
We will perform the services during our regular working hours of regular working days, excluding elevator trade
holidays. The services include callbacks for emergency minor adjustment callbacks during regular working
hours. if you authorize callbacks outside regular working hours, you will pay us at our standard billing rates,
plus materials not covered by contract, expenses and travel. All other work outside the services will be billed at
our standard billing rates. A request for service will be considered an "emergency minor adjustment callback" if
it Is to correct a malfunction or adjust the equipment and requires immediate attention and is not caused by
misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that
requires more than one technician or more than two hours to complete.
TERM
This Agreement commences on October 02, 2015, and continues until October 01, 2016, and shall renew
(where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon
written notice received by the other party at least 90 days prior to the above termination date or any renewal
termination date, and not more than 120 days before the termination date.
PRICE
In consideration of the services provided hereunder, you agree to pay us the sum of $215.00 per month,
payable in annual installments of $2,580.00, exclusive of applicable taxes, unless another payment frequency
option is selected below.
PRICE ADJUSTMENT
The contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be
based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or
decreased on the basis of changes to the local straight time hourly rate for mechanics. If there is a delay In
determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the
price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period
of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes
in other expenses such as fuel, waste disposal, govemment regulations or administrative costs. Should you
elect to take the annual pre -payment option, the price adjustment date will default to coincide with the invoice
date.
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(1) Please select a Method of Payment:
❑
Direct Debit
❑
Credit Card
❑ Visa
Number:
Expiration Date:
Signature:
❑ Check
❑ Other: _
PAYMENT OPTIONS
1 % Discount (Attach Copy of voided check)
3% Addition
❑ MC ❑ AMEX
(2) Please select a Payment Frequency (Other than Annual):
❑ Semi -Annual 1% Addition
❑ Quarterly 3% Addition
❑ Monthly 5% Addition
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The attached terms and conditions are incorporated herein by reference.
Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized
representative will be required to validate this agreement
Proposed,
By: Justin Lee
For: Schindler Elevator Corp
Title: Sales Representative
Date: September 16, 2015
Accepted:
QOSp[EED AUCVST
City of
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Title: District Manager
Date: v
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City Of Meridian
Title:
As Agent For: Owner
Date: IL-)/ ( /I
TERMS AND CONDITIONS
1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does
not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No
services or work other than specifically set forth herein are included or intended by this Agreement,
2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide
us with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location
for parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations
related thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report
potentially hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize
needed repairs or replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities
based upon local codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree
that you will authorize and pay for any proposed premaintenance repairs or upgrades (Including any such repairs or
upgrades proposed during the first 30 days of this agreement), or we will have the option to terminate this Agreement
immediately, without penalty to us. You agreed to post and maintain necessary instructions and / or warnings relating to the
equipment.
3. F We wi" r et -be -lie. fef dameges�r-kind, wH rtnal
meat. We will not be liable in any event for special, indirect or consequential damages, which include but
are not limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption.
4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes,
strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil commotion, malicious
mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources, government priorities
or requests or demands of the National Defense Program, civil or military authority, war, Insurrection, failure to act on the
part of either party's suppliers or subcontractors, orders or Instructions of any federal, state, or municipal government or any
department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either party. Dates for
the performance or completion of the work shall be extended by such delay of time as may be reasonably necessary to
compensate for the delay.
5. You will assign this Agreement to your successor in Interest, should your Interest in the premises cease prior to the
initial or any renewal termination date. if this Agreement is terminated prematurely for any reason, other than our default
including failure to assign to a successor in Interest as required above, you will pay as liquidated damages (but not penalty)
the full remaining amount due under this Agreement.
6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence
and possible malfunction as a result of causes beyond our control. The services do not guarantee against failure or
malfunction, but are intended to reduce wear and prolong useful Ilfe of the Equipment. We are not required to perform tests
other than those specified previously, to Install new devices on the equipment which may be recommended or directed by
insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make
any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary
wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence;
accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degrees
and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of
the applicable codes; adverse premises or environmental conditions, power fluctuations, rust, or any other cause beyond our
control. We will not be responsible for correction of outstanding violations or test requirements cited by appropriate
authorities prior to the effective date of this agreement.
7. Invoices (Including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the
last day of the month prior to the billing period. Late or non -payments will result in:
(a) 1-teesle past due ernatinis a! 11%4; peF FRORIh ef1he highest legal Fele availabl-6i
(b) Termination of the Agreement on ten (10) days prior written notice; and
(c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract.
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8. If either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided,
specifically describing the default. If cure of the default is not commenced within the thirty -day notification period, this
Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees
and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the
option, within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope
of work and price. if we are unable to match price and scope of work, or present an alternative proposal, this Agreement
may be canceled with ninety (90) days written notice.
9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or
any component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals,
software (which is subject to a limited license for use in this building/premises/ equipment only), modems, source/ access/
object codes, passwords and the Schindler Remote Monitoring feature ("SRM") (if applicable) which we will deactivate and
remove If the Agreement is terminated.
10. You will prevent access to the Equipment, including the SRM feature and/or dedicated telephone line if applicable,
by anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards
or settlements ("claims") arising from the use or misuse of SRM, if it or any portion of it has been modified, tampered wfth,
misused or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or
other such SRM output, nor for claims arising from acts or omissions of others in connection with SRM or from interruptions
of telephone service to SRM regardless of cause. You agree that you will defend, Indemnify and hold us harmless from and
against any such claims, and from any and all claims arising out of or in connection with this Agreement, and/or the
Equipment, unless caused directly and solely by our established fault.
11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this
Agreement will take precedence over those of the purchase order.
12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance.
You agree to accept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our
standard Certificate of Insurance. Limits of liability as follows:
(a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in all states and the
District of Columbia.
(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence,
Products/Completed Ops Aggregate $5,000,000.
(c) Auto Liability - $5,000,000 CSL.
(d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit.
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