HomeMy WebLinkAboutResolution - 2012-R0360 - Contract - Thyssenkrupp Elevator - Upgrade Mahonllibrary Elevator - 09_27_2012ResolutionNo. 2012-RO360
September 27, 2012
Item No. 5.20
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Contract No. 10915 for an upgrade to
Mahon Library elevator, by and between the City of Lubbock and ThyssenKrupp
Elevator, and related documents. Said Contract is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on September 27, 2012
I Wo PIWIBMP�TSON,MMAYOR
F,
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark NarwodYd, Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
46 4�'
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Contract-ThyssenKrupp Elevator
September 4, 2012
Resolution No. 2012—RO360
AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") made and entered into on this
271" day of September, 2012 by and between CITY OF LUBBOCK, having an address of
P.O. Box 2000, Lubbock, Texas 74457 (hereinafter referred to as "Purchaser"), and,
ThyssenKrupp Elevator Corporation, a Delaware corporation, having an address of 114
Townpark Drive, Kennesaw, Georgia 30144 (hereinafter referred to as "Contractor"). In
consideration of the mutual covenants contained herein, Contractor agrees to perform the
services described herein and Purchaser or its members agree to pay the amounts
described herein, all on the terms and conditions set forth in this Agreement.
1. INDEPENDENT CONTRACTOR RELATIONSHIP:
Contractor shall assume all duties under this Agreement as an independent
contractor, and shall not be deemed for any purpose to be an agent, servant, or
representative of Purchaser. Purchaser shall have no direct control of Contractor, its
agents, or subcontractors in the performance of the work hereunder. Nothing contained
herein shall be construed to be inconsistent with such independent contractor relationship.
2. BY HIGHLY -TRAINED CONTRACTOR PROFESSIONALS:
Contractor employed and supervised elevator technicians, who are among
the most trusted in the industry, will provide all maintenance courteously and
dependably. Our elevator technicians receive ongoing training in general equipment
development as well as advancements made to your specific elevators.
3. ASSURANCE OF CONTRACTOR STANDARD OF QUALITY:
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.
Behind our technicians' is a team devoted to elevator excellence.
Technicians are supported around the clock by a family of engineers and field support
experts. Our North American Technical Support Facilities continuously research
advancements in the Industry and in your equipment.
Contractor maintains a comprehensive parts inventory to support our field
operations. Replacement parts are stored throughout North America in Contractor's
facilities, and are normally available as necessary. Most specialized parts are available
within 24 hours, seven days a week. All replacement parts used in your elevator will be
new or refurbished to meet the quality standards of Contractor.
4. COMPLIANCE WITH LAWS:
The rights and duties arising under this Agreement shall be governed by
the laws of the State in which the Property is located. In performing the Services
required under this Agreement, Contractor shall comply with all applicable federal, state,
Thyssen Krupp Elevator Corporation TCPN Contract # R5042
required under this Agreement, Contractor shall comply with all applicable federal, state,
county, and municipal statutes, ordinances and regulations. In the event that any portion
of this Agreement is determined to be against public policy or statute, then all other
provisions shall remain in full force and effect.
5. SCOPE OF SERVICES & PRICING:
The Scope of Services and Pricing included as Exhibit A.
6. INDEMNITY AND LIABILITY:
Contractor shall hold harmless and indemnify Purchaser, its managing
agent, and employees against all loss or liability, demands, judgments, expenses
(including attorney's fees), claims or actions based upon or arising out of damages or
injury (including death) to persons or property, including property owned, leased or
borrowed, incurred by or sustained in connection with the performance of this Agreement
to the extent caused by the acts, omissions, or negligence of Contractor, its
subcontractors, managing agents, servants or employees, or based upon Contractor's
violation of any statute, ordinance, building code or regulation. Contractor's obligations
under this paragraph do not include any injuries or damages, if any, that arise out of or
result frotn the negligence or concurrent negligence of Purchaser, its managing agent, or
other indemnitee.
Contractor shall also indemnify Purchaser and Purchaser's managing
agent against all liability and loss in connection with, and shall assume full responsibility
for payment of all federal, state and local taxes or contributions imposed or required
under unemployment insurance, social security and income tax laws, with respect to
Contractor's employees engaged in the performance of the Services or otherwise in
connection with this Agreement.
Contractor shall not be liable for any damages or delays caused by acts of
government, strikes, lockouts, fire, explosions, theft, floods, riot, civil commotion, war,
malicious mischief, acts of God or any other cause beyond its control, and in no event
shall Contractor he liable for special, 'indirect or consequential damages.
7. INSURANCE REQUIREMENTS:
At its sole expense, Contractor shall carry and maintain throughout the
"berm of this Agreement the insurance described below. Policies must be with carriers
licensed to do bl4SineSS where the services are to be performed. The form of the
insurance shall at all times be subject to Purchaser's reasonable approval, and the carrier
or carriers must be good and responsible insurance companies. The all risk and
liabilities policies must each contain a provision by which the insurer agrees that such
policy shall not be canceled except after thirty (30) days written notice to Purchaser.
Before the start of work, Contractor shall submit to Purchaser a Certificate
of Insurance showing that all insurance requirements have been met. if any policy
expires during the term of this Agreement, is shall automatically be renewed and a new
Certificate of Insurance shall be sent immediately to Purchaser.
Workers' Corripensation Statutory Limits
ThyssvnKrupp Elevator 2 TCPN C
Employer's Liability $1,000,000 each accident
$1,000,000 policy limit -disease
$1,000,000 disease -each employee
General Liability
This shalt include all major divisions of coverage and be on a commercial
occurrence form. It shall include premises operations, products and completed
operations, contractual, personal injury, owner and contractor's protective and broad
firm property damage.
Limits Primary: $2,000,000 each occurrence — BI & PD
$2,000,000 general aggregate
$2,000,000 personal injury & adv. Injury
Automobile Liability and Property Damage
This shall be on an occurrence basis with a combined single limit of
$2,000,000. It shall include all automobiles owned, leased, hired or non -owned.
PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE
FORM OF A CERTIFICATE OF INSURANCE, THE INSURANCE CERTIFICATES
FURNISHED SHALL. NAME THE CITY OF LUBBOCK AS ADDITIONAL INSURED OIL
AUTO/GENERAL LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS TO
INCLUDE PRODUCTS OF COMPLETE OPERATIONS. PROVIDE A WAIVER OF
SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK, OR IN THE ALTERNATIVE,
SHALL BE ACCOMPANIED BY A STATEMENT FROM THE CONTRACTOR TO TIIE
EFFECT THAT NO WORK ON THIS PARTICULAR PROJECT SHALL BE
SUBCONTRACTED. 11' SHALI. BE THE CONTRACTOR'S RESPONSIBILITY TO
PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS
INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR.
COPIES OF THE ENDORSEMENTS ARE REQUIRED_
8. PURCHASER RESPONSIBLITIES:
Product Information. Purchaser agrees to provide Contractor with current
wiring, diagrams that reflect all changes, parts catalogs, and maintenance instructions for
the equipment covered by this agreement. Purchaser agrees to authorize Contractor 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. Purchaser agrees 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. Purchaser agrees to
report immediately any condition that may indicate the need for correction before the
next regular examination. Purchaser agrees to shut down the equipment immediately
upon manifestation of any irregularities in operation or appearance of the equipment,
notifying us at once, and written notice within ton (10) days after any occurrence or
accident In or about the elevator. Purchaser agrees to provide our personnel a safe place
in which to work. Contractor reserves the right to discontinue work in the building
whenever, in their sole opinion, the personnel do not have a safe place in which to work.
ThyssenKrupp Flevitor 3 TCPN C
Purchaser agrees to provide a suitable machine room including secured doors,
waterproofing, lighting, ventilation and heat to maintain the room at a temperature of
50°I~ minimum to 90°F maximum. Purchaser also agrees 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. Purchaser agrees not to permit others to make alterations,
additions, adjustment, or repairs or replace any component or part of equipment during
the term of this agreement. Purchaser agrees to accept our judgment as to the means and
methods to be employed for any corrective work under 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, Purchaser agrees 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 herein provided, or otherwise be
liable for the full unpaid balance due for the full unexpired term of the agreement.
kerns Not Covered. Contractor does 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, intercommunication 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.
9. NON WAIVER:
Waiver of any breach or failure to enforce any of the terms of conditions
of this Agreement at any time shall not limit or waive either party's rights thereafter to
enforce or compel strict compliance with every term and condition of this Agreement.
Course of conduct or failure to enforce shall not constitute a waiver of any written
provision of this Agreement
10. NON — ARBITRATION:
The City reserves the right to exercise any right or remedy available to it
by law, contract, equity, or otherwise, including without limitation, the right to seek ally
and all forms of relief in a court of competent jurisdiction. Further, the City shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek judicial
remedy. The remedies set forth herein are cumulative and not exclusive, and may be
exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this document, this provision shall control.
11. FEDERAL PROVISIONS/ACTS—
Contractor shall comply with provisions of Executive Orders 11246,
11375, 11758, Section 503 of the rehabilitation Act of 193, Victnam Era Veteran's
Readjustment Act of 1974, 38 U.S.C. 4212 and 41 CFR Chapter 60. Contractor shall
Thyssen Krupp Elevator 4 TCPN C
support Equal Employment Opportunity and Affirmative Action's Compliance
programs.
Contractor covenants and agrees to comply in all respects with the
Immigration Reform and Control Act of 1986 (PL99-603) and all rules and regulations
adopted pursuant thereto, and agrees to indemnify and hold Purchaser harmless of and
from any claims and/or demands asserted against Purchaser and/or any costs or expenses
suffered or incurred by Purchaser, including attorney's fees, as a result of Contractor's
failure or alleged failure to comply with such Act, rules and regulations.
Purchaser's acceptance of this agreement and its approval by an executive
officer of Contractor will constitute exclusively and entirely the agreement for the service
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 Purchaser's acceptance be in the form of a purchase order or similar
document, the provisions, terms and conditions of this agreement will govern in the event
of a conflict. This proposal and contract is hereby accepted.
ACCEPTED:
CITY OF LURBOCK
BY:
obe ,Mayor
W
ATTEST:
Re cca Garza, City Secretary
C�
DATE: 9-27-2012
APPROVED AS TO CONTENT:
Mark earwoo Ass itC y Manager
A:P --) 6'As4z, —�11
Assistant City Attorney
"The attached amendment No t tt
shall be made s pan of this agreement."
THIY(SS,;NKRUPP ELEVATOR CORP.
BY:
7-1yth, Branch Manager
Administrator
DATE: G 7
ThyssenKrupp Elevator 5 TCPN C
RE: MAHON LIBRARY, LUBBOCK, TX.
068 M
PAGE 1 OF 1
08-30-12
AMENDMENT NO. 1
This Amendment No. 1 shall be made a part of th's Agreement and in the event of conflict with
other articles, terms, conditions, or contract documents, this Amendment No. 1 shall be final.
7. INSURANCE REQUIREMENTS
Amend so that the additional insured coverage provides a defense and indemnity only for actions
arising from Contractor's acts, actions, omissions, or neglects but does not provide defense or
indemnity for the additional insured(s) own acts, actions, omissions, neglects or for unproven
allegations. Waiver of subrogation is limited only to sole acts and actions of Contractor and in no
way limit right of subrogation for acts, actions, neglects or omissions of the City of Lubbock or
others.
CITY OF LUBBOCK
BY:
TITLE:
JMB
NKRUPP ELEVATOR CORPORATION
BY: I JA ES M. BAIRD
TITLEJ CO RACT ADMINISTRATOR
7, 7 TKqZ7,�'
HYpower
HYDRAULIC ELEVATOR MODERNIZATION PROPOSAL
Exhibit A
PREPARED FOR:
Mahon Library
1306 9th Street
Lubock TX 79401
PREPARED BY:
ThyssenKrupp Elevator
906 S. Big Spring
Midland, TX 79701
Table of Contents
Part 1
General
Part 2
Description of Equipment
Part 3
Modemszation Equipment Features
Part 4
Miscellaneous
Part 5
Test
Part 6
Clean-up and Inspection
Part 7
Work Not Included
Part 8
Special Conditions
Part 9
Terms and Conditions
Part 10
Prices and Terms of Payment
Page 2 of 14
PART 1-GENERAL
1.01 All work will be performed in a workmanlike manner and will include all work and
material as specified herein. In all cases, where a device or part of the equipment is
herein referred to in the singular number, it is intended that such reference will apply
to as many such devices as are required to complete the installation.
1.02 All work will be performed in accordance with the latest revised edition of the
American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and
Moving Walks (ANSI Al7.1), ANSI Al17.1 Barrier Free Code as pertaining to
Passenger Elevators, the Americans with Disabilities Act (ADA), the National
Electrical Code, and/or such State and Local elevator codes as may be applicable.
1.03 STORAGE: A dry and protected area, within the building, conveniently located to the
elevator hoistways, will be assigned to ThyssenKrupp Elevator Corporation without
cost, for storage of his material and tools.
1.04 WARRANTY: ThyssenKrupp Elevator Corporation will warrant the equipment installed
under this specification against defects in materials and workmanship and will correct
any defects not due to ordinary wear or tear or improper use or care which may
develop for a period of twelve (12) months following the completion and acceptance of
each elevator covered by this specification.
1.05 WIRING DIAGRAMS: Two (2) complete sets of "made final' wiring diagrams
including input and output signals will be furnished to the Owner.
Page 3 of 14
PART 2 - DESCRIPTION OF EQUIPMENT:
QUANTITY:
One Passenger Hydraulic Elevator(s)
CONTROL:
New microprocessor based controller
CAPACITY:
2000 Pounds
SPEED:
125 Feet per Minute
OPERATION:
Simplex Selective Collective
CAR SLING & PLATFORM:
Reuse existing
CLEAR INSIDE:
Reuse existing
TRAVEL:
20 Feet (approximately)
POWER SUPPLY:
480 VAC (3 Phase) (Reuse existing)
STOPS:
3 Stops
OPENINGS:
3 Front Openings
HOISTWAY ENTRANCES:
Reuse existing hoistway entrances and doors.
DOOR OPERATION:
New Closed Loop Door Operation
HOISTWAY DOOR OPERATION
Refurbish as required
CAR ENCLOSURE:
Retain existing
SIGNALS:
New Car and Hall Signals as required by Code
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Page 4 of 14
PART 3 - MODERNIZATION EQUIPMENT FEATURES:
3.01 Car Sling & Platform
Reuse existing. Provide new Toe Guard
3,02 Power Unit
A new Submersible Power Unit will be provided.
3.03 Jack Unit
Reuse existing,
3.04 Piping
All necessary pipe and fittings to connect the power unit to the jack unit shall be
3.05 Oil
Furnish oil of the proper grade.
3.06 Controller I Leveling System
TAC32 AUTOMATIC PUSHBUTTON OPERATION: The elevator control system will
be microprocessor based and software oriented. The system will operate in real time,
continuously analyzing the cars changing position, condition, and workload. Control
of the elevator shall be automatic in operation by means of pushbuttons in the car
numbered to correspond to floors served. For registering hall stops "up -down"
pushbuttons will be provided at each intermediate landing and "cali" pushbuttons at
terminal landings. The momentary pressing of one or more buttons shall dispatch the
car to the designated landings in the order in which the landings are reached by the
car, irrespective of the sequence in which the pushbuttons are pressed.
When the car is traveling in the up direction, it shall have an up preference and shall
stop at all floors for which car buttons or "up" hail pushbuttons have been pressed; it
shall not stop at floors where "down" pushbuttons have been pressed, unless the stop
for that floor has been registered by a car button, or unless the down call is at the
highest floor for which any buttons have been pressed; when the car is traveling in the
down direction it shall not stop at floors where "up" pushbuttons have been pressed,
unless the stop for that floor has been registered by a car pushbutton, or unless the
up call is at the lowest floor for which any buttons have been pressed.
The following features are included:
Solid State Starter: Minimizes power surges with smooth and steady
current to the motor.
VISTA Remote Monitoring: Communication device that relays critical
elevator information to the local branch.
ADA Compliant: Meets all ADA codes.
Battery Lowering: Provides supplemental power to the elevator controls in
case of power failure.
Tenant Security: Includes interface for card reader security.
Leveling System: Provide new tape selector with two way leveling,
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Page 5 of 14
3,07 Car Guides
Reuse the existing guide shoes,
3,08 Car Door Operation: HD-04 Door Operator,
Provide new closed loop door operation features, designed to operate the car and
hoistway doors simultaneously. Door movements will be electrically cushioned at
both limits of travel. Doors will automatically open when the car arrives at a landing
and will automatically close after an adjustable time interval or when the car is
dispatched to another landing.
3.09
Car Door RestHctors
Mechanical Door Restrictors will be provided in accordance with ANSI A17.1 Code,
3.10
Door Protection
Janus Model 640 Edge detector
3.11
Holstway Entrances and Door Equipment
The existing hoistway door frames and door panels will be retained. The existing
hoistway pickup rollers and Interlocks will be reused.
3.12
Hoistway Entrances
Reuse existing.
3.13
Hoistway Jamb Braille
New ADA Compliant Braille plates wilt be installed on the existing hoistway entia1
frames.
3.14
Car Operating Panels
A new Car Operating Panel will be provided accommodating all features
mmm. .
provided by the microprocessor based controls. The new car operating panel
will be provided with new push buttons, ADA compliant telephone, fire service
features, emergency lighting and Braille.
Monitoring of the ADA Phone may be purchased through ThyssenKrupp
a '.
Elevator, but is not included in this price.
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3.15
Car Position Indicator
A new digital car position indicator will be incorporated in the new car
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operating panel.
3,16
Arrival Lanterns
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New Car Traveling Lanterns will be provided in the elevator.
3.17
Floor Passing Signal
An ADA compliant audible signal will be provided to indicate to a passenger
on the elevator that the elevator Is stopping or passing a floor,
3.18
Alarm Bell
An emergency alarm bell will be connected to a plainly marked pushbutton in the
elevator operating panel and to the battery operated emergency light device.
3.19 hall Pushbuttons
New Fusion surface mounted hall pushbutton fixtures will be installed at each landing.
The new fixtures will include the Fire Exiting signs. The main egress floor will contain
the Fire Service keyswitch and required verbiage.
Page 6 of 14
3.20 Hall Position Indicators and Hall Lanterns
These are not included in this package.
3.21 Traveling Cable and Wiring
All hoistway, machine room and car wiring, including traveling cable, will be replaced
as necessary to fulfill the requirements of the new microprocessor controls.
3.22 Pit Ladders
The existing pit ladder will be reused.
PART 4 - MISCELLANEOUS WORK AND SCHEDULE:
4.01 Alt work will be performed during regular working hours as is customary in the elevator
Industry.
4.02 The elevator will be out of service in the performance of the work as specified. The
estimated time for each elevator to be completely out of service will be approximately
four weeks.
4.03 Prior to commencing work, a work schedule will be submitted to the Owner.
PART 6 - TESTS:
5,01 EMERGENCY FIRE SERVICE: Perform Phase I and Phase 11 Fire Service tests to
conform to applicable codes.
5.02 REQUIRED TESTS: All required tests are to be performed during the regular working
hours of the elevator trade. Should the Owner require this test to be performed
outside the regular working hours, there would be a change order to the original
quoted contract amount.
PART 6 - CLEAN UP AND INSPECTION:
6.01 CLEAN UP: ThyssenKrupp Elevator Corporation will remove all debris resulting from
work on this contract. In addition we will remove from project site all equipment and
unused or removed materials and restore building and premises to neat, clean
appearance.
6.02 INSPECTION: All materials and workmanship will be subject to inspection or testing.
The Owner will have the right to reject defective or inferior material or workmanship
and require correction of such without addition cost to the Owner.
Page 7 of 14
PART 7 - WORE( NOT INCLUDED:
This proposal does not include the following work, and is conditioned on the proper
performance of such work by the General Contractor or other Subcontractors.
A legal hoistway properly framed and enclosed, and including a pit of proper depth provided
with ladder, sump pump, lights, access doors and waterproofing, as required. Dry elevator
pit(s). Provide legal machine room with adequate code complaint clearances for elevator
equipment, including floors, trap doors, gratings, foundations, lighting, and ventilation. Maintain
machine room at an ambient temperature of 50 degrees Fahrenheit minimum 90 degrees
Fahrenheit maximum. Adequate supports and foundations to carry the loads of all equipment,
including support for guide rails brackets. Adequate bracing of entrance frames to prevent
distortion during wall construction.
It is agreed thaf in the event asbestos material is knowingly or unknowingly removed or
disturbed in any manner at the jobsite, you will monitor our work place and prior to and during
our manning of the job, you will certify that asbestos in the environment does not exceed .01
fibers per cc as tested by NIOSH 7400. In the event our employees or those of our
subcontractors are exposed to an asbestos hazard, PCP's or other hazardous substances, you
agree to indemnify, defend, and hold us harmless from all damages, claims, suits, expense*,
and payments resulting from such exposure. Removal and disposal of asbestos containing
material is the responsibility of the owner.
Suitabte connections from the power main to each controller and signal equipment feeders as
required, including necessary circuit breakers and fused mainline disconnect switches per
N.E.C. Srutable power supply capable of operating the new elevator equipment under all
conditions. Wiring to controller for car lighting. (Per N.E,C. Articles 620-22 and 620-51).
Electric power without charge, for construction, testing and adjusting of the same
characteristics as the permanent supply. A means to autornatically disconnect the main fine
and the emergency power supply to the elevalor prior to the application of water in the elevator
machine room will be furnished by the electrical contractor This means shall not be self -
resetting. Wiring and conduit from life safety panel or any other monitor station to elevator
madime room or suitable connection point in hoistway.
Heat and smoke sensing devices at elevatoi lobbies on each floor, machine room, and
hoistways (where applicable), with normally open dry contacts terminating at a properly marked
terminal in the elevator controller. Telephone connection to elevator controller (must be a
dedicated line and monitored 24 hours. One additional telephone line per group of elevators
for diagnostic capability wired to designated controller.
Page 8 of 14
Emergency power supply with a dry set of (,ontacts which close 20 seconds prior to the
transfer from normal power to emergency power or from emergency power to normal power
whether in test mode or normal operating conditions, Automatic time delay transfer switch
and auxiliary contacts with wiring to the designated elevator controller. Electrical cross
connections between elevator maciiine rooms for emergency power purposes are to be
provided by others. Any govemmentally required safety provisions not directly involved for
elevator installation. All painting, except as otherwise specified. Furnishing, installing and
maintaining the required fire rating of elevator hoistway walls, including the penetration of
firewall by elevator fixture boxes, is not the responsibility of the elevator contractor. installation
of flooring is by others.
Owner/General Contractor to provide a bonded ground wire, properly sized, from the elevator
controller(s) to the primary building ground. Cost for additional inspections of the elevator
equipment by code authorities after the initial one fails due to items that are the responsibility
of the contractor or for assisting others inspecting equipment installed by others.
The contractor agrees to provide a dry and secure area adjacent to the hoistway(s) at ground
level for storage of the elevator equipment at the time of delivery. Adequate Ingress and
egress to this area will also be provided. Any relocation of the equipment as directed by the
contractor after its initial delivery will be at contractor's expense.
Composite clean up crews will not be provided. Elevator contractor will be responsible for own
housekeeping.
All Existing equipment removed by company shall become the exclusive property of company.
PART 8 - SPECIAL CONDITIONS
Our performance of this contract is contingent upon your furnishing us with any
necessary permission or priority required under the terms and conditions of
government regulations affecting the acceptance of this order or the manufacture,
delivery or installation of the equipment.
It is agreed that our workmen shall be given a safe place in which to work and we
reserve the right to discontinue our work in the building whenever, in our opinion, this
provision is being violated. In the event our employees or those of our subcontractors
are exposed to an asbestos hazard, PCB or other hazardous substances, caused by
individuals other than our employees, or those of our subcontractors, you agree to
indemnity, defend, and hold us harmless from all damages, claims, suits, expenses,
and payments resulting from such exposure.
Unless otherwise agreed, it is understood that the work will be performed during
regular working hours of the trades involved. If overtime is mutually agreed upon, an
additional charge at our usual rates for such work shall be added to the contract price.
Page 9 of 14
We anticipate making shipment of the equipment approximately twelve weeks after all
final drawings and details are approved. A dry and protected area, conveniently
located will be assigned to us without cost, for storage of our material and tools. You
agree that if you are not ready to accept delivery of the equipment when we notify you
it is ready, you will immediately make the payments due for the equipment and
designate some local point where you will accept delivery. Unless you designate such
point of delivery within two weeks, we are authorized to warehouse the equipment
within or without our factory at your risk. You shall reimburse us for all costs due to
extra handling and warehousing.
5 We shall not be responsible in any way for the acts of others or for pro-rata expenses
of any nature incurred by others in or about the building.
6 Certificates of Workmen's Compensation, Bodily Injury and Property Damage liability
Insurance coverage will be fufnshed you upon request. The premium for any bonds
or insurance beyond our standard coverage and limits will be an addition to the
contract price.
7 We shall not be liable for any loss, damages or delay caused by acts of government,
strikes, lockouts, fire, explosions, theft, floods, riot, civil commotion, war, malicious
mischief, or acts of God, or any causes beyond our control, and in no event shall we
be liable for consequential damages,
8 Should loss of or damage to our materials, tools or work occur at the erection site, you
shall compensate us therefore, untess such loss or damage results from our own acts
or omissions.
9 If any drawings, illustrations or descriptive matter are furnished with this proposal,
they are approximate and are submitted only to show the general style and
arrangement of equipment being offered.
10 In the event of any default by you in any payment, or of any other provision of this
contract, the unpaid balance of the purchase price, less the cost of completing the
work, as estimated by us, shall immediately become due and payable irrespective of
the acceptance by us of notes from you or extension of time for payment.
11 In the event an attorney is engaged to enforce, construe or defend any of the terms
and conditions of this agreement or to collect any payment due hereunder, either with
or without suit, the Purchaser agrees to pay all attorney's fees and costs incurred by
ThyssenKrupp Elevator Company, The Purchaser does hereby waive trial by jury and
does further hereby consent that venue of any proceeding or lawsuit under this
agreement shall be in the county where the subject matter of this agreement is
located.
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PART 9 - TERMS AND CONDITIONS
All work shall be performed in accordance with the latest revised edition (as of the data of this
proposal) of the united States of America Standard Safety Code for Elevators, Escalators, and
Dumbwaiters, the National Electrical Code, and/or such State and Local Codes as may be
applicable, as well as Company's Work -Not -Included form. Subsequent to the date of this
proposal, should changes be made In any code, or should rulings by any code enforcing
authorities extend the application of the code, the work and materials necessary to make the
installation comply with such changes shall be performed as an addition to the contract price.
PERMITS, TAXES AND LICENSES: All applicable sales and use taxes, permits and license
fees are not included in the contract price and will be paid by the Purchaser
ACCEPTANCE OF INSTALLATION: Upon notice from us that the installation of the elevator
has been completed, the Purchaser will arrange to have present at the installation site, a
person duly authorized to make the final inspection and to provide a written acceptance. The
date and time that such person will be present at the site shall be as mutually agreed, but shall
not be more than ten business days after the date of our notice to you, unless we both agree to
a certain date thereafter. Such final inspection and certificate of acceptance shall not be
unreasonably delayed or withheld.
WARRANTY: We warrant the equipment installed by us under this contract against defects in
material and workmanship for a period of one year from the date each elevator is completed
and placed in operation. This warranty is in lieu of any other liability for defects. We make no
warranty of merchantability and no warranties which extend beyond the description in this
contract, nor are there any other warranties, expressed or implied, by operation of law or
otherwise. Like any piece of fine machinery, this equipment should be periodically irspected,
lubricated, and adjusted by competent personnel.
This warranty is not intended to supplement normal maintenance service and shall not be
construed to mean that we will provide free service for periodic examination, lubrication, or
adjustment due to normal use beyond that included in the contract, nor will we correct, without
a charge, breakage, maladjustments, or other trouble arising from abuse, misuse, improper or
inadequate maintenance, or any other causes beyond our control. In the event of a claim,, you
must give us prompt written notice, and provided all payments due under the terms of this
contract have been made in full, we shall, at our own expense, correct any proven defect by
repair or replacement,
We will not, under this warranty, reimburse you for cost of work done by others, nor shall we
be responsible for the performance of equipment to which any revisions or alterations have
been made by others.
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TITLE AND OWNERSHIP: We retain title to all equipment supplied by us under this contract,
and a security interest therein, (which, it is agreed, can be removed without material injury to
the real property) until all payments under the terms of this contract, including deferred
payments and any extensions thereof, shall have bean made in the event of any default by you
in any payment, or under any other provision of this contract, we may take immediate
possession of the equipment and enter upon the premises where it is located (without legal
process) and remove such equipment or portions thereof irrespective of the manner of its
attachment to the real estate or the sale, mortgage, or lease of the real estate Pursuant to the
Uniform Commercial Code, at our request, you agree to join with us in executing any financial
or continuation statements which may be appropriate for us to file in public offices in order to
perfect our security interest in such equipment.
THYSSENKRUPP ELEVATOR CORPORATION complies with provisions of Executive Orders
11246, 11375, 11758, Section 503 of the Rehabilitation Act of 1993, Vietnam Era Veteran's
Readjustment Act of 1974, 3 8 U. S.C. 4212 and 41 CFR Chapter 60, THYSSENKRUPP
ELEVATOR CORPORATION supports Equal Employment Opportunity and Affirmative Actions
Compliance programs.
We reserve the right to discontinue our work at any time until payments have been made as
agreed, and we have assurance satisfactory to us that the subsequent payments will be made
as they come due. Any payments not paid
as they are due, shall bear interest at the legal rate in force at the time of the project.
If after the work has been substantially completed, full completion is materially delayed through
no fault of ours, you shall make such additional payments as may be required to leave
outstanding only an amount equal to the value as estimated by us, based on the contract price,
of the uncompleted portion.
THYSSENKRUPP ELEVATOR CORPORATION shall not be held responsible nor shall it be
held liable under the terms of this contract and Purchaser expressly releases, discharges and
acquits THYSSENKRUPP ELEVATOR CORPORATION and Purchaser expressly agrees to
remain liable for any and all claims for loss, damage, detention, death or injury, of any nature
whatsoever, to any person, use, operation, installation or condition of the elevator(s) which are
subject to this contract, or the associated areas, regardless of whether such actions arise from
the use, operation, installation or condition of the elevator(s), machine room(s), hatchways(s),
or any of their component parts. Claims expressly covered by this agreement include those
made by the purchaser, its successors, heirs, assigns, agents, and employees as well as those
made by any other person or entity whatsoever claiming against THYSSENKRUPP
ELEVATOR CORPORATION.
The types of claims expressly covered by this agreement include but are not limited to any
loss, damage, injury, death, delay, or detention to persons, entities, or property caused by
obsolescence, misuse of equipment, design of equipment, installation of equipment and the
associated areas surrounding such equipment regardless of whether such claims arise out of
the joint, or sole negligent acts or omissions of THYSSENKRUPP ELEVATOR
CORPORATION, ITS OFFICERS, AGENTS OR EMPLOYEES OR ANY OTHER CAUSE
WHATSOEVER,
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One percent of the purchase price represents specific consideration for which the Purchaser
expressly agrees to the above and further agrees to indemnify, defend and save harmless
THYSSENKRUPP ELEVATOR CORPORATION from and against any and all liability, costs,
expenses, judgment awards, interest, attorneys' fees or any other damages which may be
sustained by or imposed by law on THYSSENKRUPP ELEVATOR CORPORATION as a
result of any and all such claims or actions against THYSSENKRUPP ELEVATOR
CORPORATION, including but not limited to the claims or actions discussed above regardless
of whether such claims arise out of the joint, or sole negligent acts or omissions of
THYSSENKRUPP ELEVATOR CORPORATION, its officers, agents or employees or nay
other cause whatsoever. Purchaser hereby waives the right of subrogation, Indemnification
limited to $5,000,000.00.
Purchaser expressly agrees to name THYSSENKRUPP ELEVATOR CORPORATION as an
additional insured under their general liability and excess (umbrella) insurance policies for the
claims set out above.
Purchaser's acceptance of this agreement and its approval by an executive officer of
THYSSENKRUPP ELEVATOR CORPORATION will constitute exclusively and entirely the
agreement for the service 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
add'tions 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 similar document,
the provisions, terms and conditions of this agreement will govern in the event of a conflict,
PART 10 - PRICES AND TERMS OF PAYMENT
We propose to furnish and install the equipment covered in this proposal for the net sum
$56,332
0% of the total contract amount to accompany signed contract.
40% of the total contract amount will be due at time of delivery to job site.
60% of the remaining contract amount shall be due at the time the owner signs a
final acceptance of the equipment.
Progress payments shall be due not later than the fifteenth day of each month for labor and
materials furnished through the last day of the preceding month. This shall include materials
stored at the job site, at our staging facility, or at any other location you designate at your
expense. It shall also include any changes to the contract amount and extra work orders to the
extent completed.
The remainder of the contract amount including changes and extra work orders is due at time
of completion and approval by local authorities, but prior to tumover for your use. If there is
more than one unit in this contract, final payment shall be made separately as each unit is
completed.
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We reserve the right to discontinue our work at any time until payments have been made as
agreed and we have assurance satisfactory to us that the subsequent payments will be made
as they become due. A monthly service charge of 1-112% will be due on all amounts not paid
within 30 days. You also agree to pay, in addition to any defaulted amount plus service
charges, all our attomey fees, collection costs, or court costs in connection therewith.
ACCEPTANCE OF PROPOSAL: This proposal is submitted for acceptance within 60 days
from date executed by us.
This proposal, when accepted by the Purchaser and subsequently approved by an officer of
ThyssenKrupp Elevator Corporation, shall constitute the contract between us, and all prior
representations or agreements not incorporated herein are superseded. No changes in or
addition to this contract will be recognized unless made in writing and properly executed by
both parties.
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