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HomeMy WebLinkAboutContract 1763Schindler Elevator Corporation 895 Blue Gentian Road Eagan, MN 55121-1568 Telephone: (651) 406-5300 Fax: (651) 406-5321 Internet: http://www.us.schindler.corn SCHINDLER ELEVATOR CORPORATION 895 Blue Gentian Road Eagan, MN 55121-1568 Phone: 651-406-5339 Fax: 651-406-5321 QUARTERLY INSPECTION AGREEMENT Date: 01/22/2003 Estimate Number: PWAR-5J2KCT To: COLUMBIA HEIGHTS CITY HALL 590 40TH AVE NE COLUMBIA HEIGHTS, .MN 55421-3835 Building: COLUMBIA HEIGHTS CITY HALL 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421-3835 Attn: Henry Henry EQUIPMENT DESCRIPTION One (1) Dover Hydraulic Passenger Elevator, Two (2) Stops, 2100# Capacity, 100 FPM. SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us"), 895 Blue Gentian Road, Eagan, MN 55121-1568, and COLUMBIA HEIGHTS CITY HALL, 590 40TH AVE NE, COLUMBIA HEIGHTS, MN 55421- 3835 ("you") agree as follows: TERM This Agreement commences on July 01, 2003, and continues until June 30, 2008, and shall renew (where permitted by applicable local law) for subsequent similar pedods, unless terminated by either pady upon written notice received by the other party at least 90 days prior to the above termination date or any renewal termination date. PRICE In consideration of the Services provided hereunder, you agree to pay us the sum of $100.00 per quarter, exclusive of applicable taxes, subject to payment terms and Pdce Adjustment set forth below. You agree to pay, as an addition to the price herein, the amount of any current or future sales, use, excise or other tax applicable to the Services provided hereunder. 9001:2000 TIFIED PRICE ADJUSTMENT The contract Price will be adjusted annually, as of the first day of the anniversary month, and will be increased or decreased on the basis of changes to the local straight time hourly billing rate for mechanics. If there is a delay in determining a new labor rate, we will notify you and adjust the pdce at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the pedod of such delay. HOURS OF SERVICE We will perform the services dudng our regular working hours of regular working days. The services do not include callbacks during regular or overtime hours. If you authorize services outside the scope of this agreement, or callbacks at any time, you will pay us at our standard billing rates, plus materials not covered by contract, expenses andtravel. QUARTERLY INSPECTION COVERAGE WE WILL examine, lubricate, adjust, and as needed, recommend the repair or replacement of the Covered Components listed below. 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. WE WILL perform safety tests as indicated below for the equipment covered by this agreement: · For hydraulic elevators covered by this agreement, we will conduct an annual no Icad test and annual pressure relief valve test. · For traction elevators covered by this agreement, we will conduct an annual no Icad test. · For escalators covered by this agreement, we will conduct tests of operating and safety devices as required by A.S.M.E. A 17.1 or local code in effect as of the initial start date of this agreement. · You acknowledge that all other code required tests, including any requirements for 5 year full Icad test, step index tests, and monthly firefighters' service tests are your responsibility and you will perform and maintain records of such tests. · Our testing responsibilities do not include: fees or charges imposed by local authorities in conjunction with inspecting, licensing or testing the equipment; monthly local code testing requirements for firefighters' service which remain your responsibility to perform and keep records of such tests; step index tests; any other testing requirements imposed or enacted after the initial start date of this agreement. 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. ISO 9OO1 CERTIFIED HYDRAULIC ELEVATORS - COVERED COMPONENTS PUMPS; VALVES; MOTORS; CONTROLLER COMPONENTS AND PARTS, INCLUDING BEARINGS, WINDINGS AND COILS; ROTATING ELEMENTS; CONTACTS AND RELAYS; RESISTORS AND CONTRACTORS; PACKING; DRIVE BELTS; STRAINERS AND MUFFLERS; SOLID STATE DEVICES; EXPOSED PIPING IN THE MACHINE ROOM AND HOISTWAY; accessory equipment such as functional components of car and corddor operating statiops; hangers and tracks; door operating devices;, door gibs; car fan; guide rails (lubricate only, as needed); guide shoes; gibs and rollers; control cables; signal lamps (where appropriate based upon union jurisdiction and during scheduled examinations); interlocks; door closers; buffers; limit, landing and slowdown switches; door protective devices; elevator alarm bells. 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; 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, casings and cylinders; all piping and connections except that portion which is exposed in the machine room and hoistway; emergency power generators; telephone se[vice; disposal of used oil; intercom or music systems; ventilators, air conditioners or heaters; media displays; and fireman's phones. 9001 CERTIFIEE 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. By: Paul Wandmacher Accepted: For: Schindler Elevator Corporation Title: Sales Representative For: COLUMBIA HEIGHTS CITY HALL Title: Date: 1/22/03 / Appro~_~ ~,~ By:' Richard Romnes Title: District Manaqer ISO 9001 CERTIFIED Terms and Conditions: 1. This is the entire Agreement between us, and no other terms or conditions shall apply. 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, 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 agreed to post and maintain necessary instructions and / or warnings relating to the equipment. 3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual pdce of this Agreement. 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, stdkes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, dot, civil commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of matedal 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 paCty's suppliers or su. bcontractors, orders or instructions of any federal, state, or munidpal 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) one/half the 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 life 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 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; adverse premises or environmental conditions, power flucuations, 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 will be paid upon presentation, on or before the last day of the month pdor to the billing period. Late or non-payments will result in: (a) Interest on past due amounts at 1~% per month or the highest legal rate available; (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. 8. If either party to this Agreement claims default by the other, written notice of at least 10 days shall be provided, specifically describing the default. If cure of the default is not commenced-within-the ten-day ISO 9001 CERTIFIED notification pedod, this Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its attorneys' fees and costs. 9. Any proprietary material, information, data or devices contained in the Equipment, 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") adsing from the use or misuse of SRM, if it or any portion of it has been modified, tampered with, 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 adsing 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 adsing out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established fault. :t 1. 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 and limits of liability as follows: (a) Workers' Compensation and Employer's Liability - 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. 9001 CERTIFIED Inspection SCHINDLER ELEVATOR CORPORATION 895 Blue Gentian Road Eagan, MN 55121-1568 Phone: 651-406-5339 Fax: 651-406-5321 Date: August 09,2005 Estimate Number: PWAR-6F4HZM (2005.4) o a.. Q) is c :E u en To: Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 Building Name: Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 Attn: Henry P. Henry EQWPMENTDESCR~nON Qty Manufacturer Equipment App1ication Description Columbia Heights City Hall 590 40th Ave Ne Columbia Heights, MN 55421-3835 1 Dover Hydraulic Passenger Elevator Rise/Length Openings Capacity Speed Insta11t 2F/OR 2100 100 SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 895 Blue Gentian Road, Eagan, MN 55121-1568, and COLUMBIA HEIGHTS CITY HALL, 590 40th Ave Ne, Columbia Heights; MN 55421-3835 ("you") agree as follows: INSPECTION COVERAGE We will: . Periodically examine, lubricate, adjust, and as needed, recommend the repair or replacement of the Equipment . Report to you any necessary repairs discovered by us in the performance of such inspections . Upon your request, provide you with a proposal for necessary repairs at our standard billing rates . Perform safety testing TESTING OF SAFETY DEVICES Equipment Hydraulic Test Pressure/Relief Valve Frequency Annually Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with inspecting, licensing or testing the Equipment; 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. 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. Page 1 of 5 PWAR-6F4HZM 2005.4 1.---- I ~ ISO ' ~~~YI~r~;j 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. G "" Q) ::s c :E u en HOURS OF SERVICE We will perform the services during our regular working hours of regular working days. The services do not include callbacks during regular or overtime hours. If you authorize services outside the scope of this agreement, or callbacks at any time, you will pay us at our standard billing rates, plus materials not covered by contract, expenses and travel. TERM This Agreement commences on July 01, 2003, and continues until June 30, 2008, 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. PRICE In consideration of the Services provided hereunder, you agree to pay us the sum of $39.00 per month, payable in annual installments of $468.00, exclusive of applicable taxes, subject to payment terms and Price Adjustment set forth below. You agree to pay, as an addition to the price herein, the amount of any current or future sales, use, excise or other tax applicable to the Services provided hereunder. You may choose to make payments on a semi-annual basis, for a premium of 1% (initial here if semi-annual_), or on an quarterly basis, for a 3% premium (initial here if quarterly _). PRICE ADJUSTMENT The contract Price and labor rates for extra work will be adjusted annually, as of the date of the local labor rate adjustment, 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. Page 2 of 5 PWAR-6F4HZM 2005.4 il"so" I : 9001: 2000 ! iCEilTI"IEl)J 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: Accepted: By: Paul Wandmacher By: For: Schindler Elevator Corporation For: Columbia Heights City Hall Title: Sales Representative Date: August 09,2005 Approved: By: Richard Romnes Title: District Manager Date: Page 3 of 5 PWAR-6F4HZM 2005.4 G ... (l) :os c :.2 u (I) ISO 9001: 2000 CERTIFIEO 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. G "" 41 is c :E y en 3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price of this Agreement. 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) one/half the 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 life 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. [Unless otherwise agreed], We are not responsible for any work required 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; 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) Interest on past due amounts at 1 %% per month or the highest legal rate available; (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. 8. If either party to this Agreement claims default by the other, written notice of at least 10 days shall be provided, specifically describing the default. If cure of the default is not commenced within the ten-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. Page 4 of 5 PWAR-6F4HZM 2005.4 r -ISO] 9001: 2000. CERTIFIED i 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. 1 O. 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 with, 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. G .. Q,) :s c :.2 u fA 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 and limits of liability as follows: (a) Workers' Compensation and Employer's Liability - 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. 13. You hereby authorize us to produce single copies of the EPROM and!or ROM chips for each elevator subject to this Agreement for the sole purpose of archival back-up of the software embodied therein. The duplicate chip(s) for a given elevator shall be identified by serial number, or other means, and shall be stored on the building premises in a secured area in the elevator equipment room or you may retain possession. We agree that back-up chips are not for the benefit of purchase or sale, or for use in other elevator systems, and shall be used for no other purpose than the replacement of a defective or damaged chip on the particular elevator. In the event that the your continued possession of the computer program should cease to be rightful, we agree that all such archival copies shall be destroyed. 14. You acknowledge that certain replacement parts, such as printed circuit boards or control related parts, may be difficult to obtain. While we do not anticipate problems or delays obtaining such parts, it may be necessary or desirable for you to order such parts directly from the original equipment manufacturer ("OEM"). You agree, in such event, to order parts promptly from the OEM, at any time and from time to time, as specified by us. We agree to reimburse you for the reasonable cost of such parts (as covered by this Agreement) promptly upon receipt from you of copies of the invoice(s) together with appropriate payment documentation. 15. Should conditions arise requiring use of the OEM diagnostic tool, we will promptly notify you. You agree, in such event, to promptly contact the OEM for diagnostic service and repair. You will be responsible for all costs related to such service and repair. You further agree that we shall not be responsible for any delays, damage, costs or claims associated with you or OEM's failure to timely provide a diagnostic tool, and you will indemnify, defend and hold us harmless from any such delays, damage, cost or claim. Page 5 of 5 PWAR-6F4HZM 2005.4 ISO I' 9001; 2000 CERTIFIED MAk/Ul/'lUUy/MUN U~:~l ANl r, uuu I`~35 t~~3 Schiinc])<er Elevator Cox oration Schindler Elevator Corporation 895 BLUE GENTIAN RD EAGAN M N 55121-1568 May 21,2008 T0: JOHN P MURZYN MALL ATTN HENRY HFJ~IRY 530 MILL ST NE COLUMBIA HEIGHTS MN 55421-382 Re: Services rendered at: COLUMBIA HEIGHTS CITY HALL ATTN BUILDING INSPECTOR 590 40TH AVE NE COLUMBIA HEIGHTS M N 55421-353 Dear Valued Customer, Our inspection maintenance agreement 4100005355 provides for an annual review of our costs, and adjustment of the price to reflect any changes in those casts. Our labor costs have risen- .by 5.69 °1o in the past y®ar based on our technician's hourly rate and fringe benefits. As a result of these cost changes, your price for the contract year will be $546.36 per billing period, (not including sales tax, if applicable), beginning. 07/01/2008. Our continued investments actually .provide many new value added services that include: safety technology, automated service tools, equipment improvements, as well as extensive technical training and 24 hour access to service history via the Internet at US.SCHINDLF~i.COM. Thank you for your business. Very truly yours, Rick Romney District Manager PLEASE 170 1V'OT PAY THIS IS ,N02' AN •INVO~ZC~E