HomeMy WebLinkAbout22-033 - Schindler Elevator Corporation - Fire Station 52 Elevator ServiceDocuSign Envelope ID: B9B8747E-AAA7-40CE-9D2D-2D0CBE598111
22-033
Council Approval N/A
1(11,111,
m Inspection
SCHINDLER ELEVATOR CORPORATION
15413 NE 95th Street
Redmond, WA 98052-2548
Phone:
Fax: 206-291-3029
Date: January 20, 2022 Estimate Number: JCLE-C8TQUG (2021.4.1)
To:
Tukwila Fire Station 52
15447 65Th Ave S
Tukwila, WA 98188
Attn: Henry Ancira
EQUIPMENT DESCRIPTION
Building Name:
Tukwila Fire Station 52
Rise/Length
Qty Manufacturer Equipment Application Description Openings Capacity Speed Install#
Tukwila Fire Station 52
15447 65th Ave S Tukwila, WA 98188
1 Schindler Gearless Passenger Elev 01 2F/OR 2100 150 N0490
SCHINDLER ELEVATOR CORPORATION ("Schindler", "we", "us") 15413 NE 95th Street, Redmond, WA
98052-2548, and TUKWILA FIRE STATION 52, 15447 65Th Ave S, Tukwila, WA 98188 ("you") agree as
follows:
INSPECTION COVERAGE
We will:
• Periodically examine, lubricate, adjust, and as needed, recommend the repair or replacement of the
Equipment
• Report to you any necessary repairs discovered by us in the performance of such inspections
• Upon your request, provide you with a proposal for necessary repairs at our standard billing rates
• Perform safety testing
TESTING OF SAFETY DEVICES
Equipment Test Frequency
Gearless No Load Annually
Gearless Full Load Every 5 years
Our testing responsibilities do not include fees or changes imposed by local authorities in conjunction with
witnessing, witnessing costs, inspecting, assisting inspection authorities, licensing or testing the Equipment
including observation of testing by 3rd parties; changes in the testing requirements after the initial start date of
this Agreement, or any other testing obligations other than as specifically set forth above, including, but not
limited to seismic tests. Since these tests may expose the equipment to strains well in excess of those
experienced during normal operation, Schindler will not be responsible for any damage to the equipment or
property, or injury to or death of any persons, resulting from or arising out of the performance of these tests.
Further, our testing responsibilities do not include performance, or the keeping of records related to, monthly
firefighters service.
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SCHINDLER AHEAD
You will be provided access to the Schindler Ahead tools, which include Schindler Ahead hardware connectivity,
Core service in the tier described below, Schindler Actionboard and Actionboard Mobile.
You will also be provided access to the optional Ahead Digital Services as selected and described below.
Schindler Ahead provides remote connectivity to your Equipment. Schindler Ahead will automatically notify us
if any connected component or function is operating outside established parameters. When appropriate, we will
communicate with you to schedule appropriate service calls. Monitoring will be performed 24/7 and will
automatically communicate with our Customer Service Network using dedicated wireless cellular technology.
Schindler will make every reasonable effort to maintain wireless connectivity. If requested, you will provide the
proper wiring diagrams for the equipment covered. These diagrams will remain your property, and will be
maintained by Schindler for use in troubleshooting and servicing the equipment.
Schindler ActionBoard and ActionBoard Mobile are communication technologies that provide access to real-
time information about your equipment including: performance history, reports, push notifications, service call
records, unit profiles and more.
Your contract includes the above features as well as the following Core package:
Connect — Schindler's Connect package provides wireless cellular communication from your equipment's
controller to Schindler's data network. This allows the Schindler Cube or Schindler SRM to be connected to your
equipment 24/7. The Connect package also provides access to the basic features of ActionBoard/Dashboard and
ActionBoard Mobile/Dashboard Mobile, giving you real time information on your equipment.
If you would like information on upgrading your Core package, please discuss with your sales rep. The upgraded
packages are:
Enhanced — The Enhanced Package includes access to Schindler's Elevated Support Professional Team. This
team analyzes information gathered by Schindler Ahead, which improves the reliability of your equipment and
improves the response time. The Elevated Support Professional Team can alert you when a shutdown is
detected, helps confirm issues remotely, and provides real-time ETAs for technicians en route. With these
enhanced diagnostics, we can guarantee that you will not be charged for Running on Arrival calls. Under the "No
Running on Arrival Guarantee," Schindler will fully cover the cost of any callback during regular hours related to
the following situations: Elevator or Escalator Running in normal operation, or running under any of the following
special services modes: Independent service, Fireman's service (Phase I or Phase II), or Inspection operation. All
other callbacks will be billed as outlined in the service agreement.
Premium — The premium package is our top tier, -and was created for customers requiring the most
comprehensive level of service. Our premium package offers the highest level of functionality and support. The
Premium tier also includes concierge level assistance for all of your service needs.
Optional Digital Services:
The following digital services are also available:
Digital Alarm — The Schindler Ahead in -car emergency phone service will be added to your digital package.
This service includes a reliable digital connection between your existing or new in -car emergency phone and our
Schindler Customer Service Network that handles incoming and outgoing emergency calls with passengers in
the elevator. To ensure reliability, Schindler Ahead phone service also provides monitoring of this connection.
This in -car emergency phone service feature will be added along with the Schindler Core Services, and is
contingent upon code approval by the local authority having jurisdiction. The Schindler Ahead solution must be
installed and confirmed by Schindler to be communicating before you proceed with plans to remove or cancel
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your existing service provider's line for your in -car emergency phone. Schindler will notify you once the
Schindler Ahead connection is confirmed. This will ensure there is no disruption with the emergency
communications with passengers in the elevator. If proprietary telephone equipment exists, you agree to replace
the proprietary hardware with compatible hardware for an additional cost.
Initial Here to add DigitalAlarm for $25 per unit, per month in addition to the subscription price shown in
the Price section below
ElevateMe - The Schindler Ahead ElevateMe service, which requires a compatible elevator controller, enables
passengers to call an elevator via their personal smartphone. Any smartphone with an Apple iOS or a Google
Android operating system, can download the ElevateMe app from the respective app store. Via the app the
elevator can be called, and the desired destination floor entered. The smartphone will substitute the typical
elevator call via a landing or car operating panel*. Once the service is active, all passengers using the
smartphone application can place destination calls. The elevator must be equipped with Schindler Ahead to
offer the feature. *The landing and operating panels will remain and work as is.
Scope of Services:
Software update and activation of feature on Schindler Cube
Creation, printing and installation of QR Codes
Commissioning of system, testing and registration via Schindler Ahead Control Center
Permanent Monitoring and support via the Technical Operation Center (TOC)
Regular Over -The -Air Update to ensure reliability and security of the hardware
Initial Here to add ElevateMe for $25 per unit, per month in addition to the subscription price shown in the
Price section below
Schindler Ahead, your Core package, and the digital services described in this agreement require Schindler Ahead
Connectivity. If your existing unit(s) are not equipped with the Connectivity to enable the selected services, we will
provide a separate invoice for this cost. By signing this agreement, you agree to pay the costs associated with
this activation. Work shall be performed during our regular working hours of our regular working days. Title to
Hardware remains with Schindler. Schindler may replace or modify Hardware at any time. Customer shall promptly
provide Schindler access to Hardware and prevent unauthorized access thereto.
HOURS OF SERVICE
We will perform the services during our regular working hours of regular working days, excluding elevator trade
holidays. The services do not include callbacks during regular or overtime hours. If you authorize services outside
the scope of this agreement, or callbacks at any time, you will pay us at our standard billing rates, plus materials
not covered by contract, expenses and travel.
TERM
This Agreement commences on February 05, 2022, and continues until February 04, 2025, and shall renew
(where permitted by applicable local law) for subsequent similar periods, unless terminated by either party upon
written notice received by the other party at least 90 days prior to the above termination date or any renewal
termination date, and not more than 120 days before the termination date.
PRICE
In consideration of the services provided hereunder, you agree to pay us the sum of $200.00 per month, payable
in annual installments of $2,400.00, exclusive of applicable taxes.
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The pricing above includes a subscription price of $10 per month for Schindler Ahead Connect on 1 unit, totaling
$10.00 per month. If you would like to upgrade your Schindler Ahead tier, please indicate by checking below:
[ ] Upgrade to the Enhanced Package - $10 per unit, per month addition.
PRICE ADJUSTMENT
The contract Price and labor rates for extra work will be adjusted annually in January. This adjustment will be
based upon the local labor rate adjustment for the year in which it is adjusted, and will be increased or
decreased on the basis of changes to the local straight time hourly rate for mechanics. If there is a delay in
determining a new labor rate, or an interim determination of a new labor rate, we will notify you and adjust the
price at the time of such determination, and we will retroactively bill or issue credit, as appropriate, for the period
of such delay. We also reserve the right to adjust the contract price quarterly / annually on the basis of changes
in other expenses such as fuel, waste disposal, government regulations or administrative costs. Should you
elect to take the annual pre -payment option, the price adjustment date will default to coincide with the invoice
date.
The annual contract price adjustment will not apply to Schindler Ahead. Schindler reserves the right to make
adjustments to the monthly fee for the Schindler Ahead tiers as additional value added features and functionality
are added to the selected offering.
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DocuSign Envelope ID: B9B8747E-AAA7-40CE-9D2D-2D0CBE598111
(1) Please select a Method of Payment:
PAYMENT OPTIONS
Direct Debit 1`)/0 Discount (Attach Copy of voided check)
Credit Card 3% Addition
Visa MC AMEX
Number:
Expiration Date:
Signature:
Check
Other:
(2) Please select a Payment Frequency (Other than Annual):
Semi -Annual 1% Addition
Quarterly 3% Addition
Monthly 5% Addition
SPECIAL TERMS AND PRICING
This agreement meets the State of Washington code 8.6 and 8.11 requirements at the original commencement
date of this agreement. If new code enforcement or requirements are adopted, the scope of work will be an
additional charge. The included testing in this agreement is specifically listed previously. Hoistway clean -downs
are specifically excluded.
Individual repairs covered under this agreement will be capped at the annualized contract price per unit.
All work not covered by this agreement will be billed at 80% of Schindler's standard billing rates.
This agreement is inclusive of all current discounts and fees.
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The attached terms and conditions are incorporated herein by reference.
Acceptance by you as owner's agent or authorized representative and subsequent approval by our authorized
representative will be required to validate this agreement.
Proposed: Accepted:
oe—DocuSigned by:
83DD82CC91A9485...
By: Jesse Selland By: Hari Ponnekanti
For: Schindler Elevator Corporation
Title: Sales Representative
Date: January 20, 2022
Approved:
oe—DocuSigned by:
jAWAI L
C781 B341AAE4468...
By: Jacent T Ley
Title: General Manager Service
Date:
2/9/2022
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For: Tukwila Fire Station 52
Title: Public Works Director
Date: 02/08/22
APPROVED AS TO FORM BY ASSISTANT
CITY ATTORNEY
APPROVAL ON FILE.
DocuSign Envelope ID: B9B8747E-AAA7-40CE-9D2D-2D0CBE598111
TERMS AND CONDITIONS
1. This is the entire Agreement between us, and no other terms or conditions shall apply. This service proposal does
not void or negate the terms and conditions of any existing service agreement unless fully executed by both parties. No
services or work other than specifically set forth herein are included or intended by this Agreement.
2. You retain your responsibilities as Owner and/or Manager of the premises and of the Equipment. You will provide us
with clear and safe access to the Equipment and a safe workplace for our employees as well as a safe storage location for
parts and other materials to be stored on site which remain our property, in compliance with all applicable regulations related
thereto, you will inspect and observe the condition of the Equipment and workplace and you will promptly report potentially
hazardous conditions and malfunctions, and you will call for service as required; you will promptly authorize needed repairs or
replacements outside the scope of this Agreement, and observe all testing and reporting responsibilities based upon local
codes. You will not permit others to work on the Equipment during the term of this Agreement. You agree that you will authorize
and pay for any proposed premaintenance repairs or upgrades (including any such repairs or upgrades proposed during the
first 30 days of this agreement), or we will have the option to terminate this Agreement immediately, without penalty to us. You
agreed to post and maintain necessary instructions and / or warnings relating to the equipment.
3. We will not be liable for damages of any kind, whether in contract or in tort, or otherwise, in excess of the annual price
of this Agreement. We will not be liable in any event for special, indirect or consequential damages, which include but are not
limited to loss of rents, revenues, profit, good will, or use of Equipment or property, or business interruption.
4. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes,
strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, epidemics, pandemics, storms, riot, civil
commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual sources,
government priorities or requests or demands of the National Defense Program, civil or military authority, war, insurrection,
failure to act on the part of either party's suppliers or subcontractors, orders or instructions of any federal, state, or municipal
government or any department or agency thereof, acts of God, or by any other cause beyond the reasonable control of either
party. Dates for the performance or completion of the work shall be extended by such delay of time as may be reasonably
necessary to compensate for the delay.
5. You will assign this Agreement to your successor in interest, should your interest in the premises cease prior to the
initial or any renewal termination date. If this Agreement is terminated prematurely for any reason, other than our default,
including failure to assign to a successor in interest as required above, you will pay as liquidated damages (but not penalty)
one/half of the remaining amount due under this Agreement.
6. The Equipment consists of mechanical and electrical devices subject to wear and tear, deterioration, obsolescence
and possible malfunction as a result of causes beyond our control. The services do not guarantee against failure or
malfunction, but are intended to reduce wear and prolong useful life of the Equipment. We are not required to perform tests
other than those specified previously, to install new devices on the equipment which may be recommended or directed by
insurance companies, federal, state, municipal or other authorities, to make changes or modifications in design, or to make
any replacements with parts of a different design. We are responsible to perform such work as is required due to ordinary
wear and tear. We are not responsible for any work required, or any claims, liabilities or damages, due to: obsolescence;
accident; abuse; misuse; vandalism; adverse machine room conditions (including temperature variations below 60 degrees
and above 90 degrees Fahrenheit) or excessive humidity; overloading or overcrowding of the Equipment beyond the limits of
the applicable codes; use of a stopped escalator as a stair; adverse environmental or premises conditions, including but not
limited to water damage, power fluctuations, rust, or any other cause beyond our control. We will not be responsible for
correction of outstanding violations or test requirements cited by appropriate authorities prior to the effective date of this
agreement.
7. Invoices (including invoices for extra work outside the fixed price) will be paid upon presentation, on or before the last
day of the month prior to the billing period. Late or non -payments will result in:
(a) Interest on past due amounts at 11/2% per month or the highest legal rate available;
(b) Termination of the Agreement on ten (10) days prior written notice; and
(c) Attorneys' fees, cost of collection and all other appropriate remedies for breach of contract.
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8. If either party to this Agreement claims default by the other, written notice of at least 30 days shall be provided,
specifically describing the default. If cure of the default is not commenced within the thirty -day notification period, this
Agreement may be terminated. In the event of litigation, the prevailing party will be entitled to its reasonable attorneys' fees
and costs. If you elect to modernize any or all of the Equipment during the term of this agreement, you will give us the option,
within a reasonable time, to prepare an offer for the work and/or evaluate competitor proposals and compare scope of work
and price. If we are unable to match price and scope of work, or present an alternative proposal, this Agreement may be
canceled with ninety (90) days written notice.
9. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any
component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals, software,
modems, source/ access/ object codes, passwords. In the event Schindler's maintenance obligation is terminated, the
Schindler Ahead features ("SA") (if applicable) will be deactivated and Schindler reserves the right to remove the Schindler
Ahead hardware. If Schindler is no longer the maintenance provider, Customer is responsible for obtaining alternative
telephone service for the elevator phones.
10. You will prevent access to the Equipment, including the SA feature and/or dedicated telephone line if applicable, by
anyone other than us. We will not be responsible for any claims, losses, demands, lawsuits, judgment, verdicts, awards or
settlements ("claims") arising from the use or misuse of SA, if it or any portion of it has been modified, tampered with, misused
or abused. We will not be responsible for use, misuse, or misinterpretation of the reports, calls, signals, alarms or other such
SA output, nor for claims arising from acts or omissions of others in connection with SA or from interruptions of telephone
service to SA regardless of cause. You agree, which...obdigation shadl..survive this..Agreement, that..you will...defend,...indemnify
and hold us harmless... from and against any- such claims, anal from any and all claims arising out of -or in connection with this
Agreement, and/or the...Equipment, unless caused direotdy and sodely...by our..established fault.
11. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement
will take precedence over those of the purchase order.
12. Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance. You
agree to accept, named as certificate holder, in full satisfaction of the insurance requirements for this Agreement, our standard
Certificate of Insurance. Limits of liability as follows:
(a) Workers' Compensation - Equal to or in excess of limits of Workers' Compensation laws in all states and the
District of Columbia.
(b) Comprehensive Liability - Up to Two Million Dollars ($2,000,000.00) single limit per occurrence,
Products/Completed Ops Aggregate $5,000,000.
(c) Auto Liability - $5,000,000 CSL.
(d) Employer's Liability - $5,000,000 Each Accident/Employee/Policy Limit.
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