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AG 15-235*Second Notice* Maintenance Agreement Addendum Ael IS -2 (c\ Scope Revision to include the Maintenance Control Program ThyssenKrupp Elevator and CITY OF FEDERAL WAYhereby amend and supplement their duly executed and existing elevator Maintenance agreement dated 1/29/2008, contract number(s) US51690 as set forth in this addendum. This addendum shall be made a part of the existing elevator maintenance agreement, and in the event of conflict with other terms, conditions, purchase orders or contract documents, this addendum shall govern. All terms and conditions set forth in the existing elevator maintenance agreement will remain in full force and effect and apply to this addendum where no conflict exists. Amended Scope of Services. ThyssenKrupp Elevator will perform service in accordance with our written Maintenance Control Program. This program shall meet or exceed the requirements of .A.SME A17.1-2010 Code, Section 8.6 and 8.11 and the applicable WAC Codes that are in affect at the time of the signing of this Addendum. The Maintenance Control Program includes ThyssenKrupp Elevator's Maintenance Tasks & Records documentation which shall be used to record all work performed on the equipment and is provided onsite with each controller as required by code. The work shall be completed in accordance with the ThyssenKrupp Elevator maintenance procedures that have been reviewed and approved by the State of Washington, Department of Labor and Industries, Elevator Division as of July 2013. We will also perform the Category 1 testing outlined in ASME A17.1 - 2010 as part of this agreement, but do not perform any Category 3 or 5 tests as part of this agreement unless such tests are specifically listed as included elsewhere in this agreement. Price Adjustment: To accommodate the additional scope being added to your service agreement, ThyssenKrupp Elevator will increase the price of this service agreement by $125.00 per elevator, per month, excluding taxes. This amount shall be the revised price of your existing elevator maintenance agreement effective 9-1-2015 for a new sixty month term, and shall be adjusted annually in accordance with the terms and conditions contained therein. Acceptance: Your acceptance of this addendum and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively the entire understanding of the parties with respect to the subject matter contained herein and it shall thereafter become part of the parties' agreement. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is submitted for acceptance within thirty (30) days from the Date Submitted by the ThyssenKrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. ThyssenKrupp Elevator Corporation: By: (Signature of uthorized Individual) uI Marshall Account Manager Paul. Marshallflthvssenkrupo.com 06 -August -2015 (Date of Approval) 1),\o' AUG 2 0 2015 FEDERAL WAY COMM CTR By: CITY OF FEDERAL WAY ignurure of A prized Individual) ktyll 44 Skew Print orjype Name) I i3 fln - 6211% S–v-)so'( Print Type Title) IiOI— (Date of Approval) ThyssenKrupp Elevator Corporation: Management Approval Glen Minter Branch Manager Glen.minter@thvssenkruDo.com �- 19--5 (Date of Approval) ,� M16235 Platinum Maintenance Agreement Purchaser: City of Federal Way 33325 8th Avenue S Federal Way, WA 98003 Hereinafter referred to as "Purchaser", "you', and "your". Location: Federal Way Community Center 3319 9th Avenue S Federal Way, WA 98003 By: TK•10641105 ThyssenKrupp Elevator Corporation 7006 27th Street W Suite A University Place, WA 98466 Telephone: 253-566-1751, (253)606-2838 Fax: 253-566-1911 E -Mail: karen.weinstein@thyssenkrupp.com Internet: www.thyssenkruppeievator.com Hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator', "we", "us" and "our". PLATINUM MAINTENANCE AGREEMENT ThyssenKrupp Elevator agrees to maintain Purchasers elevator equipment described below in accordance with this agreement. We will endeavor to provide a comprehensive maintenance program designed to maximize the performance, safety, and life span of the elevator equipment to be maintained. Equipment To Be Maintained Building Name Unit Quantity Manufacturer Type of Unit Application of Unit Unit ID or Serial Federal Way Community 1 ThyssenKrupp Hydraulic Passenger EU9488 Center r tVti- s z r J► c 2 a V" j'12 Cps4t(AUYI 111/41 Ce -k ThyssenKrupp Elevator Americas Business Unit ThyssenKrupp Platinurri Maintenance Ag Agreement Preventative Maintenance Program We will service your elevator equipment described in this agreement on a regularly scheduled basis. These service visits witl be performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled holidays). All worked performed before or after normal business working days and hours shall be considered "after hours", ThyssenKrupp Elevator will perform the following services: • Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will cover the following components of your elevator system: o Control and landing positioning systems o Signal fixtures o Machines, drives, motors, governors, sheaves, and ropes a Power units, pumps, valves, and jacks o Car and hoistway door operating devices and door protection equipment o Loadweighers, car frames and platforms, and counterweights o Safety mechanisms • Lubricate equipment for smooth and efficient performance; • Adjust elevator parts and components to maximize performance and safe operation; and, • Document all work performed on Maintenance Tasks & Records Logs provided with each controller. Full Coverage Parts Repair and Replacement ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal wear, unless specifically excluded in ' Items Not Covered" herein, We maintain a comprehensive parts inventory to support our field operations. Alt replacement parts used in your equipment will be new or refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24 hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits). Quality Assurance To help increase elevator performance and decrease downtime, our technicians utilize the Latest industry methods arid technology available to us for your specific brand of elevator. They will be equipped with the tools, documentation and knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system. Behind aur technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optirnurn and reliable operation of your elevator equipment. Service Requests during Normal Working Days and Hours We will respond to service requests during normal business working days and hours, as defined above, at no additional charge. After Hours Service Requests On all "after hours" service requests, we will absorb straight time costs for labor, and you will be responsible for the difference between the straight time costs and overtime costs for labor. Labor costs include travel time, travel expenses, and time spent on the job. After hours service requests are defined as minor adjustments or emergency entrapments that can be accomplished in two hours or less (excluding travel time) which are performed before or after normal business working days and hours. VIEW® VIEW is ThyssenKrupp Elevator's customer oriented, online service activity reporting system. VIEW allows building owners and managers to monitor our maintenance and service call activity. VIEW can he accessed via the Internet any time, day or night. You can "VIEW' service tickets associated with a single elevator serviced under this agreement, for all the elevators at the location serviced under this agreement, or across an entire portfolio of elevator equipment that is serviced by ThyssenKrupp Elevator. Special considerations regarding VIEW are included herein. ® VISTA® (Check box if included) VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA monitors compatible equipment 24 hours a day, 7 days per week, 365 days per year. Constantly monitoring performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational irregularities quicker and more efficiently. With VISTA, we can often dispatch a service technician to your location before any interruption in elevator service occurs. Service visits based on VISTA data will be made during normal business hours on normal business days, Special considerations regarding VISTA are set forth below. ❑ SoundNet® (Check box if included) SoundNet is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency call service. Our representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a technician when necessary. If needed, they can stay on the line to reassure a stranded passenger that help is on the way. SoundNet maintains a computerized and hard copy record of the time, date, and location of calls received and action taken for the benefit of passengers and building owners. ® Periodic Safety Testing (Check box if included) Test equipment in accordance with annual periodic testing requirements as outlined in the American National Safety Code for Elevators and Escalators, ANSI A 17.1, which are in effect at the time this agreement is executed. Or if different than ANSI A17.1, in accordance with such annual periodic testing requirements as provided in the prevailing elevator and escalator code in effect and adopted by the state, city or local Elevator Maintenance Agreement TK PA 11/06 Page 2 of 6 tinum Maintenance Agreement governing authority in which the equipment is located, and which are in effect at the time this agreement is executed. You agree to pay for any costs of the inspector and/or inspection fees. Special considerations regarding Periodic Safety Testing are set forth below. Product Information, You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You `agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back-up of the software embodied therein. These items will remain your property. Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations, You agree to report immediately any condition that may indicate the need for correction before the next regular examination, You agree to shut down the equipment immediately upon manifestation of any irregularities in either the operation or the appearance of the equipment, to notify us at once, and to keep the equipment shut down until the completion of any repairs. You agree to give us verbal notice immediately and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including secured doors, waterproofing, Itghting, ventilation, and appropriate air temperature control to maintain that room at a temperature between 507 and 90°F. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our sate opinion, our personnel do not have a safe place to work. You also agree that if ThyssenKrupp Elevators inspection of a piece of equipment serviced under this Agreement reveals an operational problem which, in ThyssenKrupp Elevators judgment, jeopardizes the safety of the riding ubtic, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. In that event, ThyssenKrupp levator wilt immediately advise ycu in writing of such action, the reason for such action, and whether the proposed soiution is covered by the terms of this agreement. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreernent. You agree to accept our judgment as to the means and methods to be employed for any corrective work under this agreement. Since ThyssenKrupp Elevator's top priority is the satisfaction of its customers, should ycu have any concern(s) with the means and methods used to maintain the equipment or repair it under this agreement, you agree to provide us with written notice of that concern and thirty (30) days to respond in writing or take action to appropriately resolve it. In the event of the sale, lease or other transfer of the elevator(s) or equipment described herein, or the premises in which they are located, you agree to see that such transferee is made aware of this agreement and agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the unexpired term of this agreement. Items not covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishirrg, repairing, or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoist way door panels, door frames. sills, car flooring, Itoor 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, communication devices, security systems not installed by us, batteries for emergency lighting and lowering, air conditioners, heaters, ventilation fans and all other items as set forth and excluded in this agreement. VIEW®, ThyssenKrupp Elevator agrees to provide a user name and password to Purchaser via ThyssenKrupp Elevator's Internet website, www.tke-view.com, for your access to maintenance and service call activity. Purchaser's Internet availability equipment (including hardware and software) and Internet connection shall be provided by others. You acknowledge that data reported prior to January 1, 2004 may not be all- inclusive of work actually performed. Additionally, you acknowledge that any work performed by repair, modernization, and/or construction personnel may not be included or accessible in VIEW until ThyssenKrupp Elevator's PDA system for time reporting is full deployed to all field ernployees. Requests for additional information and maintenance and service call activity tickets which are not generated by electronic 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 to this information if Purchaser's account has an outstanding unpaid balance greater than 30 days and/or if you have provided written notification of your intent to cancel our agreement and/or in the event of anticipated. pending or instigated litigation by either party. Other conditions. With the passage of time, equipment technology and designs will change. We will not be required to make any changes or recommendations in the existing design or function of the unit(s). We shall not be obligated to service, make renewals or repairs upon the equipment by reason of obsolescence, misuse of the equipment, another's negligence, loss of power, blown fuse(s), tripped stop switch(es), theft, vandalism, explosion, fire, power failure, water damage, storm, lightning, nuisance calls, acts of civil or military authorities, strikes, lockouts, acts of God, or any other reason or cause beyond our control and you expressly agree to release and discharge us and our employees for any and all claims and/or losses (including personal injury, death and property damage, specifically including damage to the property which is the subject matter of this agreement) associated therewith or caused thereby. In the event any component of the elevator becomes obsolete or outmoded, or is no longer manufactured by the original manufacturer, it shall be your obligation to replace the obsolete or outmoded component. at your expense, We will not be obligated to install new attachments or parts upon the equipment as recommended or directed by Insurance companies, any governmental agency or authority. or any third party. Should your system require any of the safety tests set forth above under the section entitled "Periodic Safety. Testing" on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the operation of the components included in the periodic testing requirements under the terms of this agreement until such tests have been made and the equipment in question is determined to have complied with the applicable code in effect as determined by the prevailing governing authority, We shall not be liable for damage to the building structure resulting from the performance of safety tests. Should the respective system fait any of the required tests, it shall be your sole responsibility to make necessary repairs and to place the equipment in a condition that will be acceptable for coverage under the terms of this agreement. ThyssenKrupp Elevator shall not be liable for any loss. damage or delay caused by acts of government, labor, troubles, strikes, lockouts, fire, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control, and in no event shall ThyssenKrupp Elevator be liable for any consequential, special, or indirect damages. ThyssenKrupp Elevator shall automatically receive an extension of time Elevator Maintenance Agreement TK PA 11/06 Page 3 or 6 [17:latinum MaintenanceAgreement commensurate with any delay regarding the aforementioned and you expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages arising out of the performance of this agreement. In no event shall ThyssenKrupp Elevator Corporation's liability for damages arising out of this agreement exceed the remaining unpaid installments of the currenl, unexpired term of this agreement 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 hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury. You agree that this agreement shall be construed and enforced in accordance with the laws of the state where the equipment is tocated. You consent to jurisdiction of the courts, both state and Federal, of the state in which the equipment is located as to all matters and disputes arising out of this agreement. In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Price. The price for the services as stated in this agreement shall be One hundred eighty-five and no/100 dollars ($ 185.00) per month, excluding taxes, payable quarterly in advance. Term. This agreement is effective for five (5) years starting January 29, 2008 and is non -cancelable. To ensure continuous service, this agreement will be automatically renewed for successive five (5) year periods, 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 five (5) years period, or ninety (90) days before the end of any subsequent five (5) year renewal period. Notice shall be sent by certified mail, return receipt requested to the address set forth on page 1 of this agreement. Time is of the essence. Annual Price Adjustments. Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to adjust the price of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based on the percentage • change in the average rate paid to elevator examiners. This rate paid to elevator examiners consists of the hourly rate paid to examiners plus rringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. We also reserve the right to make additional adjustment to the price of our service under this agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the • Consumer Price Index (CPI) current rate. We also reserve the right to make additional adjustment to the price of our service under this agreement in the event that the equipment covered by this agreement is modified from its present state. Early Payment Discount. You may elect to pay in advance for twelve (12) months of service described in this agreement. Such a pre -payment entitles you to a 3% discount from the annual price in effect at the time of payment. Overdue Invoices. A service charge of 11/2% per month, or the highest legal rate, whichever is less, shall apply to all overdue accounts you have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of whether it is billed pursuant to this agreement or any other, within sixty (60) days from the billing date, we may also choose to do one of the following; 1) suspend all service until all amounts due have been paid in full, or 2) declare all sums for the unexpired term of this agreement due immediately and terminate this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal injury, death, damage to property (including damage to the equipment that is the subject matter of this agreement) or losses of ally other type or kind that is in any way related,the ThyssenKrupp Elevator's suspension of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service. Time is of the essence. Acceptance. Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exclusively and entirely the agreement for the services herein described. All mbar prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. Elevator Maintenance Agreement TK PA 11/06 Page 4 of 6 ThyssenKrupp Elevator Corporation: C t of Federal Way ThyssenKrupp Elevator Corporation Approvet: By' By... '`'`"�°F By: (Signature of ThyssenKrupp Elevator Representative) Karen Weinstein (Signature of uthori'ted Individual) Cary M. Roe, P.E. (Signature of Authorized ndividual) -2/en IA frr ti'- (Print or Type Name) Assistant City Manager/c Chief Operations Officer (Print or Type Name) t r foi 1 Acceunt Wong 566-1751 June 152007 (Date Submitted) (Print or Type Title) (Print or Type Title) 7/M h) 7 (Date of Approval) (Date of Approval) Elevator Maintenance Agreement TK PA 11/06 Page 5of6 Platinum Maintenance Agreement Special Considerations VISTA® To enable remote monitoring service, customer agrees to provide ThyssenKrupp Elevator with one accessible phone line per elevator so that data can be transmitted to ThyssenKrupp Elevator's monitoring facility. ThyssenKrupp Elevator will provide a toll-free number for this purpose. Purchaser authorizes us to install and maintain ThyssenKrupp Elevator's remote monitoring equipment on purchaser's equipment. Purchaser understands that all remote monitoring equipment, both hardware and software, installed by us on purchaser's equipment remains the property of ThyssenKrupp Elevator. If the service agreement between ThyssenKrupp Elevator and customer is terminated for any reason, you authorize and will allow us access to your premises to remove our remote monitoring equipment, The monitoring equipment installed by ThyssenKrupp Elevator contains trade secrets belonging to us, and is installed for the use and benefit of our personnel only. You agree not to permit your personnel or any third parties to use, access, examine, copy, disclose or disassemble the remote monitoring equipment while it is located on your premises. Other Considerations Travel Time and Mileage on After Hours Service Requests Purchaser shall reimburse ThyssenKrupp Elevator for all travel time and mileage expended on all After Hours Service Requests. Such costs will be invoiced at our overtime billing rates. After Hours Service Requests are defined as any request requiring dispatch of a service technician(s) that is fulfilled before or after normal business days and hours as indicated in the Elevator Maintenance Agreement. Elevator Maintenance Agreement TK PA 11/06 Page 6 of 6