HomeMy WebLinkAboutResolution - 2017-R0013 - Thyssen Krupp Elevator Corporation - 01_12_2017Resolution No. 2017-R0013
Item No. 6.16
January 12, 2017
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, TCPN Maintenance Agreement Contract RI50801(13213),
by and between the City of Lubbock and ThyssenKrupp Elevator Corporation of Kennesaw,
Georgia, 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 January 12, 2017
DANIEL M. POPE, MAYOR
ATTEST:
RebeccA Garza, City Secret
APPROVED AS TO CONTENT:
Mark Ye oo , Assistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
RES.Contract-R150801(13213)-ThyssenKrupp Elevator Corporation
12.19.16
Resolution No. 2017-R0013 Contract 13213
TCPN Maintenance Agreement — Contract#R150s01
for the Protection of Vertical Transportation Equipment
A. THIS AGREEMENT (hereinafter "Agreement") made and entered into on this 14th day of December, 2016 by
and between City of Lubbock, (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.
WHEREAS,
B. The Purchaser is engaged either as a real property owner or manager (or as a part in joint ventures or
consortiums to that effect); and
C. The Service Provider is engaged in the business of servicing and repairing elevators, escalators and other
vertical transportation equipment.
NOW THEREFORE, the Parties hereto agree as follows:
1. BACKGROUND
The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for
the maintenance and repair of Purchaser's vertical transportation equipment as further described in this
Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to
provide certain vertical transportation maintenance services at locations controlled by Purchaser. The
Agreement is to provide an umbrella for those location -specific written requests for vertical transportation
maintenance services issued by the Purchaser.
2. GOVERNING DOCUMENTS
The following documents form and are an integral part of this Agreement and are to be taken as mutually
explanatory of one another. In the case of any ambiguity or discrepancy between the documents forming the
Agreement, then the priority of the documents will be in the order as listed below, unless otherwise agreed in
writing between the parties:
(a) Each individual location requirement (as specified at the time of ordering by the Purchaser). An
Location requirement shall be considered "Accepted" if it is fully executed by a duly authorized
representative of both the Purchaser and the Service Provider and provided to the Service Provider;
(b) This Agreement;
(c) Any other document mutually agreed and signed by the parties, forming part of this Agreement.
3. PERFORMANCE
Service Provider will provide the services and/or scope of work applicable to all vertical transportation
equipment described on any fully executed and properly delivered Agreement (the "equipment") on the
terms and conditions set forth in this Agreement (the "Services"). The term "Property" hereinafter will refer
to the real property of the Purchaser on which the equipment is located. Service Provider will use trained
personnel directly employed and supervised by Service Provider or sub -contractors. They will be qualified to
keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that
equipment in proper operating condition. Service Provider will regularly and systematically examine, adjust
and lubricate as required, and, in Service Provider's sole opinion, if conditions warrant, Service Provider will
repair or replace all equipment parts and devices not specifically excluded by this Agreement.
The Services shall be performed in a diligent and first class manner, with quality supplies, materials,
equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance,
interference, or disruption to tenants or other occupants of the Property and their invitees. Upon completion
of the Services, Service Provider shall restore the Property to its original condition and shall leave the
Property clean and free of all tools, equipment, waste materials and rubbish.
Service Provider will service Purchaser's equipment and its component parts in their present condition with
the understanding that Service Provider shall neither be required nor obligated to service, make renewals or
repairs upon the equipment by reason of negligence, obsolescence, misuse of the equipment, loss of power,
blown fuses, tripped stop switches, theft, vandalism, explosion, fire, power failure, water damage, storm,
lightning, nuisance calls or by any other reason or any other cause beyond Service Provider's control, except
ordinary wear and tear from the commencement date of this agreement. With the passage of time,
equipment technology and designs will change. If any part or component of any equipment described in a
NFA cannot, in Service Provider's 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. Purchaser 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, Service Provider
will not be required to make any changes or recommendations in the existing design or function of the
unit(s) nor will Service Provider 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. Any work not specifically covered under this agreement shall be at Purchaser's sole expense.
The Service Provider may propose changes to the Services by informing the Purchaser in writing. To be
binding, such changes must be approved by authorized representatives of both parties in writing. The
Parties may also, at any time, agree to add new Services at agreed prices to be covered by this Agreement.
To be binding, such additions must be approved by corresponding authorized representatives of both parties
in writing.
Pledqe of Purchaser Satisfaction
3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement
and any Location(s) Agreement, such audit must be announced in writing at least ten (10) working days
in advance. If any non-compliance is identified in writing to the Service Provider at the address set forth
in this Agreement, whether pursuant to an audit or under any other circumstances, the Service Provider
will begin to take appropriate measures to remedy such non-compliance within thirty (30) days
thereafter.
3.2 The Purchaser and the Service Provider shall appoint appropriate personnel to meet regularly at local
and global levels and at such intervals as is deemed necessary to enable the parties to discuss and
review the performance of both parties of their respective obligations under this Agreement. The reviews
will take place in order to:
a) Monitor the effectiveness and efficiency with which this Agreement is being implemented;
b) Agree to mutual objectives and timescales;
c) Assess the overall performance of this Agreement by each party;
d) Review business implications, targets and risks;
e) Review whether this Agreement is being conducted in the spirit it was intended; and
f) Assess, under this review process, the need to amend or update the performance criteria included
in this Agreement.
4. INDEPENDENT CONTRACTOR RELATIONSHIP:
Service Provider 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 Service Provider, its agents, or subcontractors in the performance of the work hereunder.
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Nothing contained herein shall be construed to be inconsistent with such independent contractor
relationship.
5. BY HIGHLY -TRAINED SERVICE PROVIDER PROFESSIONALS:
Service Provider employs and supervises elevator technicians who are among the most trusted in the
industry and who will provide all maintenance courteously and dependably. Service Provider's elevator
technicians receive ongoing training in general equipment development as well as advancements made to
Purchaser's specific equipment.
6. ASSURANCE OF SERVICE PROVIDER'S STANDARD OF QUALITY:
To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the
latest industry methods and technology available to Service Provider for Purchaser's specific brand of
equipment. They will be equipped with the tools, documentation and knowledge to troubleshoot Purchaser's
unique system.
Behind Service Provider's technicians is a team devoted to elevator excellence. Technicians are supported
around the clock by a family of engineers and field support experts. Service Provider's International
Technical Support facility in Texas continuously researches advancements in the industry and in Purchaser's
equipment.
7. EXTENT OF COVERAGE:
Service Provider will perform the following Services with respect to any equipment described on any fully
executed ocation requirement:
7.1 TRACTION ELEVATORS:
Service Provider agrees to and shall maintain the traction elevator equipment described on any Location
Agreements on the following terms and conditions:
7.1.1 Service Provider will use trained employees directly employed and supervised by Service
Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider
will use all reasonable care to maintain the Equipment in proper and safe operating condition.
7.1.2 Service Provider will regularly and systematically examine, adjust, clean and lubricate the
following as required, and if conditions warrant, repair or replace the same:
7.1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings,
brake pulley and brake coil, contact linings and component parts;
7.1.2b Motor and motor generator, motor windings, rotating element, commutator,
brushes, brush holders and bearings;
7.1.2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers, and
all control components;
7.1.2d Controller, selector and dispatching equipment, leveling devices and cams, all
relays, solid state components, resistors, condensers, transformers, contacts, leads, dash pots,
timing devices, computer and micro computer devices, steel selector cable or tape, and mechanical
and electrical driving equipment;
7.1.2e Governor, governor sheave and shaft assembly, bearings, contacts, and
governor jaws;
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7.1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top
and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly,
counterweight and counterweight guide shoes including rollers or gibs;
7.1.2g Hoistway door interlocks and hangers, bottom door guides and auxiliary door
closing devices and all fastening devices and associated reinforcement in attached components;
cleaned. 7.1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be
7.1.2i Automatic power operated door operator, car door hanger, car door contact, door
protective device, car ventilation system platform, load weighing equipment, car safety mechanism,
elevator car guide shoes, gibs or roller;
7.1.3 Service Provider shall maintain the individual minimum performance standards defined
below:
7.1.3a "Start to Stop Time" as measured from the moment the car begins motion till the
time it stops for a single floor run.
7.1.3b "Door Open Time" as measured from the fully closed door position to a fully open
stopped position.
7.1.3c "Door Close Time" as measured from the fully open door position to a fully closed
stopped position. Door closing pressure shall not exceed 30 lbs.
7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped
position under all load conditions.
7.1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than
5% regardless of direction or load.
7.1.4 Service Provider shall maintain the Rated Speed in feet per minute, the original
performance time, including acceleration and retardation as designed and installed by the manufacturer and
perform the necessary adjustments as required to maintain the original Door Open Time and Door Close
Time, within limits of applicable codes, or to adjust and maintain revised Door Open Time and/or door close
Time upon direction of Purchaser.
7.1.5 Service Provider shall maintain smooth ride quality, smooth acceleration and deceleration
and comfortable stop.
7.1.6. Service Provider shall maintain positive and quiet door operation with rapid and smooth
checking at limits of travel. Service Provider shall annually, check the group dispatching systems and make
necessary tests to insure that all circuits and time settings are properly adjusted and that the system
performs as designed and installed by the manufacturer or to adjust and maintain revised settings upon
direction of Purchaser.
7.1.7 Service Provider shall examine periodically all safety devices and governors and conduct
an annual no-load test.
7.1.8 Service Provider shall calibrate load -weighing devices to Purchaser's selected settings,
after annual and, as applicable, five-year safety tests are conducted.
7.1.9 Service Provider shall renew all wire ropes as often as is necessary to maintain an
adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes
appropriately and when necessary remove all residue and accumulated deposits from the rope surface and
shorten ropes and chains as required to provide legal and reasonable bottom clearances.
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7.1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room
elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance
of the location requirement. In no case shall the number of spare conductors be less than 5%.
7.1.11 Service Provider shall furnish lubricants compounded to the manufacturer's rigid
specifications.
7.1.12 Service Provider shall make other safety tests recommended or directed by all applicable
governmental authorities in force at the time of the acceptance of the Agreement. Service Provider shall not
be required to install new attachments on the elevators recommended or directed by insurance companies,
or by governmental authorities, nor to make replacements with parts of a different design recommended or
directed by insurance companies, or by governmental authorities.
7.1.13 Service Provider shall coordinate all testing requiring an independent witness or inspector
with the Purchaser's appointed representative.
7.1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason
of Purchaser's negligence or Purchaser's misuse of the Equipment or by reason of any other cause beyond
Service Provider's reasonable control except ordinary wear and tear.
7.1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the
following auxiliary equipment:
7.1.15a All handicap devices;
7.1.15b All elevator related earthquake devices if applicable
7.1.16 Service Provider shall have no responsibility for the following items of Equipment, which
are not included:
7.1.16a the finishing, repairing, or replacement of cab enclosure, hoistway door panels,
door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power
switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire
service reports, air conditioners and all other items as set forth and excluded in this Agreement. Elevator
signal light bulbs will be replaced during regular service calls.
7.2 HYDRAULIC ELEVATORS:
Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully
executed Location Agreements under the same terms and conditions described under 7.1 entitled "Traction
Elevators," as the same are applicable to hydraulic elevators, with the following additions:
7.2.1 Service Provider shall have no responsibility for the following items of Equipment in
addition to those listed in provision 7.1.16a above: the finishing, repairing, or replacement of cab enclosure,
hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes,
main line power switches, breaker, feeders to controller, hydraulic elevator jack, hydraulic elevator outer
casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire
sensors, fire service reports, air conditioners and all other items as set forth and excluded in this agreement.
Elevator signal light bulbs will be replaced during regular service calls.
7.2.2 Filters, mufflers and muffler components are included.
7.2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests
and other tests required by ANSI Al 7.1 or other applicable codes.
7.2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect
contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and
furnish hydraulic fluid compounded to the manufacturer's rigid specifications.
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7.2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads,
machine room and pit floors.
7.3 ESCALATORS:
Service Provider agrees to and shall maintain the escalator equipment described on any Location
Agreements under the same terms and conditions described under 7.1 entitled "Traction Elevators," as the
same are applicable to escalators, with the following additions:
7.3.1. Controller, all relays, contacts, coils, resistance for operating and motor circuits, operating
transformers and operating rectifier;
7.3.2 Handrail, handrail drive chains, handrail brush guards, handrail guide rollers, alignment
devices, steps, step tread, step wheels, step chains, step axle bushings, comb plates, floor plates and
tracks;
7.3.3 Upper drive, upper drive bearings, tension sprocket bearings, upper newel bearings,
lower newel bearings;
7.3.4 All balustrade fastenings, deck and trim fastenings (screws, clips, etc.);
7.3.5 Skirt panels and panel finishes;
7.3.6 Escalator under -step lighting and balustrade panel and skirt lighting;
7.3.7 Upper and lower pit equipment spaces, pit lights, trusses and inclined truss pans.
7.3.8 Service Provider shall examine periodically (at intervals not longer than six months) all
normal operating devices and equipment in accordance with ANSI A17.1, Section 1007 and conduct annual
inspections and tests of all safety devices, brakes, step up thrust devices and governors in accordance with
ANSI A17.1, Section 1008. If required, the governor will be calibrated and sealed for proper tripping speed.
7.3.9 Service Provider shall have no responsibility for the balustrade finishes, deck and trim
finishes, wedge guards and exterior truss enclosures.
8. PARTS INVENTORY
Service Provider maintains a comprehensive parts inventory to support its field operations. Replacement
parts are stored throughout North America in Service Provider'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 Purchaser's vertical transportation equipment will be new or refurbished to meet the quality
standards of Service Provider.
9. TESTING
Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators
or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes
no responsibility for the operations of the governor or safety on traction elevators, or the hydraulic system on
hydraulic elevators, under the terms of this Agreement until all applicable and governmentally -mandated
tests have been made. Should the systems not meet applicable safety code requirements, it shall be the
responsibility of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a
condition, which will be acceptable for coverage under the terms of this Agreement. Service Provider shall
not be liable for damage to the building structure or the elevator resulting from any testing of any type or
kind at any time.
10. COMPLIANCE WITH LAWS:
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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, Service Provider 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.
11. TERM:
Service under the terms and conditions of this Agreement shall be for an initial non -cancelable period of
one ( 1 ) years commencing on the date specified in the fully executed Location(s) Agreement with an option
to renew annually for an additional four (4) years unless either party timely serves written notice upon the
other party of its intention to cancel at least ninety (90) days before the end of the initial one ( 1 ) year
period, or ninety (90) days before the end of any subsequent one ( 1 ) year renewal period. Time is of the
essence.
The term (length of contract) of maintenance agreements signed under the TCPN Contract may exceed the
term of the TCPN Agreement. The terms and conditions of the TCPN Agreement in effect at the date the
maintenance agreement is signed will remain in effect for the duration of members local maintenance
agreement. Maintenance Agreements can be as long as the TCPN members request provided they are in
accordance with local laws and regulations.
12. AFTER HOURS WORK
All Services are to be provided during Service Provider's regular working hours of its regular working days
unless otherwise specified below.
For specified locations marked as "Platinum" within the Exhibit "A", any overtime work requested by the
Purchaser, Purchaser agrees to pay us for the difference between regular and overtime labor at our normal
billing rates, including travel time, travel expenses, and time spent on the property.
13. PRICING:
Pricing (Please See Exhibit A) The Price of Service Provider's service as herein stated shall be specifically set
forth on any fully executed Location Agreement(s), payable as agreed upon between the Service Provider
and the Purchaser. Those prices are net of all taxes, duties and other levies. Those prices are valid for a
period of one (1) year, commencing on the effective date of each respective Location(s) Agreement. Each
such period of one year (365 consecutive days) shall be called a "Fixed Price Period". Since Service
Provider's costs to provide Purchaser with the Services may increase, the Service Provider shall review and
adjust the Monthly Payment Amount for each Location Agreement(s) at the end of each twelve (12) month
period. Eighty percent (80%) of the Agreement price for each Location Agreement(s) shall be adjusted to
reflect any increase in labor costs based on the straight time rate of elevator mechanics in the local area
where the Property is located. The remaining twenty percent (20%) shall be adjusted to reflect any increase
in material costs based on the Producer Price Index for Metals and Metal Products as published by the
United States Department of Commerce, Bureau of Labor Statistics. However, in no event shall the total
price escalations at the end of each twelve (12) month period be no more than four percent (4%) in any
subsequent one (1) year period. Service Provider shall provide thirty (30) days advance written notice to
Purchaser of all price adjustments referenced in this paragraph.
Should equipment covered by any Location Agreement be modified by the Purchaser during the pendency of
any Location Agreement the parties will endeavor to reach a written agreement on a modified price for the
Services applicable to that equipment. Should those parties fail to reach a written agreement on a modified
price then that equipment will be removed from the applicable Location Agreement and the applicable
Purchaser shall remain financially responsible to the Service Provider for the Service Provider's lost profits
associated with the Services originally designated for that piece of equipment at the original, agreed -to price
for the remaining term of the applicable Location Agreement. The price is subject to increase in the event the
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existing equipment is modified from its present state. A service charge of 1 '/ % per month, or the highest
legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence.
14. INSURANCE REQUIREMENTS:
At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed
Location Agreement the insurance described below. 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 commencement of the Services, Service Provider shall submit to Purchaser a Certificate of
Insurance showing that all insurance requirements have been met. If any policy expires during the term of
any fully executed Location Agreement(s), it shall automatically be renewed and a new Certificate of
Insurance shall be sent immediately to Purchaser.
Workers' Compensation Statutory Limits
Employer's Liability $1,000,000 each accident
$1,000,000 policy limit -disease
General Liability $1,000,000 disease -each employee
This shall include all major divisions of coverage and be on a commercial occurrence form. It shall include
premises operations, products and completed operations, contractual, and personal injury.
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.
15. PURCHASER RESPONSIBLITIES:
Product Information, Purchaser agrees to provide Service Provider with current wiring diagrams that reflect
all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement.
Purchaser agrees to authorize Service Provider 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 Purchaser's 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 Service
Provider at the address and phone number listed on any fully executed Location(s) Agreement at once, and
written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser
agrees to provide Service Provider's personnel a safe place in which to work. Service Provider reserves the
right to discontinue work in the building whenever, in Service Provider's sole opinion, Service Provider's
personnel do not have a safe place in which to work. 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°F 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, Purchaser will contract with others for removal and
the proper handling of such liquids.
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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 any fully executed Location(s) Agreement.
Purchaser agrees to accept Service Provider's 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 in any fully executed Location(s) Agreement, or the premises in which they are
located, Purchaser agrees to see that such successor is made aware of that Location(s) Agreement and
assumes and agrees to be bound by the terms of those documents for the balance of the Location(s)
Agreement, and subject to termination herein provided, or otherwise be liable for the full unpaid balance due
for the full unexpired term of the Location(s) Agreement.
Items Not Covered. Service Provider 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 Service Provider, batteries for
emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth
and excluded in this Agreement.
16. EXCLUSIVITY
This Agreement is an exclusive frame agreement, which means that the Purchaser only undertakes to buy
the Services, or parts thereof, from the Service Provider from the date that this Agreement is fully executed.
17. EXCUSABLE DELAYS
The Service Provider shall not be liable for delay in performing or for failure to perform its obligations under
this Agreement or any location requirement if such delay or failure results from any of the following causes:
(i) Acts of God, (ii) the act of any government or authority (including the denial or cancellation of any export
license or other necessary license), (iii) the outbreak of wars, terrorism, insurrections, (iv) fire, explosion,
flood (v) and strike, lock -out or other industrial action which is beyond the Service Provider's control or (vi)
any other cause of any nature which is beyond the applicable Service Provider's control.
18. TERMINATION AND REMEDIES
18.1 The Service Provider has the right (but not the obligation) to terminate this Agreement or any
location Agreement with 30 day's prior written notice in case of the Purchaser's failure to comply with any
terms of this Agreements or any Location Agreement. Termination of a Location(s) Agreement shall not have
effect on other existing Locations associated with this Agreement, which shall be completed in accordance
with these terms and conditions. If such failure is remedied within the said 30 days period, this right to
terminate shall expire.
18.2 The provisions of this Agreement, and the right and remedies of a parry in the event of the other
parry's breach under this Agreement (including the breach of any warranty) are cumulative and are without
prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a
party of any one right or remedy under this Agreement, or at law or otherwise, shall operate so as to hinder
or prevent the exercise of any other such right or remedy. However, in no event shall one party to this
Agreement be liable to the other parry for any indirect or consequential loss or damage, including but not
limited to loss of profit, loss of production, loss of interest or otherwise, which may be suffered by the other
party in connection with the entering into or operation of this Agreement.
19. ASSIGNMENT
Purchaser may not assign, transfer, novate, sub -contract or otherwise dispose of any of its rights and
obligations under this Agreement without the prior written consent of the Service Provider. Notwithstanding
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the above, Service Provider may without the consent of the Purchaser; use subcontractors for the
performance of any Services purchased by the Purchaser under this Agreement or a local agreement. The
use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities
and obligations towards the Purchaser under this Agreement or a local agreement.
20. HEALTH & SAFETY, ENVIRONMENTAL AND QUALITY
The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero
accidents and the creation of a safer work environment.
21. ETHICAL COMMITMENT
The Service Provider has an extensive corporate compliance program and its employees are expected to
maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and
expects the Purchaser to act in a like manner. Should the Purchaser suspect that the Service Provider or its
employees have engaged in any illegal or unethical conduct, such suspicions must be reported through the
Service Provider's toll -free compliance hotline at 1-866-572-1739.
22. MISCELLANEOUS
22.1 The headings in this Agreement shall not affect its interpretation.
22.2 Throughout this Agreement, whenever required by context, the use of the singular number shall be
construed to include the plural, and the use of the singular number shall be construed to include the plural,
and the use of the plural the singular, and the use of any gender shall include all genders.
22.3 Should any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole
or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed
not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall
not be affected.
22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the
performance of any provision of this Agreement shall not be construed as a waiver or relinquishment of that
parry's right to future performance of such provision and the other party's obligations in respect of such
future performance shall continue in full force and effect.
22.5 In the event a third party is retained to enforce, construe or defend any of the terms and conditions
of this Agreement or to collect any monies due thereunder, either with or without litigation, the prevailing
party shall be entitled to recover all costs and reasonable attorney's fees.
22.6 Purchaser hereby waives trial by jury and agrees that this Agreement and any applicable
Location(s) Agreement shall be construed and enforced in accordance with the laws of the state where the
equipment described on the applicable Location(s) Agreement is located. Purchaser further agrees to
jurisdiction of the courts, both state and Federal, of the state in which the equipment set forth on the
applicable Location(s) Agreement is located as to all matters and disputes arising out of this that Location(s)
Agreement.
22.7 The liability of the Service Provider under this Agreement shall not exceed the value of the Services
remaining on the then current and unexpired term of the applicable Location(s) Agreement.
22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the
Purchaser and constitutes the entire agreement between the parties with respect to the services and work
performed hereunder.
TCPN Maintenance Agreement — Contract #11150801 • ThyssenKrupp Elevator Americas Page 10 of 12
23 NOTICES:
Every notice or other communication to be given by either party to the other with respect to this
Agreement(s), shall be given by personal delivery, by facsimile or by United States registered or certified
mail postage prepaid, return receipt requested, addressed as hereinafter provided. Except as otherwise
specified herein, the time period in which a response to any notice or other communication must be made, if
any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or
attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such
telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent
.by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other
communications under this Agreement shall be addressed to the parties at:
FILL. IN THE CONTACT INFORMATION FOR USA OPERATIONS FOR PURCHASER HERE:
Thyssen Krupp Elevator Corporation
114 Town Park Drive NW, Suite 300
Kennesaw, GA 30144
Attn: International Account Contract Administrator
This Agreement has been prepared in duplicate, of which each party has received a copy.
Certtfied PrD,00sal Number R15MI-TX-1227;
ADDENDUM 111 to be made Daft nfthts aura, - -
ACCEPTED:
THYSSENKRUPP ELEVATOR CORP.
CITY OF LUSBACK
DANIEL M. POPE, MAYOR BY:
�Zac 4 Rogers
jAPP
TITLE: Account Manager
cca Garza, City Secreta�Date:Janiiary 192017
VED A ,TO CONTEM
THYSSENKRUPP CORP.APPROVAL:
Wesley Everett, Director of Facilities
BY:
ett .laud s
RellriLeisure,
AAZF0RM--
Assistant City Attorney TITLE' Natrona! Accounts Manager
DATE: _ 0 Ll A 0 P�)
TCPN Maintenance Agreement - Contract #11150801 • ThyssenKrupp Elevator Americas Page 11 of 12
Contract 13213
Addendum #1 to TCPN Contract #R15081 for the City of Lubbock
A. 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 any 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.
B. Nonappropriation
All funds for payment by the City under this contract are subject to the availability of an annual
appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council
of the City of Lubbock for the goods or services provided under the contract, the City will terminate the
contract, without termination charge or other liability, on the last day of the then -current fiscal year or
when the appropriation made for the then -current year for the goods or services covered by this contract is
spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this
contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to
give such notice shall be of no effect and the City shall not be obligated under this contract beyond the
date of termination.
C. INDEMNITY
CONSULTANT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS
ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS,
LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT CAUSED BY OR RESULTING
FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONSTRACTOR OR SUPPLIER COMMITED
BY THE CONSULTANT, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT EXERCISES CONTROL. THE
INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS AGREEMENT.
Exhibit "A"
Property list/Location
Contract Type and Price
See the following page
TCPN Maintenance Agreement — Contract #R150801 • ThyssenKrupp Elevator Americas Page 12 of 12
Exhib "A" CITY OF LUBBOCK ELEVATORS/ESCALATORS Annual Pricin
FACILITY
QTY
FY 16-17
FY 17-18
FY 18-19
FY 19-20
FY 20-21
TOTALS
Visits/Month
Municipal Building
2
$4,320.00
$4,492.80
$ 4,6 22.56
$ 4,859.52
$ 5,053.92
$23,398.80
* See Notes
Municipal Courts
1
$1,980.00
2,059.20
2,141.52
2,227.20
2,316.24
$10,724.16
* See Notes
Municipal Building (Escalators)
4
$14,400.00
14,976.00
15,575.04
16,198.08
16,845.96
$77,995.08
* See Notes
Cooke Station
1
$1,980.00
2,052.00
2,141.52
2,227.20
1 2,316.24
$10,716.96
* See Notes
Water Treatment Plant
1
$1,980.00
2,052.00
2,141.52
2,227.20
2,316.24
$10,716.96
* See Notes
LIA
Civic Center
4
$7,920.00
8,236.80
8,566.32
8,908.92
9,265.32
$42,897.36
* See Notes
Mahon Library
5 1
$10,800.00
11,232.00
11,681.28
12,148.56
12,634.56
$58,496.40
* See Notes
Municipal Square
2
2
$4,320.00
$8,081.16
4,492.80
4,672.56
4,859.52
5,053.92
$23,398.80
* See Notes
Water Reclamation Plant
I
$1,980.00
8,404.44
2,059.20
8,740.56
2,141.52
9,090.24
2,227.20
9,453.84
2,316.24
$43,770.24
* See Notes
Lubbock Business Center
2
$4,320.00
4,492.80
4,672.56
4,859.52
5,053.92
$10,724.16
$23,398.80
* See Notes
* See Notes
TOTALS
$ 62,081.16
$ 64,550.04
$ 67,146.96
$ 69,833.16
$ 72,626.40
$ 336,237.72
* See Notes
NOTES:
*FY 16-17 will be for approximately 9 months. COL FY is October 1 thru September 30.
*FY 16-17 pricing stated above is for annual pricing, 12 months. Will be adjusted accordingly should the customer wish for quarterly or monthly invoicing
*Each unit will be visited monthly
* Should the City wish to pay annually 3% discount can be taken off the above prices.
*Service level is Platinum as outlined in the service agreement
Repair Completion Notice to be signed at job completion
Date: Building Name: Civic Center
Repair Job #: Street Address: 1501 6th St
City State, Zip: Lubbock, TX 79401-2602
This purchase encumbers funds in the amount of $69,442.00 awarded to ThyssenKrupp Elevator Corporation, on January 12, 2017, The
following is incorporated into and made part of this purchase for services by the attached "Repair Work Order," dated January 07, 2020,
and Contract #13213, P^1ution No. 2017-R0013
CITY OF L413OC — ATJES 9: .4 / X
Daniel M. Pope, Mayor Rebec t
rza, City Secretary
Repair Work Order
Region 4 ESC Contract: R150801 - Elevator
Equipment, Service, Repair and Related Services
Civic Center
Purchaser: Ntll-City Of Lubbock Location: Civic Center
Address: PO Box 2000 Address: 1501 6th St
Lubbock, TX 79408-2000 Lubbock, TX 79401-2602
Purchaser authorizes thyssenkrupp Elevator Corporation (referred to as "thyssenkrupp Elevator" hereafter)
to perform the following work on the equipment and at the location described above, in exchange for the
sum of Sixty Nine Thousand Four Hundred Forty Two Dollars ($69,442.00) inclusive of all applicable sales
and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order").
Summary:
FRT #2
Repairs
Operational
For further information, please see a detailed Scope of Work on the pages that follow.
In the event you have any questions regarding the content of this Work Order please contact me at +1 214
8026715.
We appreciate your consideration.
Regards,
Nicholas Heimendinger
thyssenkrupp Elevator Corporation
906 S Big Spring
Midland TX 79701
nick.heimendinger@thyssenkrupp.com 1+1 214 8026715
Notice:
No permits or inspections by others are included in this work, unless otherwise indicated herein.
Delivery and shipping is included. All work is to be performed during regular working days and hours as
defined in this Work Order unless otherwise indicated herein.
2020-2-800695 1 ACIA-1NUFEL3 I January 07, 2020
Contract 13213
January 07, 2020
Repair thyssenkru Work Order pp
Scope of Work
thyssenkrupp Elevator will provide labor and material to repair the freight elevator. All work to be performed during normal business
hours.
(End Scope of Work)
2020-2-800695 1 ACIA-1NUFEL3 I January 07, 2020
Ntll-City Of Lubbock
PO Box 2000
Lubbock TX, 79408-2000
January 07, 2020 Immediate ACIA-1NUFEL3
Total Contract Price:
$69,442.00
For inquiries regarding your contract or services provided by thyssenkrupp Elevator, please contact your
local account manager at +1 214 8026715. To make a payment by phone, please call 770-261-0025 with
the reference information provided below.
Current and former service customers can now pay online at:
https://secure.bilitrust.com/thvssenkruppelevator/ig/one-time-payment
Thank you for choosing thyssenkrupp Elevator. We appreciate your business.
Customer Name:
Location Name:
Customer Number:
Quote Number:
Reference ID
Ntll-City Of Lubbock
Civic Center
411673
2020-2-800695
ACIA-1NUFEL3
2020-2-800695 1 ACIA-1NUFEL3 I January 07, 2020
Remit To:
thyssenkrupp Elevator
Corporation
3100 Interstate North Cir SE
Ste 500
Atlanta, GA 30339-2227
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-149864
Date Filed:
01/03/2017
Date Acknowledged:
01/03/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
ThyssenKrupp Elevator
Midland, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13213
Elevator services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-149864
Date Filed:
Ol/03/2017
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
ThyssenKrupp Elevator
Midland, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13213
Elevator services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
YINMU A SATE OF
�rA1tY PUBLJC STATE OF TE7W
W COMM. ExP: %2MW IS
NOTARY ID 129093W1 i ure of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE _
Sworn to and subscribed before me, by the said U�eQ , this the day ofrJ
20_, to certify which, witness my hand and seal o ffice.
Signature of officer admini ering oath Printed name of officer administering oath Title Or Ificer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us version vi.u.« r