HomeMy WebLinkAbout187-16 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 187-16
File Number: 2016-0454
SCHINDLER ELEVATOR CORPORATION:
A RESOLUTION TO APPROVE A FIVE YEAR EXTENDED WARRANTY AGREEMENT WITH
SCHINDLER ELEVATOR CORPORATION IN THE AMOUNT OF $5,100.00 PER YEAR FOR
REPAIR AND MAINTENANCE OF THE SPRING STREET PARKING DECK ELEVATOR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a five year
Extended Warrant Agreement with Schindler Elevator Corporation in the amount of $5,100.00 per year
for repair and maintenance of the Spring Street Parking Deck elevator. titrrt
PASSED and APPROVED on 10/18/2016
Page 1
Sondra E. Smith, City Clerk Treasurer
Printed on 10119116
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Sondra E. Smith, City Clerk Treasurer
Printed on 10119116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Text File
File Number: 2016-0454
Agenda Date: 10/18/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
SCHINDLER ELEVATOR CORPORATION:
A RESOLUTION TO APPROVE A FIVE YEAR EXTENDED WARRANTY AGREEMENT WITH
SCHINDLER ELEVATOR CORPORATION IN THE AMOUNT OF $5,100.00 PER YEAR FOR
REPAIR AND MAINTENANCE OF THE SPRING STREET PARKING DECK ELEVATOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a five year
Extended Warrant Agreement with Schindler Elevator Corporation in the amount of $5,100.00 per year
for repair and maintenance of the Spring Street Parking Deck elevator.
City of Fayetteville, Arkansas Page 1 Printed on 1011912016
City of Fayetteville Staff Review Form
7,016-0454
10/18/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Justin Clay 9/30/2016 Parking & Telecommunications /
Chief of Staff
Submitted By Submitted Date Division / Department
Action Recommendation:
C Approving a contract for extended warranty of the elevator located in the Spring Steet Parking Deck.
Comments:
Budget Impact:
2130.430.9132-5315.00
2130 Parking
Account Number
Fund
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
9,989.75
Funds Obligated
$
4,645.75
Current Balance
Does item have a cost? Yes
Item Cost
$
5,100.00
Budget Adjustment Attached? No
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Approval Date:
Comments:
CITY OF
•
1
7ay%Z
ARKANSAS
MEETING OF OCTOBER 18, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Peter Nierengarten, Sustainability & Parking Director
FROM: Justin Clay, Parking Manager
DATE: September 30, 2016
SUBJECT: Extended Elevator Warranty Contract for Spring Street Parking Deck
RECOMMENDATION:
Staff recommends the execution of a contract with Schindler Elevator Corporation for a five year
extended warranty on the elevator located in the Spring Street Parking Deck.
BACKGROUND:
In October 2015, the City completed construction of the Spring Street Parking Deck. The
elevator contained therein is under warranty for one year, which will expire on October 22, 2016.
To prevent interruption of service on the elevator a new warranty agreement should be
executed.
DISCUSSION:
The proposed warranty agreement covers repair and maintenance on the elevator for a period
of five years. Schindler Elevator Corporation installed the elevator initially and is, in staff's
opinion, best suited to regularly examine, clean, and, as needed, repair or replace
malfunctioning components of the elevator. The warranty may be extended for periods of five
years.
BUDGET/STAFF IMPACT:
No staff impact.
The annual cost of the extended warranty is $5,100.00. Any changes in cost or fees to this
contract due to material and labor increases will not be allowed without the City's prior approval.
No budget adjustment is necessary for this contract. Although a warranty was not specifically
budgeted for in FY16, staff believes that the cost of this contract can be absorbed in existing
funding levels for FY16.
Attachments:
Extended Warranty Agreement with Schindler Elevator Corporation
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Schindler EW - Extended Warranty Agreement
Schindler Elevator Corporation To: City of Fayetteville
400 Hardin Road Fayetteville, AR 72701-5134
Suite 170
Little Rock, AR 72211-3507
Phone: 501-375-0930 Agent For:
Fax: 501-375-2634
This warranty is in lieu of all other warranties referred to or set forth in the Contract Documents for the Fayetteville Entertainment District project, located
at 229 N School Ave, Fayetteville, AR 72701-5134 and this Agreement takes precedence over, and incorporates no additional or different terms from
any contract documents associated with the project,
Schindler warrants that the Equipment as furnished will comply with the contractual specification; sections; "warranty". If properly notified, Schindler will,
at its expense, correct any defects and workmanship and materials occurring for 5 years from October 21, 2016, which are due to ordinary wear and
tear and not to improper use, care, or vandalism. Schindler's total cumulative liability under this warranty or anything done in connection therewith,
including breach, shall not exceed the price of the part upon which such liability based. The warranty provided herein shall be void if inspection / repair
is performed by someone other than Schindler Elevator Corporation, in a manner less than Schindler Elevator Corporation's standards. Schindler
Elevator Corporation maintains high and rigid standards for its personnel in product knowledge and training requirements. In addition, Schindler will
extend the routine inspection necessary to maintain this warranty in force through October 20, 2021. This warranty shall be extended for additional
periods of 5 years unless terminated by either party by written notice not less than 90 (ninety) days prior to the above date or the termination date of any
renewal period. This Agreement will be assigned to any successor in interest, should your interest be terminated prior to the above date, or prior to the
expiration date of any subsequent renewal, upon notification to and acceptance by us of such assignment.
As part of its inspection requirements, Schindler will regularly examine, clean, lubricate, adjust and where conditions warrant, repair or replace broken
or malfunctioning components, including: all labor and material to keep Equipment running to original specifications by Schindler, the original Equipment
manufacturer. See attached Equipment list for a Description of Equipment covered by this agreement.
SCHINDLER DIGITAL - You will be provided access to Schindler's digital tools, which include Schindler Direct, Schindler Dashboard, and Schindler
Dashboard Mobile. These digital tools and their three subscription tiers are described below.
Schindler Direct provides remote connectivity to your Equipment. Schindler Direct 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 cellular service is not available or becomes unavailable you have the responsibility to
install, maintain and pay for a dedicated telephone line, and to notify us at any time of any interruption of such telephone service. 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 Dashboard and Dashboard 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,
The three subscription tiers for Schindler Digital are
Digital Connect — Schindler's Digital Connect package provides wireless cellular communication from your equipment's controller to Schindler's data
network. This allows Schindler Direct to be connected to your equipment 24/7. Digital connect also provides access to the basic features of Dashboard
and Dashboard Mobile, giving you real time information on your equipment.
Digital Enhanced —The Enhanced Package includes Digital Connect, plus access to Schindler's Digital Support Team. This team analyzes information
gathered by Schindler Direct, which improves the reliability of your equipment and improves the response time. The Digital Support 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,
Digital Premium (Coming Soon) — 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.
During the term of this agreement, you have the ability to adjust the tier you have selected at your convenience.
Schindler will use only competent technicians specially trained to service this Equipment. Items beyond Schindler's control, such as vandalism and
abuse of the Equipment are not covered under Schindler's inspection responsibilities. Schindler will provide emergency minor warranty service and/or
repair work on a twenty-four (24) hours a day, seven (7) days a week basis, excluding elevator trade holidays. A request for service will be considered
an "emergency minor warranty service and/or repair work" if it is to correct a malfunction or adjust the equipment and requires immediate attention and
is not caused by misuse, abuse or other factors beyond our control. The term does not include any correction or adjustment that requires more than one
technician or more than two hours to complete. If you authorize callbacks outside regular working hours, on weekends, or on elevator trade holidays,
Schindler will invoice the Owner at Schindler's standard billing rates, including travel time and expenses.
For emergency repairs, please notify Schindler at 1-800-225-3123. The following information will be required:
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Building identification number and a brief description of the problem.
The price of this extended warranty agreement shall be $425.00 (Dollars) per month, payable in annual installments of $5,100.00, plus any applicable
sales, use or other taxes, The price shall be adjusted annually as of the date of the local labor rate adjustment, to reflect changes in Schindler costs for
labor. If there is a delay in determining 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 1 annually on the basis of
changes in other expenses such as fuel, waste disposal, government regulations or administrative costs. This offer is firm for 90 days from the date of
our proposal. Acceptance beyond that date may require updates of the Price and Price Adjustment Provisions.
This Agreement does not include Schindler Digital. If you would like to choose a Schindler' Digital tier, please indicate by checking below-
( ) Upgrade to the Digital Connect Package - $10 per unit, per month addition.
I l Upgrade to the Digital Enhanced Package - $20 per unit, per month addition.
The annual contract price adjustment will not apply to Schindler Digital. Schindler reserves the right to make adjustments to the monthly fee for the
Schindler Digital tiers as additional value added features and functionality are added to the selected offering
The terms and conditions attached here to are incorporated herein by reference.
Acceptance by you as ow is agent or authorized representative and subsequent approval by our authorized r rpsentat will be requi d to validate
this a * earn t.
Proposed By William Hones proved Fay; Shawn Huber Accepted By
Estimate Number: TDLG-AABPRT (2016.5.1)
Date: September 19, 2016
For: Schindler Elevator Corporation
Date: 9/27/16
Amendments to the Contract Document:
For. City of Fayetteville
DatejjQL�
#1 - Amend paragraph 8 on page 3: "However, the City shall have the right to terminate this agreement in the event
future expenditures are not approved in the annual City budget, Notice shall be given to Schindler by the City Ninety
Days prior to termination in the event funds are not budgeted.
#2 - Strike subsection (a) under "Invoices" which would require the city to pay interest on past due amounts. This
conflicts with City Policy IC -2.8(3), which says that "The City is very credit worthy and pays its bills within a
reasonable time, The City DOES NOT agree to any interest or penalty for "untimely" payments."
#3 -- Changes, modifications, or amendments in cost or fees to this contract shall not be allowed without a prior
formal contract amendment approved by the Mayor and City Council in advance of the change in cost or fees." We
understand that Price Adjustments due to materials and labor increases are normal in this industry and will not
exceed 4% In any given year.
#4- This contract has been changed from 10 years to 5 years.
#5- The terms of the proposed agreement are still valid.
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Terms and Conditions
Excluded from Schindler's inspection responsibilities are the following:
Hoistway door hinges, panels, frames, gates and sills; cabs and cab flooring; freight elevator door straps, cab doors, gates and removable cab panels;
cab mirrors and handrails; power switches, fuses and feeders to controllers; light fixtures and lamps; cover plates for signal fixtures and operating stations;
smoke detectors; cleaning of cab interiors and exposed sills; plungers, casings and cylinders; all piping and connections except that portion which is
exposed in the machine room and hoistway; emergency power generators; emergency cab lighting; communication devices; intercom or music systems;
air conditioners or heaters, fireman's phones and card readers. Exterior panels; skirt and deck panels; balustrades; relamping of illuminated balustrades;
power switches, fuses and feeders to controllers; cleaning of exposed surfaces; escalator steps and electric walk pallets; any batteries associated with the
equipment; obsolete items, (defined as parts, components or equipment either 20 or more years from original installation, or no longer available from the
original equipment manufacturer or an industry parts supplier, replaceable only by refabrication.)
Other than title, there are no additional warranties or guarantees, expressed or implied, including but not limited to, warranties of merchantability or
fitness for a particular purpose, which are expressly disclaimed.
The purchaser agrees to provide Schindler with full and free access to the Equipment to render inspection/service thereon, to provide a safe work place
for Schindler's employees, and to remove any hazardous materials in accordance with applicable laws and regulations.
Schindler has based its price on the assumption that, in performing the work required by this Agreement, it will not encounter conditions having an
unusual or adverse effect on the Equipment or the circumstances under which it must perform the work, it shall not be responsible for any adverse
effects resulting from such conditions. If Schindler encounters such conditions, it may at its option, suspend the performance of Inspection and its
warranty obligations under the Agreement pending negotiation of additional charges as compensation for increases in its costs.
Possession or control of the Equipment shall remain with the Purchaser, and the Purchaser shall retain its normal responsibility and liability as Owner,
Possessor, or Custodian of the Equipment. The Purchaser agrees to at all times carefully monitor the Equipment and its use and, in the event of the
malfunction, operation problem, or dangerous condition, to immediately remove the unit from service, erect barriers and post warnings to prevent use of
the Equipment, and promptly notify Schindler using the Schindler Customer Service Network.
Schindler hereby disclaims responsibility for accidents, injuries or malfunctions related to misuse of the Equipment or vandalism, or for obsolescence, or
other causes beyond our control, or for Equipment failures not detectable upon normal examination or otherwise not found to be the result of Schindler's
specific negligent act or omission.
Schindler will not be responsible for a loss, damage, detention, or delay caused by strikes, lockouts, labor troubles, or disputes, fire, explosion, theft,
earthquake, severe or unusual weather conditions, shortage of material or workers, malicious mischief, war, governmental orders, acts of God, or by any
other cause beyond its control. Schindler will in no event be liable for special, indirect, incidental or consequential damages,
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) the full remaining amount due under this agreement.
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.
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, costs of collection and any other appropriate remedies for breach of contract,
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 (which is subject to a limited license for use in this
building/premises/ equipment only), modems, source/ access/ object codes, passwords and the Schindler Direct feature ("SD") (if applicable) which we
will deactivate and remove if the Agreement is terminated.
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, Further, our testing responsibilities do not include performance, orthe keeping of records related to, monthly firefighters service.
You will prevent access to the Equipment, including the SD 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 SD, 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 SD output, nor for claims arising from acts or omissions of others in connection with SD or from interruptions of
telephone service to SD regardless of cause. You agree that you will defend, indemnify and hold us harmless from and against any such claims, and
from any and all claims arising out of or in connection with this Agreement, and/or the Equipment, unless caused directly and solely by our established
fault.
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Schindler Elevator Corporation is insured at all locations where it undertakes business for the type of insurance You agree to accept in full satisfaction
of the insurance requirements for this Agreement, our standard Certificate of Insurance. We will not name additional insureds. 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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Fayetteville Entertainment District
Equipment List
EQUIPMENT DESCRIPTION:
Rise/Length
Qty Manufacturer" Equipment Application Description Openings Capacity Speed Install#
Fayetteville Entertainment District
229 N School Ave Fayetteville, AR 72701-5134
1 Schindler Gearless Passenger ELEV 01 4F/OR 3500 150 J1565
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