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Home My WebLink AboutRes 05-15 Authorizing a Contract with Access Lift and Service CompanyRESOLUTION NO. 05-15 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A ONE YEAR CONTRACT WITH ACCESS LIFT AND SERVICE COMPANY FOR FULL ELEVATOR MAINTENANCE AND SUPPORT WHEREAS, the Board finds that it is desirable to obtain a maintenance agreement that will provide full coverage for the maintenance of the elevator unit, and two way monitoring that will detect adverse operating conditions, in order to avoid costly equipment failures; and WHEREAS, the staff has recommended approval of the agreement, attached hereto as Exhibit "A", whereby Access Lift & Service Company will provide planned maintenance to the Westlake Academy and the Town of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby true and correct and are incorporated herein in their entirety. SECTION 2: That the Board of Aldermen of the Town of Westlake, Texas, hereby approves the Agreement with Access Lift & Service Company relating to the planned maintenance to the elevator unit, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: That the twelve month cost of $1,200.00, has been provided in the 2004/2005 budget. PASSED AND APPROVED ON THIS 11th DAY OF APRIL 2005. ATTEST: can Dwirmell, Town Secretary Scott Bradley,May—or ACCESS LIFT & SERVICE COMPANY P. 4. Box 79639 (817) 547-0039 Saginaw, TX 76179 (817) 847-9748 (Fax) Servicing all types: Otis, Dover, Schindler, Westinghouse, U.S., Baxco, Payne, Montgomery, Esco, Lula, AMI + Homelifts & Chairlifts Complete line of Service, Maintenance, Repair, Modernization & State Upgrades of all Your Elevator Needs.... Presented to: Town of Westlake Westlake, TX Attn: Mr. Troy Meyer FULL MAINTENANCE AGREEMENT We Know you have a Choice... Thank you for choosingAccess Lift & Service Company where Customer Satisfaction is #1. Respectfully Submitted to: Town of Westlake 2650 JT 011inger Rd. Westlake, TX 76262 Building Names & Location: Same Access Lift & Service Company (herein called We) will provide Full Maintenance Service on the equipment described below by the terms and conditions set forth herein. Number of Units and Type: Manufacturer: Serial Number: (1) 2 - Stop Hydraulic Elevator Thyssenkrupp COVERAGE: We will service once a month and systematically, adjust, examine, lubricate and, whenever required by normal wear and tear and/or usage of the equipment, repair or replace components and parts as needed (except for the items excluded hereafter) to maintain the equipment in proper operating condition. We will use trained personnel directly employed and supervised by us in performance of the work. We will furnish all parts, tools, lubricants, signal lamps (replaced during routine examinations only) and labor to perform the work. We will periodically examine and test the hydraulic system and/or governor, safeties and buffers on the equipment, at our expense, in compliance with the American National Standard Institute Code Al 7.1 which is in effect on the date this agreement is accepted. This agreement includes all travel and trip cost for all service tails. COVERAGE EXCLUSIONS: We will not be liable or responsible for: *Any damage caused to the building structure or elevator equipment resulting from testing of the elevator (s). *The cleaning, refinishing, repair or replacement of: Any components of the car enclosure, decorative panels, (fixed or removable), door panels, car gates, sills, plenum chambers, ceiling, light diffusers, light fixtures, tubes or bulbs for in -car lighting, handrails, mirrors, car flooring and floor covering. *Hoist -way enclosure, hoist -way doors and gates, hoist -way frames and sills. Fire and smoke detectors and related equipment associated with Fireman's Operation which is not part of the elevator controls. *Coverplates for signal fixtures, car operating panels and hall operating panels. *Intercom systems, phone systems or card reader systems. *Main line power supply and associated breakers and switches to controller and power panel. *Emergency power supply and associated switchgear and contractors. *Emergency car lights and batteries. *Batteries for emergency lowering. *Underground jack cylinder, buried piping, buried conduit and conductors contained in buried conduit. *Any witness, permits, or other fees required by any municipal agency or other authority in conjunction with testing the equipment. *Hydraulic hoses & motors. *For EPA regulations for existing equipment (oil or contamination to the soil or any expense or recovery cost). HOURS OF SERVICE: 8:OOAM-4:30PM - 24 Hour Emergency Service We will perform all work included in this agreement during regular working hours of the elevator trade unless otherwise specified hereunder. The straight time hourly rate applicable to this agreement is $80.00. Overtime rate is $160.00. TERMS OF AGREEMENT: This agreement shall become effective, April _(�52005 and will remain in effect for a period of One (1) year. Either party may terminate this agreement by giving the other party a Thirty (30) day written notice prior to the term of the agreement's anniversary date. If termination of this agreement is not initiated by either party per the foregoing procedure, the agreement will continue, without a break in service, on a yearly basis and will remain in effect until Thirty (30) days written notice prior to the anniversary date. RESPONSIBILITIES AND CONDITIONS: *Possession and/or control of the equipment shall remain solely yours as owner, possessor, custodian or lessee. *You agree to the responsibilities of instruction or warning passengers in the proper use of the equipment, removing the equipment from service when it becomes unsafe or operates in a manner that might cause an injury to a user, promptly reporting verbally and in writing accidents or any condition which may need attention, and maintaining surveillance of the equipment for such purposes. *You agree to provide us with unrestricted access to the equipment and to provide a safe work place for our employees. *You agree to keep the equipment rooms, foist -ways and pits free of water and not permit them to be used for storage or any other purposes which will restrict our work under this agreement. *You agree not to allow others to work on the equipment, make changes, adjustments, additions, repairs or replacements during the time this agreement is in effect. *You agree to supply One (1) set of working schematics for each elevator which must be accountable at all times and returned to owner at the termination of the contract. 2. No work, service or liability on the part of Access Lift & Service Company, other than the specifically stated herein, is included or intended. The parties hereto recognize that equipment technology, equipment designs and local code requirements will change with the passage of time. We shall not be required to install new attachments, modify or improve the equipment from those conditions existing of the effective date of this agreement. We are responsible to performall work required under this agreement which is due to ordinary usage of the equipment and is deemed to be reasonably necessary by our examination. You agree to accept our sole judgment as to the means and methods to be used for any routine and/or corrective work. We shall not be required to made adjustments, repairs or replacements to the equipment caused by negligence, vandalism, misuse, accidents or obsolescence. If work is required due to such causes, you agree to pay us, in addition to the price stated herein, for such work at our regular billing rates, or at our overtime rates if applicable. We shall not be required to perform any work or test other than those specified herein at the price stated, that nothing in this agreement shall be construed to mean or imply that we assume any liability on account of accidents to persons or property except those directly due to negligent act by Access Li & .Service Company, or its employees, and that your own responsibility for accidents to persons or property while riding on or about the equipment, is in no way affected by this agreement. We shall not be held liable or responsible for any loss, damage, detention or delay resulting from causes beyond our control, included but not limited to accidents, fire, flood, act of civil or military authorities, riot, labor disputes, including strikes or lockouts, which interferes with the performance of our work or our ability to obtain parts or equipment required in conjunction with our performance under this agreement. In the event of any delay caused by any of the aforementioned reasons, our performance under this agreement will be suspended, without liability to us, by the length of time reasonably necessary to resolve the delay. Under no circumstances shall we be held responsible for indirect, incidental or consequential damages. MONTHLY PRICE: The price for service performed herein under this agreement shall be, One hundred dollars, ($100.00) per month. You agree to pay, in addition to the price stated, the amount of any sales, use, excise or any other taxes which may now or hereafter be applicable on all terms not covered by the standard monthly service. Failure to make payment is considered a breach of contract. Which could cause interuption of service or liens filed against property listed in this contract. PRICE ADJUSTMENT: The price shall be adjusted annually on the anniversary date of this agreement based on the percentage of increase or decrease in the straight time hourly labor rate for mechanics in the locality of the equipment being maintained. "Straight time hourly rate" shall mean the elevator mechanic's base pay plus fringe benefits including pension, welfare, vacation, holidays and insurance. The straight time hourly labor rate applicable to this agreement is $80.00. The price shall be adjusted annually with the approval of the Town of Westlake 30 days before the scheduled anniversary date of this agreement. SPECIAL CONDITIONS: (Included in monthly cost.} Unlimited call backs per month is included in our monthly fee. (24 hour emergency service) Included in maintenance - two way communication monitoring. All personnel must sign in and out when providing any service call. Access Lift will provide an elevator mechanic at no charge to perform safety test for State Inspector. ACCEPTABLE PROVISIONS: This document contains the entire agreement, unless attachments are referenced elsewhere, between the parties hereto and is submitted for acceptance within Thirty (30) days from the date of receipt, after which time it is subject to change or withdrawal. All prior representations or negotiations, whether written or verbal, not incorporated herein, are superseded. No changes or additions to this agreement will be valid unless in writing, signed and agreed to by both parties. We reserve the right to terminate this agreement at any time by written notice should payment not be made in accordance with the terms set forth herein. Should acceptance be in the form of purchase order, voucher, or similar document, the provisions, terms and conditions of this agreement will govern in the event of a conflict. This agreement will become valid only after being accepted and signed by our authorized representative and approved by a Access Lift & Service Company executive officer. Respectfully submitted by, Danny Ballard Access Lift & Service Company Y" G A n 1 IJ Approved by: Title: Date Approved: Date Submitted: log Accepted by: Town of Westlake Westlake, TX Date Signed: cs- v t Town of Westlake June 19, 2015 Access Lift& Service Company PO Box 35 Peaster, TX 76485 RE: Termination of Services Effective June 19, 2015, Westlake Academy is giving a thirty(30) day written notice to cancel your services for monthly maintenance on the elevators at 2600 J.T. Ottinger Road, Westlake, Texas 76262. If you have any questions please feel free to contact me at the number listed below. Sincerely, Troy J. Meyer Director of Facilities 3 Village Circle, Suite# 202 ♦ Westlake, Texas 76262 Tel: 817-430-0941 ♦ www.westlake-tx.org ♦ Fax: 817-430-1812