HomeMy WebLinkAboutPR 15677: AWARD THYSSENKRUPP ELEVATOR CONTRACTMEMORANDUM
PUBLIC WORKS DEPARTMENT
TO: Stephen B. Ftzgibbons, City Manager
FROM: Ross E. Blackketter, P.E., Director of Public Works
SUB]ECT: P. R.# 15677, Award ThyssenKrupp Elevator Contract
DATE: 23 December 2009
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 15677
awarding a contract to ThyssenKrupp Elevator for elevator maintenance.
BACKGROUND:
On 09 September 2008, the City Council approved a contract with Otis Elevator
Company for elevator maintenance with the right to terminate with thirty (30) days
written notice. Since that time, the City Council awarded a contract to ThyssenKrupp
Elevator for upgrades to the City Half elevators. In order to avoid shared liability, the
contract. with Otis wilF be rescinded and awarded to ThyssenKrupp. ThyssenKrupp will
provide maintenance services at. the same monthly rate as Otis for the 12 month
warranty period of the elevator upgrades.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY:.
It is recommended. that. the City Council approve Proposed Resolution No. 15677
awarding a contract to ThyssenKrupp Elevator for elevator maintenance.
~~ ~~
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\Documents\CAMS\Award ThyssenKrupp Elev Cont.doc.
P. R. No. 15677
12/30/09 reb/gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING A ONE (1) YEAR CONTRACT WITH
THYSSENKRUPP ELEVATOR OF HOUSTON, TEXAS FOR
MAINTENANCE SERVICES FOR THE CTTY. HALL. ELEVATORS IN
THE AMOUNT OF $560 PER MONTH, FOR AN ANNUAL COST OF
$6,720. FUNDS ARE AVAILABLE IN THE PUBLIC WORKS CITY
HALL ACCOUNT N0.001-1206-531.32-00.
WHEREAS, in Resolution 09-526, the City Council awarded a contrail to ThyssehKrupp
Elevator for upgrades/modernization to the City Hall elevators; and,
WHEREAS, the contract with ThyssenKrupp requires that a fully executed full maintenance
contract must be in place prior to beginning of modernization; and,
WHEREAS, the City previously had a contract with Otis Elevator Company for elevator
maintenance services; and,
WHEREAS, in order to avoid shared liability and to remain incompliance with the terms of
Resolution 09-526, the City will rescind the contract with Otis Elevator and award the. maintenance
contract to ThyssenKrupp Elevator of Houston, Texas;
WHEREAS, the twelve month period the warranty will be in effect for the elevator
upgrades; and,
WHEREAS, ThyssenKrupp will provide this service at the same rate as the previous contract
with Otis, a rate of $560 per month or $6,720 for the year; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE. CIfY OF PORT ARTHUR:
THAT, the one (1) year contrail for elevator maintenance services with ThyssenKrupp
Elevator, forCity Hall (attached as Exhibit"A'~, is hereby approved in the amount of $6,720 per year.
or $560 per month, and will take effect February 5, 2010 at the expiration of the contractwith Otis
Elevator; and,
THAT, funds for the contrail are available in the City Hall Budget; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
P.R. 15677
Page 2
READ, ADOPTED AND APPROVED this the
Ayes:
Mayor:
Councilmem
Mayor
Attest:
City Secretary
APPROVED TO FORM:
~~
City A rney ~ d.C ~ Na
APPROVED FOR ADMINISTRATION:
_,~:i~C~ :mac%~~.
Stephen B. Fitzgibbons
City Manager
~~ st~/~.~'S
Ross E. Blackketter, P.E.
Director of Pubiic Works
day of A.D. 2010 at
meeting of the City of Port Arthur, Texas by the following vote:
APPROVED AS TO AVAILABILITY OF
FUNDS:
a
Deborah. Echols, CPA
Finance Director
Shawna Tubbs
Purchasing Manager
S: \engi neer~documents\EievatorM rx\PRi5b77.doc
EXHIBIT l4
,~,
Platinum. Maintenance Agreernent . T~Q,i~. AG~M~T
Purchaser: City of Part Arthur
444 4th Street
Port Arthur, TX 77641-1089.
Hereinafter referred to as "Purdtaser", "you', and "your".
Location: City of Port Arthur City Hall
444 4th Street
Port Arthur, TX 77641-1089
TC~'N TK-se-aye
~~r ~' iZ'~~o~
By: ThyssenKrupp Elevator Corporation
14820 Tomball Parkway„ Suite 190
Houston, TX T7086
Telephone: (713)849-2191, (281)914-9765
Fax: (713)896-4660
E-Mail: tony.bruni@thyssenktupp.com
Internet: www.thyssenkruppelevator.com
Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator', "we", "us" and "our".
PLATINUM MAINTENANCE AGREEMENT
ThyssenKrupp Elevator agrees to maintain Purchasers elevator equipmem described below in accordance with this agreement.
We NnE endeavor to prwnte a comprehensive maimenance program designed to protect your inves[meM and maximae the
performance, safety, and life span of the elevator equipment to be maintained.
Equipment To Be Maintained
Building Name
Port Arthur Ciry~Hall
UnitOuantiry Manufacturer
2 ThyssenKrupp
Type of Un@ Application of Unit Und ID ar5erial ~
Geared Traction Passenger TBD
ThyssenKrupp' Elevator
Americas Business Unit ~~\
"Platinum Maintenance Agreement:. .
Pre~Pntative Maintenance Program
We will service your equipment descnbed in this agreemem on a regularly scheduled basis. These service vans w911 be performed during normal
business working days and hours, which are defined as Monday througgh Friday, 5:00 AM to 4:36 PM (except scheduled holidays). All work
performed before ar after normal business working days and hours shall 6e considered "Overtime"
ThyuenKrupp Elevator will perform the following services:
Examine your elevator equipment for optimum operation. Our examination, lubrication and adpnstmeM will cover the tolbwing
components of your elevator system:
o Control and landing positioning systems
o Sgnat factures
o Machines, drives, motors, gavemors, sheaves, and wire ropes
o Power ands, pumps, valves, and lads
o Car and haislway door operating devices and door protection equipment
o Loadweighers,-carfromes and platforms, and counterweights
o Safety mechanisms
• Lubricate egwpmentfor smoad9 and etTicient }rerformance
• Adjust elevator parts and components to mazrmize performance and safe operation
Full Coverage Parts Repair and Re~lacernerrt
ThyssenfGupp Elevator w81 provide fug caverege parts repair and(or replacemem for all components wom due to normal wear, unlessspecifrcely
excluded in the "hems Not Covered' or "Other Conditions" provisions herein. We maintain a comprehensive parts inventory to wpport our field
operations. Ali replacertem parts used in your equipment wiB be new or refurbished to meet ttte quaffry standards of ThyssenKrupp Elevator.
Most specialized parts are available wdhm 24 hours, seven days a week. We wiU relamp all signals as regmred {during regviarty scheduled visits).
Maintenance Control Program
ThyssenKrupp Elevator performs service in accordance with our written Maintenance Control Program. This program meets or exceeds arty and
all requirements of ASME A 19.1-2007 Cade, Section B.fi. The Maintenance Control Program mdudes ThyssenKrupp Elevator's Maintenance
Tasks 8 Records doamentatiomwhich shag be used to record all wank performed on the equipment and is provided watlt each rontroller. We do
not perform arty tests unless such tests are spec'dicalry listed as included elsewhere in this agreement.
Ouality_,Asstuance
To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us
for your a brand of elevator. They wi0 be equipped withour tools, doaaneMation and knrowledge to troubleshoot your unique system; as
well as access ro a comprehensive parts replacement inventory system.
Behind our technicians a a team devoted to elevator excellence. Technicians are wpported around the dock by a team of engineers and field.
support experts. Our North Amedan technical support facirrGes continuously research advancements in [he industry and'vt.your equipment.
Also, our imernal quality control program ensures optimum and reliable operation of your elevator equipment
To assure that quakty standards are beingy maintained, we may conduct periodic fieM quality audd surveys. Your dedicated ThyssenKrupp
Elevaor representative will be available to discossyour elevator needs with you rn all aspects d service and~modernrzation. In addition, you may
retefve recommemWtions far upgrades that will also provide you wdlt budget options designed to enhance the appearance, performance and
safety of or meet Cade requirements for your equipment over time.
ervice Requests during Normal Working Davs and Hours
Service requests are defined as arty request for dispatch of our technidan to the bcation of the equipment covered in tha agreement from one or
more of the fallowing: you or your representative, the building or building's representative, emergency personnel, passengers through the
elevator's communiwGan device andlor from VISTA Remote MomTodng through the elevator's communication line. Service requests include
minor adrystments. and response to emergency entrapments that pn he accomplished in two hours or less (excluding travel Gme). and. do not
include regulary srdteduled maintenance vrsrts.
We will respond to service requests during normal business working days and hours; as clef ned above, at no additional charge.
Overtime Service Requests
On all overtime service requests, we will absorb straight time costs for labor, and you will he responsible for the drfference between the straight
time costs and Overtime costs for labor. Labor costs include travel time, travel expenses, and time spem on the job. Overtime service requests
are perfomred before a after normal twsiness working days and hours.
VIEW®
VIEW is ThyssenKrupp Elevator's astomer oriented, online service activity reporting system. VIEW allows building owners and managers to
.monitor our maintenance and service call acCnrity. VIEW can 6e accessed tna the Internet any trrte, day or night.. You can "VIEW' service tickets
assodated with a single elevator serviced under tha agreement, for all the elevators at the locafion served under this agreement, or across an
emire portfolio of elevator equpment that is serviced by ThyssenKrupp Elevator. Spedal considerations regarding VIEW are included herein.
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^ VISTA®(Check box if included)
VISTA Remote Mondgring is ThyssenKrupp Elevator's exclusive service. for monitoring the stems and. performance of your elevamr(s). VISTA
monitors compat~le equipment 24 hours per day, 7 days per week, and 365 days per year. Consmnty monRonng performance data on your
equipment provides ThyssenKmpp Elevator the abddy to respond ro operational irregularities quiddy and more efficiently. With VISTA, we. can
often dispatdt a service technxian to your /option before any interruption in etevamr service occurs: Sernce visits based on VISTA data will be
made dudng normal business hours on normal business days.
^ Sound(Vet®(Check box'rf included)
SoundNet is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency pll service. Our represenmfrves are trained to handle
elevator ells amt they pn assess the situation andquieltly dispatch a technidan when necessary. If needed, they pn stay on the line to reassure
a stranded passenger that help is on the way. SoundNet maintains digital rewrdings and computenzed records of the time, date, and location of
ells received and action taken for the benefit of passengers and building owners.
® Periodic Safety Testing (Check box ff included)
ThyssenKmpp Ekwamr will test your equipment im accordance with those annual periodic testing requirements as outlined of the American
Natbnal Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement is execeted. In the evem that the
slam, city or lop/ governing authority in whichthe equipment is /opted has adopted differem requirements, ThyssenKrupp Elevator will test your
equipment m acxordance wdh those.annuaf periodic testing requiremems in effect at thetime thrs agreement a exerted. You agree to pay Mr
any costs of the inspector and/or inspection tees. Special consrderetions regarding Periodic SafetyTesting are set forth below.
PrOdUCt Information. You agree m provide ThyssenKrupp Elevaor wdh cunent wiring diagrams that reflectaA ~hanQes, parts prologs, and
maintenance insWctions for the equipment covered by this agreement (exception: we wtll supply alt of the above for new I IrySSenKrupp elevarors
at no additional cost). You agree to authors us to produce single copies of arty programmable device(s) used in the. equipment for the purpose
of archival hack-up of the software embodied therein. These items will remain your property.
Safe .You agree to iristNCt or warn passenggeerrss kt the proper use of die equrpment and to keep the equipment under continued surveillance
by competent personnel to detect irregularities between elevator examinations. You agree to immediatey report arty condition that may indicate
the need for correctron before the nett regular examination. You agree to immediately shut down the equipment upon mandestation of any
irregularities in either the operation or the appearance of the equipment, to immediatey notify us, and to keep the equipment shin down until [he
compk4ion of arty repairs. You agree m give us enmediate verbal notice and written ngtice wdhin [en (30) days after arty occurrence or accident
to or atrom the elevator. You agree to provMe:our persorotel with a safe place m work. You agree m provide a suitable machine room, including
secdred doors, wamrpraofmg, GgnOng, vendlatron, and appropriate air mmperature control to maintain that mom at a temperature between 5O°F
and 9O°F. You also agree m mammrnthe elevamr pK in a dry condition at a0 times. Should wamr or other liquids become present, you wiR
mntrect with others mr removal and the proper handling of such liquids. We reserve [he right m discontinue work m the build'vty whenever, m our
sole opinion, our persomtd do not have a safe pWce to work. You also agree that ff ThyssenKrupp Elevator's inspection of a prece of equipment
serviced umfer this agreement reveals an operational problem which, in ThyssenKrupp E~vator's sole judgment, jeopardizes the safety of the
riding public, ThyssenKru~p Elevator may shut down tlre~egwpment until sudt time as the opemtional problem is resolved. In that event,
ThyssenKrupp Elevamr will immediately advise you in writing of such action, the reason for such action; and whether any proposed solution is
covered by the terms d this agreement. - -
Other. Yov agree. not m permit others to make almrations, additions, adjustments, or repairs or replace airy component or part of the
equipment during the. term of this agreemem. You agree to accept,our judgment astg the means and mmhods employed by us for any corrective
work under this agreemem. Since ThyssenKrupp Elevaror's top pnoriry is the satisfaction of its customers, ff you should have any concern(s) with
the. nreans and methods used to trmimam or repaa the equipment covered under this agreement, you agree to provide us with written notire of
that concern and give us thirty {30} days m respond either in writing or commence action to appropriamy resolve it.
in the eventof the sate, lease a other transfer of the ownership or management of the premises in which the emvatar(s) or equipment described
herein are /opted, you agree m see that such transferee is made aware ofthis agreemem and agrees [o assume and/or he bound by the
conditions hereof for the balance of the unexpiredterm of this agreement. Should the trensferee fail to assume this agreement, you shall remain
Gable far all unpaid amounts, including thou owed for the balance of the current unexpired mrm of this agreement.
In consideration of ThyssenKrupp Emvatar performing the services herein spedfled, you prpressy agree to indemnify,. defend, save harmless,
dscharge, release atW forever acqutt Thys~nKn~p Elevator Carporatian, our employees, officers, agems, afrifia0es, and substdlarfes from and
against any and all claims, demands, suds, and proceedings brought against ThyssenKrupp 9evatar, our employees, officers, agents, affiliates
and subsidiaries for loss, property damage (including damage mthe egmprnerdwhtch is the subled matter of this agreement), personal injury gr
death that are alleged to have been posed' by the Purchaser or any others m cormerAort wdh the presence,. use, misuse; maintenance,
insmllation, rremwa , rmamdacture, desgn; operation. ar conrtion o>f the equipment roavered fby this. agreemem, or the atssgciated asreas.
surounding such equipment Your dory to indemndy does not apply m the exmnt Ntat the lass property damage {including damage m fhe
uipmoot which Is the subled matter of this agreement), personal injury ar demh is determinedto 6e caused hY or resulting from the negligence
Thyst of a0 ~rney's f es~ocouK rmst 1 d9men[s~setdements,~mtere~randliat~ryoother exT~pensanesr~ Itigatioo arisng outiofsuctr. dauilmus or
1 SUt~ You expressly egr~e to name ThyssenWupppp Elevator Corporation along witlt its officers, agrems, affiliates and subsidiaries as
add'd onal insureds in your l abl i and-arty excess (umbrella) fiabild7f insurance. policy(ies). Such insurance must insure ThyssenKrupp Elevator
Corporation, along with "as gfficers, agents, affiGams and st~sidianes for loss, property damage (including damage m the equipmeet which Is the
subled matter of this agreemem), persona! in ury or death that are alleged ro have been posed b)'the. Purchaser or any others in cgnnection
with the presence, use, misuse, maintenance, ~nstallahon, removal, manufacture,, design; operation orcenddlon of the egmpmem covered by this
eaggregiment, or the assgaated areas summnding $ttch equipment indudingswch losses. caused mY or rresulting from the negligence. ct
7hyssenKrupp Elevator Corporation and/or Its officers, agems, afh7iates and subsrdutdes. Such insurance must specify that its coverage is
primary and non-contribumry. You hereby waive the right of subrogation. ~ TKAa-0zze
Elevator Mamrenarxe Agreement Page 3 0l 5
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Platinum Maintenance Agreement
Items 'Not Covered. we do nor cover cosmefic, construction, or anallary components w rrre erevawr ayareny ,r,u~w„y ~~_ ,,,,u,-~~n,
repairing, or replacement of thecab encosure, ceiling frames, panels, and/or fixtures, hotsiway door pane, door frames, swing door hinges and
closing devices, sills, car fkxxing, floor covering, lighting fixtures, ceSkng IkJM bulbs and tubes, mare Ime power swlches, breaker(s}, feeders to
controller, bebw ground or unexposed hydreuhc elevaor system, including but not limited to, jack kylmder, piston, PVC or other protective
rr~terial; below ground or unexposedfnpng, alignment of elevator gwderads, smoke and fire sensors, fire service reports, ag communrrahon
and. en[ertainrrteM devices, secunry systems not installed by us, batteries for emergency lighting and emergency lowering, an conditioners,
heaters, ventilation fans, pl pumps and all other Reins as set forth and exduded in this agreement.
VIf1N®. ThyssenKrupp Elevator agrees to provide a user name and password to Purchaser via ThyssenKnrpp Elevator's Internet website,
www.tke-view.com, far your aaxss to maintenance and service call activity. PumJiaser's Internet availability equipment (nduding hardware and
software} and 1Mernet connection Mall tie provided by others. You acknowledge that data reported prior td January 1, 2004 may not be all-
indusive of work actually performed. AddRionally, you admowledge that arty work performed by repair,., mpdemization, and/or construction
personnel may not be inducted w accessible in VIEW until ThyssenKrupp Elevaor's PDA system for time repomng is fully deployed to all field
employees. Requests for adddional information and maintenance and service cop activity 6dkets whidt are not generated by eledroruc means
shall be made to your local ThyssenKrupp Elevator branch office as shown on page 1 of this agreement. ThyssenKrupp Elevator reserves the
right to restrict access [o this information rf Purchaser's account has an outstanding unpaid balance greater than 30 days and/pr if you. have
provKled written notification of your intent to cancel our agreement and/or in the event of antsipated, pendng or instigated Ilrgatton by either
PartY-
0d1 r CO ttl With the passage of time, equipment technology and designs wll change. If any part or component of your equipment
covered under t is agreement a3nrrot, m our sole opkmon, tie safely repaired and is no longer stocked and really available from ether the
original equipment manufacturer or an aftermarket source, [hat part w crxnponentshag be considered obsolete. You will tie responsible for all
charges assoriated vnth repladngthat obsolete part or component as well as atl charges required to ensure that [he remainder of the equipment
is fundionaltycompalble with that replacement part or component. In addition, we wilt not be required to make arty changes. or
recommendations in the existing. design or fundwn of the umt(s} nor will we be obligated to install rrew attachments ar parts upon the egwpment
as rerommended ordireded by insurance companies, governmental agencies w authonties, or any other third party. Moreover, we shall not be
obligated to service, renew, replace and/or repair the equipment due to any one w more of the fdkrvring: anyone's abuse, misuse. and/or
vandalism of Me equipment; anyone's negligence in connection with the use or operation M the. equpment; any loss of power, power
Ruduations, power. fadure,_w power surges that in any way abed the operation of the egwpmenr: fae, smoke, explosions,,waler, storms, wnnd,
tightening: ads of awl or mlitary authonbes; stokes, lockouts, otlter labor disputes,.theft, not, cord commotion, war, maliaous mischief; acts of
God, or any other reason w cause beyond our control that affects the use or operation of the equipment. You P~pressty agree to release and
discharge us and our empkryees for airy and all claarrs and/or losses(indudng personal infury, death and property damaagge; specifically indudin9
damage to the. properly whidr isthe subject matter of this agreement) assoaated therewithor caused thereby. ThyssenKrupp Elevator shall also
automatrcally receive an extension M lime commensurate with arty delay in performanco roused by or related to the aforementioned and you
expressty agree to release and discharge ThyssenKnipp Elevator from arty and a!l claims for consequeMraL special orindired damages arising
out of the performance M this agreement. In no event shall ThyssenlWpp Elevator's liability for damages ansng our of this agreement exceed
the remaining unpaid installments of the current, unexpired term of this agreement.
Should your system- require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no
responsibility for the day-today operadon of the governor or Metres on traction elevators, or the hydraulresystem on hydmuhc elevators under
the terms of this agreement until the test has been completedand the equipment passed. Should the respective system fail arty of thosetests, it
shat be your sole responsibility to make necessary repairs and place the equirppment in a condlion that we deem acceptable forfurther coverage
under the terms of this agreement. We shall not be liable for any damage to the bwlding structure or the elevator resulting from the performance
of any safety tests we perform at arty time under this agreement. If dunrg the initial fuefigMer's service [esi, that feature is found to be
inoperable, you shall be responsible for all costs assodated with neatssary repau(s)N bring the elevator(s) into compliance with the applicable
elevator codes m your bcal jurisdiction.
In the evert a third parry is retained to enforce, constnre or defend arty of the terms and conditions of this agreement w to collect any monies due
tereunder, either with w widlout litigation, the prevailing party shati be entitled to recover al costs and reasonahte attorney's fees..
You hereby waive trial 6y jury. You agree that this agreement shall be construed and enforcedin accordance with the laws of the state where the
equipment is located. You consent to jurisdiction of the kxnrrts; both state and Federal, of the state in which the equipment is located as. to a0
matters and disputes arising out of this agreement
In the event arty portion of this agreement is deemed invalid or unenforceable by a court of Ww, public policy or statute, such fording shalF not
affedthe validly or enforceability of any other portion of thisagreement.
Our rights under tltis agreement shall be cumulative andaur failure to exerkise any rights given hereunder shall not operate to forfeit or waive any
of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or arty of its other rights shall not be
construed as a waiver of arty of its rghts under this agreement.
Pli :The price for the services as stated in this agreement shall be Fve Htmdred Sixty dollars ($56D:00} per month, excluding taxes,
payable quarterly in advance. ~ -
MnUal PfICB r4dlUStmErltS. Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to
adjust the price of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based. on the
[K-98-0248
aerator MavKe+ianrt Agreement Page d or 5
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percentage chartye in Me average rate paid to elevator examiners. tins rare paw w erevarur exauwic,o w,u~~ .., .•,_ ••~~••, •-•- r--~- ~-
exammers plus fnnge.benefi[s and umon welfare grained in place of a in addition io ttie hoary rate.. Fdnge benefits incNde pensions, vacations,
paid holidays, group insurance, srckness and. amdent mwrance, and hospital insurance. We also reserve the dght to make additional
ad)ustment to the price of our service under this agreement and/or enact wrcharges as needed to accoum for increased fuel pdces when such
increases exceed Ute Consumer Price Index (CPq current rate. We alw reserve the exriusive right to make additional adjustment to the price of
our service under this agreement in the event that the. equipment covered by this agreement is modified from its present state.
EBrI~aVfrlenf UI$COtlftt. You may elect t6 pay in advance for twelve (12) months of service desrn'fied in this agreement. Such a pre-
payment enGtlesyou to a 3 Jo discount horn the annual price in effed at the time of paymem.
OVEfCIUB Irlvoicet. A service charge of 1r6% per momh, a the
have with ThyssenKrupp Elevator that are in any way related to yo
ThyssenKrupp Elevator related toyour equipment described in this
other wgh us, wdhin sacty (GO) days from the htlhng date we may .
amounts due have been paid in fug, and/or 2) declare a~ sums for
and terminate our ab6gations under this agreemem. If ThyssenKm
injury, death, damage to property Including damage to the egwpn
Idnd that is in arty way rested She ThyssenKrupp Elevator's susl
equipmentodunng thatdri~. T~'une s ofrthel ese~nce ~nar Mat raw
ighest legal rate, whichever is more, shall appy to all overdue aaourds--you
equipment desaihed in this agreement ff you do not pay any sum due to
Ireement, regardless of whether d islriged pursuantto this agreement orany
>o choose to do one or more of Ute following: 1) suspend a0 service until all
ie unexpired term of Mis agreement due immedtatey as Inlurdated damages.
3 Elevator elects to suspend service, we shall not be responsble far personar
nt that is the subject matter of this agreemerth or losses of any other type or
nsion of service. Upon resumption of service, you wfll be responsible for
from our suspension of service and to remedy arty damage caused to your
C 0t1CR. Your acceptance of this agreement and its approval try an authodzed manager of ThyssenKrupp Elevate will constitute
exdusroey and entirely Me agreement for the services herein desrnbed. All other prior representabans or agreements, wbetherwdtten or verbal,
will be deemed to be merged herein and no other changes in or additions to this agreement wifl be recognized unless rrede in wrhing arM
propery executed by 6oM parties. Should your aaeptance be m Me form of a purchase order or oMer simgar document, the provisions. of this
agreement will govern, even in the event of a conflict This proposal is hereby accepted m its entirety and shall constgute the entire agreement as
tontemplatedby you and us. This proposal is submitted for acceptance within one-hundred hvenly (120} daysfmm the Date Sutxnitted by Me
ThyssenKmpp Elevator representative indicated below.
No agent a employee shall have Me auMarity to waive or modify any of Me terms of this agreement without the prior written approval of an
authorized ThyssenKmpp Elevator manager.
Thyssen EI Corporation: Cdy of Part Arthur ThyssenKruPP 6evamr Corporation Approval:
g By:
By: y.
(Signature of TlryssmKrupp flevatgr flepresemative) ~ (Signaaae MAuthorized hTdividual) (Sigrrafure of Authorized Md'aiduag
Torn Bmni
Account Manager (Print or Type Name) (Print or Type.Name}
.
(713)849-2191
(Print or Type Tide) (Print or TYPe Tide)
December 71. 009
(Date Submided}
lDa[e of ARPrO~aO
(Gate of ApPrwaq
Special Considerations
This agreement will comence on Fedruary 5, 2010 and will be in effect until the last day of the modernization warranty period. At
the end of the warranty period a new service agreement wig be negotiated between both parties.
' Tx-98-0428
aevaior MaimenanlR Agreemern page 5 W 5
n<PA03/09