HomeMy WebLinkAboutItem 06.fMarch 18, 2015 0 Item No.
APPROVAL OF ELEVATOR MAINTENANCE AGREEMENT
WITH THYSSENKRUPP ELEVATOR CORPORATION
FOR THE LAKEVILLE AREA ARTS CENTER
Proposed Action
Staff recommends adoption of the following motion: Approve Elevator Maintenance
Agreement with ThyssenKrupp Elevator Corporation for the maintenance of one
passenger elevator and one backstage vertical platform lift at the Lakeville Area Arts
Center for the period of March 1, 2015 through February 28, 2018.
The passage of this motion will result in contracting with ThyssenKrupp Elevator
Corporation to perform regular maintenance on passenger elevator and backstage
vertical platform lift.
Overview
The City is currently under contract with ThyssenKrupp Elevator Corporation to provide
inspections and maintenance on the passenger elevator and backstage vertical platform
lift at the Lakeville Area Arts Center. City staff recently requested quotes to perform
maintenance on the units for a three year period. ThyssenKrupp Elevator Corporation
submitted the lowest qualified quote.
ThyssenKrupp Elevator Corporation will provide full maintenance on a quarterly basis
on the Dover passenger elevator, and semi-annually on the backstage vertical platform
lift at a price of $1,500.00 for 2015 with an annual increase cap at three percent (3%) for
2016 and 2017.
Primary Issues to Consider
Has ThyssenKrupp Elevator Corporation provided adequate maintenance to the
units over the past three years? Yes, ThyssenKrupp Elevator Corporation has
provided adequate maintenance service on the two units.
Supporting Information
'F-levajor Vointenance Agreement with ThyssenKrupp Elevator Corporation
L
Maintenance & Operations Mgr.
Financial Impact: $1,500.00 Budgeted: Y/N Y Source: LAAC Budget
Related Documents (CIP, ERP, etc.):
Community Values: Good Value for Public Services
Gold Service Agreement
Purchaser: CITY OF LAKEVILLE
20965 HOLYOKE AVE
LAKEVILLE, MN 55044-9645
Hereinafter referred to as "Purchaser", "you", and "your".
By: ThyssenKrupp Elevator Corporation
2601 49th Avenue North Suite 100
Minneapolis, MN 55430
Phone: 612-588-7844
Fax: 866-523-2359
www.thyssenkruppelevator.com
Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator", "we". "us" and "our".
GOLD SERVICE 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
Building Location Manufacturer
Type Of Unit
Unit ID
# Of Stops
LAKEVILLE AREA ARTS
20965 HOLYOKE AVE Dover
Hydraulic
EM7093
4
LAKEVILLE AREA ARTS
20965 HOLYOKE AVE Wheelovator
Residential I
Chairlift
EM7093
2
I&,i
ThyssenKrupp Elevator Americas
Gold Service Agreement
Preventative Maintenance Proaram
We will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be
performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30
PM (except scheduled holidays). All work performed before or after normal business working days and hours shall be
considered "Overtime".
ThyssenKrupp Elevator will perform the following services:
Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will
cover the following components of your elevator system:
o Control and landing positioning systems
o Signal fixtures
o Machines, drives, motors, governors, sheaves, and wire ropes
o Power units, pumps, valves, and jacks
o Car and hoistway door operating devices and door protection equipment
o Loadweighers, car frames and platforms, and counterweights
o Safety mechanisms
Lubricate equipment for smooth and efficient performance
Adjust elevator parts and components to maximize performance and safe operation
Full Coverage Parts Repair and Replacement
ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal
wear, unless specifically excluded in the "Items Not Covered" or "Other Conditions" provisions herein. We maintain a
comprehensive parts inventory to support our field operations. All replacement parts used in your equipment will be new
or refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24
hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits).
Maintenance Control Program
ThyssenKrupp Elevator performs service in accordance with Al 7.1 — 2010 / CSA B44-10. Section 8.6 of the code requires
the unit owner to have a Maintenance Control Program (MCP), ThyssenKrupp's MCP meets or exceeds all requirements
outlined in Section 8.6. The Maintenance Control Program includes ThyssenKrupp Elevator's Maintenance Tasks &
Records documentation which shall be used to record all maintenance, repairs, replacements and tests performed on the
equipment and is provided with each unit as required by code. ThyssenKrupp Elevator also provides per Section 8.6 of the
code, a maintenance tasks procedures manual with each unit; TKE calls this manual the BEEP Manual, or Basic Elevator,
Escalator Procedures Manual. We do not perform any tests unless such tests are specifically listed as included elsewhere
in this agreement.
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 our tools, documentation and
knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory
system.
Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team
of engineers and field support experts. Our North American technical support facilities continuously research
advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and
reliable operation of your elevator equipment.
To assure that quality standards are being maintained, we may conduct periodic field quality audit surveys. Your
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dedicated ThyssenKrupp Elevator representative will De available to discuss your elevator needs with you in all aspects
of service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with
budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your
equipment over time.
Service Requests During Normal Working Days and Hours
Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this
agreement from one or more of the following: you or your representative, the building or building's representative,
emergency personnel, and/or passengers through the elevator's communication device and/or from Vista Remote
Monitoring through the elevator's communication line. Service requests include minor adjustments and response to
emergency entrapments that can be accomplished in two hours or less (excluding travel time) and do not include
regularly scheduled maintenance visits.
We will respond to service requests during normal business working days and hours, as defined above, at no additional
charge.
Overtime Service Reauests
On all overtime service requests, you will be responsible for all labor costs including travel time, travel expenses, and time
spent on the job. Such costs will be Invoiced at our standard overtime billing rates. Overtime service requests are
performed before or after normal business working days and hours.
❑ VIEWA
VIEW is Thyssen Krupp Elevator's customer oriented, online service activity reporting system. VIEW allows building
owners and managers to monitor 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 locations 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.
❑ VISTA®(Check box if included)
VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of you
elevator(s). VISTA monitors compatible equipment 24 hours per day, 7 days per week,and 365 days per year. Constantly
monitor performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational
irregularities quickly 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
on normal business days.
® ThyssenKruun CommWmlcatlons® (Check box if included)
ThyssenKrupp Communications 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.
ThyssenKrupp Communications 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. Special considerations regarding
ThyssenKrupp Communications are set forth below.
Through its centralized ThyssenKrupp Communications call center, ThyssenKrupp Elevator will provide 7 days per week,
24 hours per day, 365 days per year dispatching service for calls placed by Purchaser after normal business working days
and hours to the local ThyssenKrupp Elevator branch office and telephone monitoring on all elevator(s) maintained under
this Agreement that have operational telephone equipment capable of placing a call to that call center. Depending on the
nature of the call and circumstances, ThyssenKrupp Elevator's operators can call one or more of the following: Purchaser's
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Designated Contacts set forth in Section 2 below; Local Emergency Services at phone numbers provided by Purchaser in
Section 3 below; and/or a local ThyssenKrupp Elevator service technician to be dispatched to the location of the
equipment.
Purchaser hereby acknowledges that as a condition precedent to ThyssenKrupp Elevator's placement of calls to
Purchaser's Designated Contacts and any Local Emergency Services under this Agreement, Purchaser must first
complete Sections 1 and 2 below. Purchaser further acknowledges that it is Purchaser's sole responsibility to advise
ThyssenKrupp Elevator immediately in writing of any changes to the information contained in those two (2) sections during
the term of this Agreement. Purchaser acknowledges that no revision to that information will be made without
ThyssenKrupp Elevator first receiving such request in writing from Purchaser's authorized representative.
Under those circumstances where ThyssenKrupp Elevator is unable to reach Purchaser's Designated Contacts set forth in
Section 2 below, Purchaser hereby gives ThyssenKrupp Elevator express permission to dispatch a ThyssenKrupp
Elevator service technician to the location of the equipment at Purchaser's expense in accordance with ThyssenKrupp
Elevator's applicable billing rates. Purchaser further agrees that ThyssenKrupp Elevator does not assume any duty or
responsibility to advise any caller, regardless of his or her location within or outside the elevator, to take or not take any
specific action resulting from a medical or other emergency or any other situation including, but not limited to, entrapment
of persons, evacuation, repair or return to service of any equipment.
In the event that a ThyssenKrupp Elevator call center operator perceives that a call from within the elevator constitutes a
medical or other emergency, Purchaser hereby gives ThyssenKrupp Elevator the express permission to call Local
Emergency Services at the telephone numbers provided by the Purchaser in Section 3 below at ThyssenKrupp Elevator's
sole discretion. Under those circumstances, Purchaser agrees to pay all related charges for services provided by any
Local Emergency Services in response to that call. Purchaser agrees that ThyssenKrupp Elevator shall not be responsible
for ensuring an appropriate (or any) response by Local Emergency Services to that call.
None of the services described anywhere in this Agreement includes maintenance of any type or kind of the Purchaser's
telephone or other communication equipment. The Purchaser retains possession and control of its telephone and other
communication equipment and is responsible for ensuring uninterrupted operation of that equipment so that it is capable of
placing a call to ThyssenKrupp Communication's call center.
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• • •lYll • j • j •u• • •11• =Tuml!c
Section 1, Elevator Detail:
Total number of elevators in Building: �4
Elevator Elevator Telephone Number including Elevator Elevator Telephone Number including
# A Area Code # Area Code
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Section 2, Purchaser Designated Contacts:
In the event of an emergency, or perceived emergency affecting the equipment covered by this Agreement, the Purchaser designates the following as
its decision-making contacts:
Contact Name
Title Primary Telephone #
Secondary Telephone #
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2
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Section 3, Local Emergency Services Contact Information: <,//
Phone # for Local Police Department: ( } - l`/
Phone # for Local Fire Department: e7a
Section 4, Purchaser's Special Instructions:
The following are special ins ructionsfovided b Purc ase yys with resp thoe, info PP tion supplied above:
f,,,-, evyi, C'i p j+lq 1 lP e✓reg�'� r
® Periodic Safety Testing (Check box if included)
ThyssenKrupp Elevator will test your equipment in accordance with those periodic 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 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
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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 immediately
report any condition that may indicate the need for correction before the next regular examination. You agree to
immediately shut down the equipment upon manifestation of any 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 ten (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 50°F and 90°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 Elevator'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 immediately advise you in writing of
such action, the reason for such action, and whether any proposed solution is covered by the terms of this agreement.
Other
You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of
the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods
employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's top priority is the
satisfaction of its customers, if you should have any concern(s) with the means and methods used to maintain or repair
the equipment covered under this agreement, you agree to provide us with written notice of that concern and give us
thirty (30) days to respond either in writing or commence action to appropriately resolve it.
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 and
agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement.
Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed
for the balance of the current unexpired term of this agreement.
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, 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; below ground or unexposed piping, alignment of
elevator guide rails, smoke and fire sensors, fire service reports, all communication and entertainment devices, security
systems not installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters,
ventilation fans, pit pumps and all other items as set forth and excluded in this agreement.
Other Conditions
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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 repaired and is no longer stocked and readily
available from either the original equipment manufacturer or an aftermarket source, that part or component shall be
considered obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as
well as all charges required to ensure that the remainder of the equipment is functionally compatible with that
replacement part or component. In addition, we will not be required to make any 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 or directed by insurance companies, governmental agencies or authorities, or any other third party.
Moreover, we shall not be obligated to service, renew, replace and/or repair the equipment due to any one or more of the
following: anyone's abuse, misuse and/or vandalism of the equipment; anyone's negligence in connection with the use or
operation of the equipment; any loss of power, power fluctuations, power failure, or power surges that in any way affect
the operation of the equipment; fire, smoke, explosions, water, storms, wind, lightening, acts of civil or military authorities,
strikes, lockouts, other labor disputes, theft, 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 caused 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 shall 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 that 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(s) into compliance with the applicable elevator codes in your local jurisdiction.
In the event an Attorney 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.
You hereby waive trial by jury. You agree that this agreement shall be construed and enforced in accordance with the
laws of the state where the equipment is located. You consent to jurisdiction of the courts, both state and Federal, of the
state in which the equipment is located as to all matters and disputes arising out of this agreement.
In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute,
such finding shall not affect the validity or enforceability of any other portion of this agreement.
Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not
operate to forfeit or waive any of said 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.
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The price for the services as stated in this agreement shall be One Hundred Twenty Five Dollars ($125.00) per month,
excluding taxes, payable Quarterly in advance.
Term
This agreement is effective for Thirty Six (36) month(s) starting 03/01/2015 and is non -cancelable.
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 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 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 include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and
hospital insurance. We also reserve the right to 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 adjustment 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 rayment miscount
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 payment.
Overdue Invoices
A service charge of 1Yz% per month, or the highest legal 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. If you do
not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of
whether it is billed pursuant to this agreement or 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 all service until all amounts due have been paid in full, and/or
2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages and terminate our
obligations under this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for
personal injury, death, damage to property (including damage to the equipment that is the subject matter of this
agreement) or losses of any other type or kind that is in any way related the 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 your equipment during that time. Time is
of the essence.
Pledge 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 and conditions of this Agreement,
Purchaser shall advise ThyssenKrupp Elevator of the specific deficiency in writing and shall allow a reasonable period of
ninety (90) 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 ninety (90)
days prior written notice to ThyssenKrupp Elevator. 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.
Change of Ownership or Management of Premises
If during the initial term of this agreement, ownership or management of the premises where the equipment is located is
transferred to a party other than Purchaser, Purchaser agrees to see that such transferee is made aware of this
agreement. Purchaser shall also advise ThyssenKrupp Elevator in writing of said transfer and thereafter have the right to
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terminate this agreement upon thirty (30) days prior written notice to ThyssenKrupp Elevator. The parties, however,
acknowledge that because ThyssenKrupp Elevator has amortized the cost of certain repairs over the full initial term of
this agreement, any premature termination by Purchaser shall result in damages to ThyssenKrupp Elevator. In the event
of such termination, ThyssenKrupp Elevator will provide the Purchaser with a detailed description of the those repairs,
including the total time spent by ThyssenKrupp Elevator personnel to complete them and ThyssenKrupp Elevator's cost
for any parts associated therewith, and the amount amortized and paid through the date of termination and Purchaser
shall pay ThyssenKrupp Elevator the remaining unpaid balance on those repairs at ThyssenKrupp Elevator's current
billing rates. Written notice of termination shall be sent by certified mail, return receipt requested to the address set forth
on page 1 of this agreement.
Submission of Proposed Agreement when Original Agreement in Full Force and Effec#
In the event that Purchaser and ThyssenKrupp Elevator are parties to an existing elevator maintenance agreement at the
time this proposed agreement is submitted for consideration, the existing agreement will remain in full force and effect
until such time as this proposed agreement is accepted and fully executed in writing by both parties. Upon full
acceptance by both parties, this proposed agreement shall supersede all prior agreements.
Special Considerations
• Annual price adjustments shall be capped at a maximum of 3%
• 4 Preventative Maintenance visits are included annually.
• The handicapp lift onsite will be serviced on an examination and lubrlctation coverage basis and includes 2
maintenance visits annually. Should any callbacks or repairs be required beyond such scope, it will be billed or
decided on separately.
• Upon approval of such service agreement, TKE will provide two months of free service as a credit back towards the
missed service in 2014.
INSURANCE
ThyssenKrupp Elevator agrees to carry General Liability insurance in the amount of $2,000,000 per occurrence with a
$2,000,000 aggregate. The City of Lakeville will be included as additional insured. As additional insured, the City of
Lakeville will be defended and indemnified for actions arising from ThyssenKrupp Elevator's acts, actions omissions or
neglects; but will not be defended or indemnified for its own acts, actions, omissions or neglects.
INDEMNIFICATON
In consideration of ThyssenKrupp Elevator performing the services herein specified, ThyssenKrupp Elevator expressly
agree to indemnify, defend, save harmless, discharge, release and forever acquit the City of Lakeville from and against
any and all claims, demands, suits, and proceedings brought against City of Lakeville for personal injury or death that are
alleged to have been caused by ThyssenKrupp Elevator 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. ThyssenKrupp Elevator's duty to indemnify does not
apply to the extent that the loss, property damage, personal injury or death is determined to be caused by or resulting
from the negligence of City of Lakeville and/or its employees.
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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, even 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.
This proposal is submitted for acceptance within one -hundred twenty (120) days from the Date Submitted by the
ThyssenKrupp Elevator representative indicated below.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior
written approval of an authorized ThyssenKrupp Elevator manager.
7hysse p Elev r
rat' n•
CITY OF LAKEVILLE:
ThyssenKrupp Elevator Corporation
Approval:
By:
By:
By:
(nature o ThyssenKrupp
(Mayor Si?nature)
(Signature of
Elevator Representative)
Authorized Individual)
John Best
(Print or Type Name)
Nate Brouwer
Branch Manager
Sales Representative
Nate.Brouwer@thyssenkrupp.com
(City Clerk Signature)
(D to Submitted)
(Date of Approval)
(Date of Approval)
Elevator Maintenance Agreement
TK 11/11 Page 10 of 10
2015-217284 - ACIA-WKXBJM