CM-07-03-031Purchaser: City of Round Rock
221 East Main
Round Rock, Texas 78664
Location: City of Round Rock
Various
Round Rock, Texas
By:
PER TCPN CONTRACT
ThyssenKrupp Elevator Corporation
3615 Willow Springs Road
Austin, Texas 78704
Telephone: 512-447-9511, 888-886-3944
Fax: 512-447-3433
E -Mail: justin.harmon@thyssenkrupp.com
Internet: www.thyssenkruppelevator.com
GOLD MAINTENANCE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchaser's elevator equipment as outlined in this agreement. We will endeavor to
provide a comprehensive maintenance program to maximize the performance, safety, and life span of your equipment.
Units To Be Maintained
Building Name, Unit Quantity Manufacturer
t ic..t DsPr
Perks -Ree One passenger Dover
Police Dept One passenger Dover
Parking Garage One passenger Dover
City Hall One passenger Dover
Public Library One passenger Dover
Water Treatment One passenger Dover
Water Treatment One passenger Schindler
McConico Building One passenger Dover
BACA Sr Activity One passenger ThyssenKrupp
OA- 0? -03-03 l
ThyssenKrupp Elevator
Elevator Maintenance Agreement
Type of Unit
Oildraulic, 2100 Ib
@ 100 fpm
Oildraulic, 2100 Ib
@ 100 fpm
Oildraulic, 2100 Ib
@ 100 fpm
Oildraulic, 2500 Ib
@ 100 fpm
Oildraulic, 4500 Ib
@ 110 fpm
Oildraulic, 2100 Ib
@ 100 fpm
Hydraulic, 2100 Ib
@ 100 fpm
Oildraulic, 2500 Ib
@ 100 fpm
Oildraulic, 5000 Ib
@ 125 fpm
Unit ID or Serial # Number of Floors
EF2237 Two (2)
ED3306 Two (2)
E90896 Three (3)
E90897 Three (3)
EJ3169 Two (2)
EG4382 Two (2)
S772687 Two (2)
EP2491 Two (2)
ET2599 Three (3)
Page 1 of 5
hyssenKrupt
Preventative Maintenance Program
Examine your elevator equipment for optimum operation.
• Control and landing positioning systems
• Signal fixtures
• Machines, drives, motors, governors, sheaves, and ropes
• Power units, pumps, valves, and jacks
• Car and hoistway door operating devices and door protection equipment
• Loadweighers, car frames and platforms, and counterweights
• Safety mechanisms
• Lubricate equipment for smooth and efficient performance.
• Adjust elevator parts and components to maximize performance and safe operation.
▪ Document all work performed on Maintenance Tasks & Records logs provided with each controller.
Full Coverage Parts Replacement
• Relamp all signals as required (during regularly scheduled visits).
• Repair or replace components worn due to normal wear. Refer to "Other Considerations" section for items not covered.
Quality 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 the 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.
Annual Safety Testing
Test equipment as outlined in the American National Standard Safety Code for Elevators and Escalators, ANSI A17.1, current edition as of the
date this agreement begins. We will perform govemor and safety tests on traction elevators once per year and relief pressure tests on hydraulic
elevators once per year. You agree to pay for any costs of the inspector or inspection fees.
Service Hours & Service Requests During Normal Working Hours
We will visit your elevators on a regularly scheduled basis. These visits will be performed during normal business hours, Monday through Friday,
8:00 am to 4:30 pm (except scheduled holidays). We will respond to service requests during these hours at no extra charge. Service requests
are defined as minor adjustments or emergency entrapments that can be accomplished in two hours or less (excluding travel time).
After Hours Service Requests
You will be responsible for all labor costs associated with service requests requiring a service technician outside of normal business hours. Such
costs will be billed at standard overtime rates, and will include travel time, travel expenses, and time spent on the job.
® 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 ThyssenKrupp's 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, for all the elevators at the location being serviced, or across an entire portfolio. Special
considerations regarding VIEW are set forth below.
❑ VISTA® (Check box if included)
VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA
monitors compatible equipment 24 hours a day, 7 days per week, 365 days per year. Constantly monitoring performance data on your
equipment provides ThyssenKrupp Elevator the ability to respond to operational irregularities quicker and more efficiently. With VISTA, we can
often dispatch a service technician to your location before any interruption in elevator service occurs. Service visits based on VISTA data will be
made during normal business hours of normal business days.
❑ SoundNet® (Check box if included)
SoundNet is ThyssenKrupp Elevator's 24-hour phone monitoring and emergency call service. Call representatives are trained to handle elevator
calls; 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 a computerized and hard copy record of time, date, and location of calls
received and action taken for the benefit of passengers and building owners.
ThyssenKrupp Elevator Maintenance Agreement Page 2 of 5
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 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.
Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance
by competent personnel to detect irregularities between elevator examinations. You agree to report immediately any condition that may indicate
the need for correction before the next regular examination. You agree to shut down the equipment immediately upon manifestation of any
irregularities in operation or appearance of the equipment, notify us at once, and keep the equipment shut down until the completion of any
repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the
elevator. You agree to provide our personnel a safe place in which to work. We reserve the right to discontinue work in the building whenever,
in our sole opinion, our personnel do not have a safe place in which to work. You agree to provide a suitable machine room including secured
doors, waterproofing, lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 90°F maximum. You also agree
to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for
removal and the proper handling of such liquids.
Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment
during the term of this agreement. You agree to accept our judgment as to the means and methods to be employed for any corrective work
under this agreement, including that you agree if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this Agreement
reveals an operational problem which jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until
such time as the operational problem is resolved. ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for
such action, and whether the proposed solution is covered by the terms of this agreement. In the event of the sale, lease or other transfer of the
elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such successor is made aware of
this agreement and assumes and agrees to be bound by the terms hereof for the balance of the agreement, and subject to termination as herein
provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the agreement.
In consideration of ThyssenKrupp Elevator performing the services herein specified, you expressly agree to indemnify, defend, save harmless,
discharge, release and forever acquit ThyssenKrupp Elevator, our officers, agents and employees from and against any and all claims,
demands, suits, and proceedings brought against ThyssenKrupp Elevator or our employees, including but not limited to loss, damage, injury or
death that are alleged to have arisen from the negligence of Purchaser 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. Your duty to indemnify does not apply to claims or losses determined to be caused by or resulting from the
negligence of ThyssenKrupp Elevator or our employees. You recognize that your obligation to ThyssenKrupp Elevator under this clause includes
payment of all attorney's fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or
lawsuits.
Insurance. You expressly agree to name ThyssenKrupp Elevator as an additional insured in your liability and any excess (umbrella) liability
insurance policy(ies). Such insurance must insure us for those claims or losses referenced in the above paragraph, and for claims or losses
arising from the sole negligence of ThyssenKrupp Elevator or our employees. You hereby waive the right of subrogation.
Items not covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or
replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering,
lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing,
buried piping, alignment of elevator guide rails, smoke and fire sensors, fire service reports, communication devices, security systems not
installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and
excluded in this agreement. Inspector's fees for annual inspections. Filing fees to TDLR. Special exclusion for Water Treatment Plant in Special
Conditions.
Other conditions. With the passage of time, equipment technology and designs will change. We will not be required to make any changes or
recommendations in the existing design or function of the unit(s). We shall not be obligated to service, make renewals or repairs upon the
equipment by reason of obsolescence, misuse of the equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch(es),
theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes,
lockouts, acts of God, or any other reason or cause beyond our control. In the event any component of the elevator becomes obsolete or
outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded
component at your expense. We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by
insurance companies, any govemmental agency or authority, or any third party.
Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no
responsibility for the operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms
of this agreement until the test has been made. We shall not be liable for damage to the building structure resulting from the performance of
safety tests. Should the respective system fail any of the required tests, it shall be your sole responsibility to make necessary repairs and to
place the equipment in a condition that will be acceptable for coverage under the terms of this agreement.
ThyssenKrupp Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, fire,
explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control, and in no event shall
ThyssenKrupp Elevator be liable for any damages, nor any consequential, special, or indirect damages. ThyssenKrupp Elevator shall
automatically receive an extension of time commensurate with any delay regarding the aforementioned.
In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies
due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees.
ThyssenKrupp Elevator Maintenance Agreement Page 3 of 5
In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not
affect the validity or enforceability of any other portion of this agreement.
Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive
any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not
be construed as a waiver of any of its rights under this agreement.
Price. The price for the services as stated in this agreement shall be One thousand one hundred fifty-six and 72/00 dollars ($1,156.72) 03
per month, excluding taxes, payable quarterly in advance.
i 0 ►S• Tavros(3)
Term. This agreement is effective for4ive•(4) years starting October 1, 2006 and is non -cancelable, except with thirty (30) days wri notice for
reasons of non-performance. 'Non-performance" is defined as our inability to remedy any deficiencies within thirty (30) day fter receiving
written notification from you. To ensure continuous service, this agreement will be automatically renewed for successiv ) year periods,
unless either party timely serves written notice upon the other party of its intention to cancel at least ninety (90) days before the end of the initial
five (5) year period, or ninety (90) days before the end of any subsequent live (5) year renewal period. Notice shall be sent by certified mail,
return receipt requested. Time is of the essence. T rcS" (3) f(&
Early Payment Discount. If you pay in advance for twelve (12) months of service on the units covered in this agreement, you may take a 3%
discount from the annual price.
Annual Price Adjustments. As the costs we incur for providing elevator service may increase, we will adjust the price of your service accordingly,
annually, effective on the date a field labor increase is implemented. We will adjust your monthly price based on the percentage change in the
average rate paid to elevator examiners. This rate consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in
place of or in addition to the hourly rate. Fringe benefits indude pensions, vacations, paid holidays, group insurance, sickness and accident
insurance, and hospital insurance.
Pricing may also increase or decrease in the event the equipment is modified from its present state.
Overdue Invoices. A service charge of 11h% per month, or the highest legal rate, whichever is less, shall apply to overdue accounts. If you do
not pay any sum within sixty (60) days from the billing date, we may also choose to do one of the following: 1) suspend all service until all
amounts due have been paid in full, or 2) declare all sums for the unexpired term of this agreement due immediately and terminate this
agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for damages or injuries to persons or property from
the lack of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator of any costs we incur as a result
of the suspension of service. Time is of the essence.
Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively
and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be
deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in 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 in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as
contemplated by you and us.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an
authorized ThyssenKrupp Elevator manager.
ThyssenKrupp Elevator Company: City of Round Rock ThyssenKrupp Elevator Approval:
By: //4 (✓
(Sign'aCbre of Authorized Individual)
ThyssenKrupp Representative
Justin Harmon
512-447-9511
/Op ?/DG
(Date of Submittal)
By: :�� By:
ture of Authorized Individual)
J4m63 R. Niise, P. E
(Print or Type Name)
Ci Ty /nfM -6,ER
(Print or Type Title)
3-9-07
(Date of Approval)
(Signature of Authorized Individual)
(Print or Type Name)
(Print or Type Title)
(Date of Approval)
ThyssenKrupp Elevator Maintenance Agreement Page 4 of 5
Special Considerations
1. VIEW
ThyssenKrupp Elevator agrees to provide a user name and password to purchaser via ThyssenKrupp's internet website, www.tke-view.com, for
purchaser access to maintenance and service call activity. Purchaser Internet connection shall be provided by others. Purchaser acknowledges
that data reported prior to January 1, 2004 may not be all inclusive of work actually performed. Additionally, purchaser acknowledges that any
work performed by repair, modernization, and/or construction personnel may not be included or accessible in VIEW until ThyssenKrupp
Elevator's PDA system for time reporting is fully implemented to all field employees. Records for additional information shall be available, when
requested, by contacting local TKE branch office. ThyssenKrupp Elevator reserves the right to restrict access to this information if purchaser's
account has an outstanding balance due that is greater than 30 days and/or if purchaser has provided written notifiication of intent to cancel
agreement.
2. Per TCPN Contract (Worksheet attached).
3. BACA Senior Activity Center, S/N ET2599: The contract billing for this unit begins at the expiration of the initial warranty period, to be
effective January 25, 2007.
4. Water Treatment Plant, S/N S772687 only: All jack repair items normally included (i.e. jack packing replacement,....) are excluded from
the contract coverage and will be billed under separate invoice.
ThyssenKrupp Elevator Maintenance Agreement Page 5 of 5
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BLUE SHEET FORMAT
DATE: March 5, 2007
SUBJECT: City Manager Approval- March 9, 2007
ITEM:
Consider an agreement with ThyssenKrupp Elevator for an elevator maintenance
agreement.
Department: Finance
Staff Person: Cindy Demers, Director of Finance
Justification:
This is a three-year monthly maintenance agreement for elevators located throughout
the City. This agreement will maximize the performance, safety, and lifespan of our
elevators.
Funding:
Cost: $41,642
Source of funds: General Fund & Utility Fund
Outside Resources: N/A
Background Information:
This contact was obtained utilizing the TCPN (The Cooperative Purchasing Network), a
cooperative in which the City is a member. The cost utilizing the TCPN contract is less
than what we have been paying in the past.
Public Comment:
Blue Sheet Format
Updated 01/20/04